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NAVY | DRB | 2002_Navy | ND02-00917
Original file (ND02-00917.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT

ex-EMFN, USN
Docket No. ND02-00917

Applicant’s Request
The application for discharge review, received 020610, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a documentary record discharge review. The Applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030319. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the Applicant’s service. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

The NDRB did note an administrative error on the original DD Form 214. Block 25, Separation Authority should read: “NAVMILPERSMAN, Article 3630620” vice “MILPERSMAN 3620270.” The original DD Form 214 should be corrected or reissued as appropriate.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. I feel my discharge was improper due to the options given to me at captains mast. I could have taken a RIR, 28 days rehab, & converted to a conventional electrician or be discharged. I believe that I recieved the discharge I did because I opted out.
At the time of my positive urinalysis I was under severe family pressure. I had discovered that my wife at the time was unfaithful while I was at sea which resulted in her contracting several STD's & the eventual premature birth of my youngest son. Because of the inequitable divorce & child custody proceedings, I did not feel that remaining in the Navy was the correct option
I recieved excellent electrical training while in the Navy & am proud to have served. What I learned still benefits me today. I am currently an electrician for the Architect of the Capitol (AOC) & hold security clearances for all buildings on Capitol Hill.
Looking back I realize I could have made better decisions but at the time I was overwhelmed, confused, & young.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant's DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     830811 - 831127  COG
         Active: USN                        831128 - 851127  HON

 Period of Service Under Review :
Date of Enlistment: 851128               Date of Discharge: 890713

 Length of Service (years, months, days):

         Active: 03 07 16
         Inactive: None

 Age at Entry: 20                          Years Contracted: 6

 Education Level: 12                        AFQT: 83

 Highest Rate: EM2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.24 (5)    Behavior: 3.08 (5)                OTA: 3.56

 Military Decorations: None

 Unit/Campaign/Service Awards: Letter of Commendation, GCM, SSR with 2 Stars

 Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

851128:  Applicant reenlisted for 6 years.

 890320:  NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 890310, tested positive for THC/cocaine.

890324:  NJP for violation of UCMJ, Article 112a: Wrongful use of controlled substance on 890302.
         Award: Restriction for 20 days, reduction to EM3. No indication of appeal in the record.

890325:  Drug and Alcohol Abuse Report: Polydrug abuse, ashore off duty. Random urinalysis 890302. Commanding Officer recommended retention. Comments: EM3 (Applicant) has been an extremely hard worker and a highly effective technician during his more than three years aboard this command. Despite a waiver for pre-service use of marijuana he has been a steady and solid member of this command. However, EM3 (Applicant) has expressed no desire to continue naval service and is recommended for separation.
890424:  Medical evaluation for drug abuse found the Applicant to be a drug abuser, not drug dependent.
890516:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to drug abuse as evidenced by service record.
890516:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
890523:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to drug abuse (use).

890630:  CNMPC directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 890713 under other than honorable conditions for misconduct due to drug abuse (use) (A). The Board presumed regularity in the conduct of governmental affairs (B). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

Issue 1. There is credible evidence in the record that the Applicant used illegal drugs. Drug abuse warranted processing for separation, normally under other than honorable conditions. The record is devoid of evidence that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

The Applicant’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident during the Applicant’s enlistment. Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service. Relief not warranted.

The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received at the NDRB within 15 years from the date of his discharge. Representation at a personal appearance hearing is recommended but not required.


Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560A), Change 6, effective 11 Jan 89 until 13 Jun 90, Article 3630620, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT DUE TO DRUG ABUSE.

B. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT
If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive. You should read Enclosure (5) of the Directive before submitting such a complaint. The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness. You may view DoD Directive 1332.28 and other Decisional Documents by going online at " afls14.jag.af.mil ".

The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

                  Naval Council of Personnel Boards
                  Attn: Naval Discharge Review Board
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023

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