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NAVY | DRB | 2002_Navy | ND02-00953
Original file (ND02-00953.rtf) Auto-classification: Denied


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

ex-RM3, USN
Docket No. ND02-00953

Applicant’s Request
The application for discharge review, received 020618, 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. In the acknowledgement letter to the Applicant, he was informed that he was approaching the 15 year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington D.C. area. Applicant did not respond.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030410. 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.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. Dear Sir/Madame:

I am submitting this letter on behalf of my other than honorable discharge. I was released from the U.S. Navy for drug (cocaine) use. I refused to admit any guilt at that time and my Commanding Officer also charged me with possession, distribution and introduction of controlled substance.

I denied my guilt for years because the Navy was the only life I knew as an adult. I made the Navy my career and just like that, it was gone. I refused to accept the blame for the shame, disappointment and embarrassment I brought to myself, my family and to the U.S. Navy.

For approximately nine (9) years I carried that guilt on my mind. Finally, after talking with my Minister, friends and family, I came to realize I had to face facts and get on with my life. I admitted my guilt and I admitted myself into Kenner Substance Abuse program. I completed the program after twelve (12) weeks of testing and group therapy. Even though I feel much better about life and myself, I will always miss the U.S. Navy. If I had to do it all over again, I would definitely join the U.S. Navy, but without the drugs.

One thing above many that I learned from the U.S. Navy is that, "You can do a thousand things right, but the one thing that you do wrong, will be remember".

So in closing, I thank the Lord for giving me the wisdom and courage to join the U.S. Navy and I also would like to take this moment to apologize to the U.S. Navy for any shame, embarrassment, etc. that I my have caused.

For the past fifteen (15) year I have been working deligently trying to get my life back into order. I have asked the Lord, my family and self for forgiveness. I am ready to move on and I am respectfully requesting my discharge under other than honorable condition be upgraded.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from Kenner Substance Abuse Clinic dated January 3, 1996
Criminal record check dated May 3, 2002
Applicant's DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: None
         Active: USN                        740430 - 780305  HON
                  USN                       780306 - 830804  HON

 Period of Service Under Review :
Date of Enlistment: 830805               Date of Discharge: 871222

 Length of Service (years, months, days):

         Active: 04 04 18
         Inactive: None

 Age at Entry: 28                          Years Contracted: 6

 Education Level: 11 GED           AFQT: 00

 Highest Rate: RM1

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (5)    Behavior: 3.73 (7)                OTA: 3.68

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM (3), BER, NEM, MUC, SSDR

 Days of Unauthorized Absence: 26

 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 :

830805:  Applicant reenlisted for 6 years.

 870918:  NJP for violation of UCMJ, Article 112A (3 specs): (1) Wrongful use of controlled substance, (2) Wrongful possession, distribution of controlled substance, (3) Wrongful introduction of controlled substance.
         Award: Reduction to RM2, administrative discharge. No indication of appeal in the record.
871030:  Applicant declared a deserter.

 871117:  NJP for violation of UCMJ, Article 1112A Wrongful use of controlled substance, violation of UCMJ, Article 86: Unauthorized absence from 0615, 871019 to 0355, 871115 (28 days/surrendered), violation of UCMJ, Article 87: Missing ship's movement on 871119.
         Award: Forfeiture of $509.70 per month for 2 months, restriction and extra duty for 45 days, reduction to RM3. No indication of appeal in the record.

 871119:  Applicant missed ship's movement.

 871127:  Medical officer evaluation: Drug dependency - cocaine. Alcohol abuse - probably dependent.
871202:  Drug and Alcohol Abuse Report: Cocaine abuse, 1 to 3 times a week, Aug87 to Oct87, ashore, off duty and afloat. Search and seizure 870825. Medical officer found Applicant dependent and recommended separate via VA hospital. Commanding Officer recommended processing for separation. Comments: Member denies use even after second positive urinalysis.
870929:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse. [Extracted from Commanding Officer's message dated 871203.]
871120:  Applicant advised of his rights and having elected not to consult 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 and to make a statement. [Extracted from Commanding Officer's message dated 871203.]
871204:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). Commanding Officer’s comments (verbatim): [RM3 W_ (Applicant) is being processed for an administrative discharge due to drub abuse. His repeated incidents of drug abuse and other violations of UCMJ cannot be tolerated. Such conduct has diminished his ability to function as a petty officer and has set a counter-productive example to subordinates. It is felt that his continued presence in the navy would benefit neither himself nor the naval service. It is therefore strongly recommended that RM3 W_ (Applicant) be discharged from the naval service with an other than honorable discharge.]

871210:  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 871222 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: In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge proper and equitable. A characterization of service of under other than honorable conditions is warranted when the service member’s conduct constitutes a significant departure from that expected of a sailor. The record is void of any evidence that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. The Applicant’s service record is marred by award of non-judicial punishment (NJP) on two separate occasions for drug use, thus substantiating the misconduct . The Applicant’s summary of service clearly reflects the Applicant ’ s disobedience of the orders and directives that regulate good order and discipline in the naval service, and demonstrated he was not suitable for further service. Relief denied.

 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. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge. E vidence of continuing educational pursuits, a positive employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence that the Applicant is living a drug free life style, are examples of verifiable documents that should be provided to receive consideration for relief, based on post-service conduct. At this time, the Applicant has not provided sufficient verifiable documentation of good character and conduct to mitigate his misconduct while on active duty. Relief denied.


Pertinent Regulation/Law (at time of discharge)

A. Navy Military Personnel Manual, (NAVPERS 15560A), effective 15 Jun 87 until
10 Jan 89, 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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