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NAVY | DRB | 2005_Navy | ND0500504
Original file (ND0500504.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-MMFN, USN
Docket No. ND05-00504

Applicant’s Request
The application for discharge review was received on 20050126. The Applicant requested the Discharge Characterization of Service received at the time of discharge be changed to honorable or general (under honorable conditions). The Applicant also requested a personal appearance hearing before a traveling panel closest to St Louis, M.O. and a documentary record discharge review. The Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel and that his personal appearance hearing would be held in Washington, D.C. at the Washington Navy Yard. The Applicant failed to respond by the deadline date to a letter requiring the Applicant to notify the Naval Discharge Review Board of intention to be present for the requested personal appearance hearing. Therefore, a documentary review was conducted. The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060119. 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 by reason of misconduct due to drug abuse.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“To Whom it may concern. I believe after 70 months of service, one re-enlistment, and one war. I think one isolated incident in which I did dishonor myself and the Navy and have never engaged in such activity ever since then I guess I was young and stupid and I feel being asked to end my Naval career was punishment enough due to the fact that I had just made E-5 and was Engine room supervisor qualified. I messed up at a really bad time in my life, and now with our country at war again I cannot be a part of serving my country in a time of need like the one. Please take my request for an upgrade to Honorable so I can at least be proud of the great service I did devote to my country.
Thank you
[Signed] (Applicant)”

 Documentation
Only the service and medical records were reviewed. The Applicant did not provide additional documentation for the Board’s consideration.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19860128 - 19860302      COG
          Active: USN      19860303 - 19900131      HON
Period of Service Under Review :
Date of Enlistment: 19900201             Date of Discharge: 19911002

 Length of Service (years, months, days):

         Active: 01 08 02
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: None
         Confinement:              None

 Age at Entry: 22

 Years Contracted: 3

 Education Level: 10 GED                    AFQT: 44

 Highest Rate: MM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.4 (4)                       Behavior: 3.3 (4)                 OTA: 3 .65

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214) : Navy Unit Commendation; National Defense Service Medal; Southwest Asia Service Medal (with 2 Bronze Stars); Sea Service Deployment Ribbon (First).


Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/ Misconduct - Drug abuse (Use), authority: MILPERSMAN, Article 3630620 .
Chronological Listing of Significant Service Events :

900201:  Reenlisted this date for a term of 3 years.

900609:  Applicant diagnosed with adjustment disorder. [Extracted from NAVMED 1406.]

910907:  NJP for violation of UCMJ, Article 112a: Use of cocaine on 91Aug16.
         Award: Forfeiture of $500 per month for 2 months, restriction and extra duty for 45 days, reduction to E-3. No indication of appeal in the record.

910909:  Medical Officer’s evaluation indicates Applicant is not dependent on drugs or alcohol and that no further medical workup is required. [Extracted from Commanding Officer’s message dated 910926.]

910909:  Medical evaluation by LT K_ MC. Found no medical problems which should inhibit treatment in the program. Applicant tested positive for cocaine. Unfit for U.S. Naval Service.
910909:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of misconduct due to drug abuse.
910909:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.
910926:  Commanding Officer, USS SARATOGA recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. Commanding Officer’s comments: “MMFN S_ (Applicant) does not conform to military standards and is aware of the Navy’s policy regarding drug abuse. Accordingly, it is recommended that he be separated from the naval service under other than honorable conditions on the basis of misconduct due to drug abuse.”

911002:  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 19911002 by reason of misconduct due to drug abuse (A) with a service characterization of under other than honorable conditions. 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 (B and C).

The Applicant contends that his discharge should be changed because it was based on one “isolated incident.” Despite a servicemember’s prior record of service, certain serious offenses, even though isolated, warrant separation from the naval service in order to maintain proper order and discipline. The Applicant’s service record is marred by award of nonjudicial punishment (NJP) for illegal drug use, thus substantiating the misconduct for which he was separated. Separation under these conditions generally results in characterization of service under other than honorable conditions. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. In the Applicant’s case, the Board could discern no impropriety or inequity and therefore consider his discharge proper and equitable. Relief denied.

The Applicant implies that his discharge should be upgraded because he has not used drugs since the incident that precipitated his discharge. 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 Naval service. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided any post-service documentation for the Board to consider. Relief denied.

The Applicant contends that he was “young and stupid.” While he may feel that his immaturity was the underlying cause of his illegal drug use, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service. The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

The Applicant implies his discharge was inequitable because ending his “Naval career was punishment enough.” Mandatory processing for separation is required for sailors who abuse illegal drugs. Separation under these conditions generally results in characterization of service under other than honorable conditions. Administrative discharges are not considered punitive. Relief based on the Applicant’s assertion would be inappropriate. Relief denied.

The Applicant remains eligible for a personal appearance hearing, provided an applicant is received, at the NDRB, within 15 years from the date of discharge. Representation at a personal appearance hearing is recommended but not require.


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 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .


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 “ http://Boards.law.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:

                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023

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