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NAVY | DRB | 2002_Navy | ND02-01069
Original file (ND02-01069.rtf) Auto-classification: Denied


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

ex-DPSN, USN
Docket No. ND02-01069

Applicant’s Request
The application for discharge review, received 020725, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a documentary record discharge review. The Applicant listed a private representative as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030424. 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. My discharge was inequitable because it was based on one isolated incident in 15 years of honorable service with a consistent 3.9 performance average.

As a result of this discharge at separation, and the loss of all benefits and entitlements, my standard of living has for the last 10 years suffered greatly. The other than honorable discharge has made it all but impossible to find suitable employment, that is employment with a future and benefits. The mental anguish that this discharge has caused me is almost incalculable, my reputation, my character and my financial well being have been severely impacted. I currently live and work in a homeless rescue mission, administering to the needs of those less fortunate than myself, and this is truly rewarding. However I must think of my future after the mission, and upgrading my discharge would surely after 10 years of punishment make my life as a civilian more normal.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from President of the Board of Directors, Haven of Mercy Ministries, Inc, dated July 10, 2002
Letter from Director, Haven of Mercy Ministries, Inc, dated July 1, 2002
Applicant's DD Form 214 for first enlistment.
Applicant's DD Form 214 for second enlistment
Applicant's DD Form 214 for current enlistment

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     751008 - 751020  COG
         Active: USN                        751021 - 811029  HON
                  USN                       811030 - 880129  HON
         Inactive: USNR (DEP)     890109 - 890201  COG

 Period of Service Under Review :
Date of Enlistment: 890202               Date of Discharge: 920318

 Length of Service (years, months, days):

         Active: 03 01 17
         Inactive: None

 Age at Entry: 30                          Years Contracted: 6

 Education Level: 11 GED           AFQT: 78

 Highest Rate: DP2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (3)    Behavior: 3.80 (3)                OTA: 3.90

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR (2), NER, GCM, MUC, OSR

 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 :

910430:  NAVDRUGLAB, Norfolk, VA reported Applicant's urine sample, received 910422, tested positive for THC.
910503:  NJP for violation of UCMJ, Article 112A: Wrongful use of marijuana (THC) on 910418.
         Award: Forfeiture of $663 per month for 2 months, restriction for 60 days, reduction to DP3. No indication of appeal in the record.

910506:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
910508:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
910604:  Drug and Alcohol Abuse Report: Marijuana abuse, less than monthly, ashore off duty. DAPA recommended separation. Physician found Applicant not dependent and recommended separation. Commanding Officer recommended separation. Comments: SNM is a 32 yr old male w/14 yrs and 3 mo of naval service. No potential for future naval service.

 910604:  Medical evaluation for drug abuse found the Applicant to be a drug abuser, not drug dependent.

911216:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

911217:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

920123:  BUPERS 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 920318 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 Applicant’s overall record of service does not mitigate his misconduct to a degree that would warrant an upgrade to his final discharge. Relief denied.

The Applicant’s discharge characterization during the enlistment period under review 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, to enhance employment opportunities, or for 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 15560C), effective 15 Aug 91 until 04 Mar 93, 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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