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NAVY | DRB | 2004_Navy | ND04-00006
Original file (ND04-00006.rtf) Auto-classification: Denied


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

ex-CMCN, USNR-R
Docket No. ND04-00006

Applicant’s Request
The application for discharge review was received on 20030926. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests 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 did not respond.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040628. 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 stated

Applicant’s issues, as stated on the application:

1. “Dear Sirs:
My one time experience with cocaine was a peer pressure issue and was only an experiment to try it. I have not been involved with any drug since. The discharge I received from the Navy has greatly effected me. There is nothing more important to me than to receive an Honorable Discharge from the U. S. Navy. I am also looking into getting back into the reserves and to serve my country with pride. I would also like to apologize for the mistake that I made in letting my fellow servicemen and country down, and would like another chance to serve again.”

Thank You,
D_ L_ Jr. (Applicant)

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter of recommendation from Sergeant K_ A_ B_, Southwick Police Department, dated October 10, 2003.
Letter certifying Applicant is an active member of Southwick Fire Department, dated September 19, 2002.
Applicant’s discharge from the Navy (DD 1784), dated October 12, 1988.
Applicant’s DD Form 214 (Service 7)
Applicant’s enlisted performance evaluation report (4 pages).
Applicant’s specific accomplishments
Applicant’s history of assignments

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: None
         Active: None

 Period of Service Under Review :
Date of Enlistment: 830816               Date of Discharge: 881012

 Length of Service (years, months, days):

         Active: 00 06 17
         Inactive: 04 07 10

 Age at Entry: 21                          Years Contracted: 6

 Education Level: 12                        AFQT: 34

 Highest Rate: CM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.73 (3)    Behavior: 3.80 (3)                OTA: 3.80

 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 :

830805:  Applicant briefed on Navy's policy of drug and alcohol abuse.

 840424:  Applicant reported for initial tour of active duty for training.

840914:  Applicant released from initial tour of active duty for training with an Honorable by reason of completion of required active service (USNR-R) IADT.

880429:  NAVDRUGLAB, Norfolk, VA, reported Applicant’s urine sample, received 880420, tested positive for cocaine.
880512:  Drug and Alcohol Abuse Report: Cocaine abuse ashore off duty on 880416. Urinalysis was randomly done. DAPA and Commanding Officer recommends separation from service (not via veteran’s administration hospital). Commander comments: CM3 L_ (Applicant) does not have any history of disciplinary action or drug abuse. Past and present military work record is good. Member was counseled by Command SAC. Due to the fact that the drug involved is cocaine and the Command SAC does not feel he has potential to succeed in a Level 1 program, this command does not feel he has potential for future Naval service. CM3 L_ (Applicant) is being processed for separation. It should also be noted member freely admits to use of cocaine on a frequent basis.
880512:  Medical evaluation for drug abuse found the Applicant to be a drug abuser, not drug dependent. Applicant counseled this date for positive random urine screening for cocaine on 880416. Applicant freely admits to use of cocaine but I suspect frequent use of drugs. Applicant counseled and offered referral to VA or local drug rehabilitation center but does not feel he needs help. Applicant expresses desire to remain in the Naval reserve but due to the fact he is not recommended for level 1 and was abusing cocaine he will be recommended for discharge from the naval reserve.

880720:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of unsatisfactory participation and misconduct due to drug abuse as evidenced by NAVDRUGLAB Norfolk, VA 29085OZ April 88.
880721:  Applicant advised of 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.
880823:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). Commanding Officer’s comments: Upon receipt of the original positive test (Enclosure (6)) [NAVDRUGLAB, Norfolk, VA 290850Z APR 88], member was counseled by the command substance abuse coordinator (SAC) concerning his positive urinalysis test results on 880512. Members drill performance was declared unsatisfactory on 880618. Enclosure (8) [Drill Muster Record NAVPERS 1570/12] and (9) [Record of unexcused absences NAVRES 1570/2, documenting UNSAT drills for 19Sep87, 21May88, and 18/19 Jun88], are forwarded to document his unsatisfactory drill performance. Through his counseling session and unsatisfactory drill performance, it is recommended that CM3 L_ (Applicant) be administratively separated from the Naval Service with a characterization of General.

881001:  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 19881012 under other than honorable conditions for misconduct due to drug abuse (A). The Board presumed regularity in the conduct of governmental affairs (B). After a thorough review of the available 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 states his discharge was based on one isolated incident with no other infractions. There is credible evidence in the record that the Applicant used illegal drugs. Even one instance of drug abuse warranted processing for separation. Separation under these conditions generally results in characterization of service under other than honorable conditions. Relief denied.
Issue 2. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

The following if provided for the edification of the Applicant. The NDRB has no authority to provided additional review of this case since Applicant’s discharge occurred more than 15 years ago. The Applicant may, however, petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning a change in the characterization of naval service, if he desires further review of his case.


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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