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NAVY | DRB | 2002_Navy | ND02-01185
Original file (ND02-01185.rtf) Auto-classification: Denied


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

ex-HTFR, USN
Docket No. ND02-01185

Applicant’s Request
The application for discharge review, received 020820, 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 030602. 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. I was discharged from the Navy due to my involvement with a man who was selling LSD. He was also military personnel and told on everyone who he sold to. I brought from him two times and my involvement with LSD and other drugs ceased after my discharge. I am involved with AA as I've had problems with alcoholism since my discharge and have been clean & sober since October of 2001. I was hoping that my OTH discharge could be upgraded to Honorable and that I could receive benefits associated with an Honorable Discharge.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     900206 - 900506  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 900507               Date of Discharge: 920317

 Length of Service (years, months, days):

         Active: 01 09 28
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 75

 Highest Rate: HTFA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA*                 Behavior: NMA             OTA: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: NUC, NDSM, SASM, SSDR

 Days of Unauthorized Absence: 13

*No Marks Available

 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 :

910111:  Retention Warning: Advised of deficiency (Destruction of government property), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910611:  NJP for violation of UCMJ, Article 77: Principals.
         Award: Forfeiture of $100.00 pay per month for 1 month, restriction and extra duty for 14 days. No indication of appeal in the record.
910820:  Retention Warning: Advised of deficiency (Loss of government property (ID Card)), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

911126:  NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance.
         Award: Forfeiture of $375.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.

911205:  CAAC evaluation indicates Applicant was screened and evaluated as a result of a command referral for illicit drug abuse (LSD). Appears to be a illicit drug abuser as shown by his self admission of the referral incident and a history of pre-service drug abuse consisting of marijuana and cocaine use. In addition, SNM appears to be dependent on alcohol as shown by a high tolerance to the effects of alcohol, experiencing alcohol induced blackouts, and frequent periods of being intoxicated. SNM disclosed drinking six (12 once) beers per week, an amount which is believed to be minimized. It is recommended that the SNM be separated from the naval service. In addition, CAAC recommends that SNM participate in a Level I, four by six command urinalysis program.

911217:  Medical evaluation for drug abuse found the Applicant to be a drug abuser, not drug dependent.
911217:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by all incidents in current enlistment.
911217:  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 documents that will be used to support the basis for separation.
911217:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

911227:  BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

920226:  UA from TPU Charleston, SC 0730, 920226.

920310:  Surrendered onboard TPU Charleston, SC at 1152, 920310. Retained onboard pending disciplinary action/disposition.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 920317 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 discharge was proper and equitable. Relief denied.
The Applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. 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 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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