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NAVY | DRB | 2003_Navy | ND03-00090
Original file (ND03-00090.rtf) Auto-classification: Denied


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

ex-CTRSR, USN
Docket No. ND03-00090

Applicant’s Request
The application for discharge review, received 20021016, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The Applicant requested a documentary record discharge review. The Applicant did not list any representative on the DD Form 293. In the acknowledgement letter, the Applicant 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 advised the Board that he was unable to come to Washington DC for a personal appearance due to financial reasons.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20030912. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. 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. Members of the Navy & Marine Corps Review board:

My name is (Applicant) and I write to you today requesting your assistance regarding my discharge from the Navy in 1988. I realize a long time has passed since the events I am asking you to evaluate, however, I have been living with the consequences of those events for that long time and I should be not only allowed to tell my side of the story but that my side should be seriously considered.
I was a 17 year with a fiancé and the desire to be married. I made a decision to join the Navy and began my proceedings on the day I turned 17. I began what I thought would be a long career in the Navy at the Naval Training Center in Orlando Florida. I was meritoriously promoted from E-1 to E-2 and completed my basic training. I then began my A School in Pensacola Florida. Through all of this time I had no disciplinary or health issues and was your basic eager recruit ready to take on any assignment given to me. I completed my A school and prepared to be deployed to Okinawa. Three days prior to going on one month of leave prior to deployment to Okinawa my naval career came to a screeching halt. As it turned out I tested positive for Cocaine on my over seas screening physical examination. My security clearance was revoked and I faced non judicial punishment. I was placed on base restriction and was found guilty in my Captain's Mast. Soon after that I was promptly with an “Other than Honorable” discharge indicating the reason as Drug Abuse.

The events leading to my discharge require more of an explanation and I would like to take this opportunity to present my reasons for not challenging the charges and accepting my punishment.
While attending my A-School my fiancé and I separated due to personal issues. Despite this separation which turned my life upside down and took the main reason I joined the Navy out of the picture my intention was to at least serve the 4 year enlistment I signed. I had no disciplinary issues after my separation from my fiancé up until the positive urine test. As a matter of fact, the urine test was my only violation of any kind of law or UCMJ. To further prove that point I achieved the Samuel F.B. Morse award in less than a week after completing my requirements for graduating my A-School. As my instructor told me then, the fastest she or anyone she knew to achieve that award after completing A-School requirements was 3-4 weeks. The fact is I was an excellent recruit, even while serving my restriction to base as punishment from my non judicial punishment. During the two and ½ months I was on restriction to base performing manual labor, I had 4 a day full dress musters which I never missed or even arrived late to. I was never even found to be improperly dressed for muster as my uniform was a my uniform was always sharp and clean.
To this day I do not know how or why I tested positive for cocaine on that urine test. The facts do not ad up. I went to a rock concert and had some beer from a cup which a few other people were drinking. That was the only place I could have ingested any substance. I tested positive on my over seas screening physical. This is a scheduled examination for which everyone knows you will have a urine test. Knowing I would be tested within the next 3 to 5 days, why would I ingest cocaine or any other illegal substance? If there was cocaine in my system, to this day I can not tell you how it got in my system. Once I was told I tested positive for cocaine I requested a second urine test be administered. My request was denied and I was informed that the original urine sample would be tested a second time to ensure the positive result was correct. Why was I not allowed a valid opportunity to prove my innocence? I attempted to explain this is my instructor who was assigned as my counselor for my Captain's Mast and they placed this information as my defense.

I was given all of 3 hours to dress and appear before Captain J.D B_, with no instructions on how the proceedings for a Captain's Mast occurred. I went before Captain B_ and was promptly instructed by the Captain to be quiet and was found guilty. I was never given the opportunity to go through drug rehabilitation or for a different position within the Navy.

I did not challenge the verdict and decided since my original plan to get married was no longer possible, this would complete my enlistment and I would not have to serve the 4 years I had enlisted for. This was the biggest mistake I made. I did not and still do not know what options I had. I can say that for almost 15 years now I have achieved what I have and I am the man I am despite what is on my military record. I would like to achieve more.

Here is what I have done since I left the Navy in 1988. I have worked with Home Shopping Network America II Electronics, Tech Data Corporation, IKON Office Solutions and Arthur Andersen. Here is a summary, of what positions and the responsibilities I've held.

Senior Technical Consultant
Arthur Andersen. Sarasota, FL November 2000 - Present

Senior Network Engineer
IKON Office Solutions TS- Fort Lauderdale, FL May 1988 - November 2000

Information Systems Manager
INSO Florida. Melbourne, FL June 1997 - March 1998

Technical Support Representative
Tech Data Corporation. Saint Petersburg, FL December 1996 - June 1997

Help Desk Supervisor
America 11 Electronics. Saint Petersburg, FL March 1995 - November 1996

 Systems Analyst
 Home Shopping Network. Saint Petersburg, FL 1991 - 1995.

 Aside from that I have been married for over 10 years and I am the father of three beautiful boys. I own a very nice house built in 2002 and I am a law abiding tax paying citizen. I have accomplished this despite having a permanent mark on my record which has haunted me for almost 15 years.
I am asking you to please give me an opportunity. Please change my discharge as well as removing the drug abuse listing under it. I was found to be diabetic nine months after being discharged. On my discharge physical my urine tested with 4 + of sugar. I'm living with this. I would like to live without an unjust drug conviction. This mark on my record places me in an unfavorable position for government jobs as well as jobs which require security clearance. I am an exceptional employee and would like to work for the government. Please help me achieve my goals.

Sincerely,
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from Applicant, dated January 21, 2003
Applicant’s resumé
Applicant’s DD Form 214
Police record check, dated December 11, 2002
Samuel F. B. Morse award

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19870911 - 19880112      COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19880113                      Date of Discharge: 19881101

 Length of Service (years, months, days):

         Active: 00 09 19
         Inactive: None

 Age at Entry: 17 Parental Consent                Years Contracted: 4

 Education Level: 12                                 AFQT: 57

 Highest Rate: CTRSA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA                                    Behavior: NMA             OTA: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 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 :

880118:  Applicant briefed on Navy's policy of drug and alcohol abuse.
880829:  NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, processed on 880818, tested positive for cocaine.

880901:  NJP for violation of UCMJ, Article 86: Failure to go to appointed place of duty on 880825, violation of UCMJ, Article 112A: Wrongful use of cocaine from 880801 to 880810.
         Award: Forfeiture of $300 per month for 2 months, restriction and extra duty for 45 days, reduction to CTRSR. No indication of appeal in the record.
880908:  Medical evaluation for drug abuse found the Applicant to be a drug abuser, not drug dependent.
880907:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by nonjudicial punishment on 1 September 1988.
880907:  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.
880927:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

881022:  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 19881101 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. The Applicant provides a summary of past and present employment, states he is a law abiding, tax paying, family man that would like to live without an unjust drug conviction.

The Board commends the Applicant on his achievements in providing for his family. However, n ormally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No errors or inequities were discovered in the execution of the Applicant’s discharge. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, 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 the civilian life subsequent to leaving the service. Outstanding post-service conduct, 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 can be considered. Examples of documentation to provide the Board for consideration of post-service accomplishments include proof of educational pursuits, verifiable employment record(s), documentation of community service, certification of non-involvement with civil authorities, and credible evidence of a substance free lifestyle. At this time, the applicant has not provided sufficient documentation for the Board to consider. Therefore, no relief will be granted.
He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB by 1 November 2003 (within 15 years from the date of his discharge). The applicant can provide additional documentation to support any claims of post-service accomplishments at that time. 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), 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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