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NAVY | DRB | 2005_Navy | ND0500541
Original file (ND0500541.rtf) Auto-classification: Denied


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

ex-MMFN, USN
Docket No. ND05-00541

Applicant’s Request
The application for discharge review was received on 20050202. The Applicant requests the characterization of service received at the time of discharge be changed to general (under honorable conditions). The Applicant requests a documentary record review. The Applicant did not list any representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20050519. 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 4 to 1 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. “Based on an inequitable issue provided as evidence within attachements.

IAW SECNAV Instruction 5420.174C of 22 August 1984 (MDR 1984), enclosure (1) chapter 9, paragraph 9.3, Equity of Discharge, I ask the Board to consider the following medical and personal factors that directly impaired my ability to serve honorably:

My marriage fell apart while I was in service. It is reasonable that this situation would cause stress for someone not diagnosed as Alcohol Dependent.
I was diagnosed as being Alcohol Dependent as per my final medical evaluation [Submitted Evidence].
Treatment was sought out by and secured by myself for the Disease of Alcoholism resulting in 11+ years of continuous sobriety [Submitted Evidence]
My Physiological/Psychological Disease of Alcoholism coupled with the stress of my bad marriage clearly inhibited my ability to serve Honorably resulting in the OTH Discharge for Misconduct (Drug Abuse).
I request for the Review Board to additionally consider these vital factors when weighing the supporting documents submitted to me before you.

Respectfully,
S_ C. O_ [signed] (Applicant)
(Social Security Number Deleted)

 Applicant 's voluntary statement

Reference material: (included)
*1 - Message NAVDRUGLAB Jacksonville
*2 - NACRUIT 1133/7 Drug Abuse Certificate
*3 - Enlisted Performance Record
*4 - History of Assignments NAVPERSN1070/605
*5 - From 600 Dependency Evaluation
*6 - Performance Evaluation
*7 - North Cottage certificate(s) & Volunteer Letter

I am writing this statement on my behalf requesting to be considered for an upgrade relative to the Other Than Honorable Discharge for Misconduct (Drug Usage) I received from the U.S Navy in 1992 based on the belief of there being evidence (provided) of inequitable circumstances surrounding this discharge. Inclusive are outstanding post-service factors achieved for the NDRB to consider in the prospective re-characterization of this discharge with proof thereof submitted. This OTH Discharge stems from the results of a random urinalysis I received while attached to NAVCONBRJG (Staff) at Naval Weapons Station, Charleston, S.C. as Correctional Specialist MM2/SS S_ C. O_ (Applicant). The results of the urinalysis in question were returned back from the Navy Drug Lab [*1] having tested positive for cocaine, which had wrongly been ingested several days prior to the urinalysis being conducted while I was impaired from the intoxicating effects of alcohol. This one instance of illicit substance usage occurred during the confluence of several unrelated crisis’ where I made a very irrational and extremely poorly thought out decision to use cocaine in the span of just a few seconds when the drug was offered to me. This action was completely out of character based on never having used any illicit substance in my past determined by initial back-round investigation conducted and approved for the “Secret” security clearance required for Submarines duty, signed Drug Abuse Certificate [*2] furthered by 5+ years aboard two submarines (Submarine Warfare Qualified on both) continuously within a zero tolerance atmosphere and ultimately passing the very rigorous & lengthy requirements to be selected for Brig Duty- a cumulative period of over 10 years time.

I entered the Navy in December 1982 disciplined enough at first to complete only the minimum requirements to continue service. Near the end of my 2 nd year I responded positively to a change of venue when stationed aboard U.S.S. Henry Clay SSBN 625 (Blue Crew) where I found the shipboard atmosphere 180˚ different than my previous command. This transfer was the catalyst for boosting my morale- effectively challenging myself to become a more responsible Sailor and accountable for all my actions. Deciding a Naval Career likely I began applying myself towards accomplishment of a number of achievements previously ignored. By April 1986 I was “Squared Away”, ready and willing to acquire all that the Navy had to offer and from that point on never achieved a mark lower than 3.8 on any Performance Evaluation [*3]. I was proud of my accomplishments ultimately signing an extension beyond my PRD & EAOS [*4] and re-enlisting under the STAR Program earning my 4245NEC at Submarine Training Facility passing the Auxiliary Equipment Package School. I then transferred to U.S.S. Frank Cable AS-40 R-9 Division (Machinery Repair) where my strong work ethic was quickly recognized and I was recruited by R-8 Division (QA) where I excelled beyond all expectations qualifying as a Nuclear Quality Assurance Inspector (NQAI-358) in record time. An NQAI qualification meant that I had passed boards up to and including the Department Head level (Commander & above) in QA, Cleanliness, Inspection Practices, Radiological Controls & Radiation Worker capacities. Forward deployed to La Maddalena, Italy in 1988 and as my PRD approached I elected to participate in the pre-qualification requirements for Brig Duty where I was closely observed for a period of 3 months by my entire chain of command up to my Executive Officer. All members in my chain signed off with very positive remarks from each individual member ultimately selected me for the even more stringent actual Brig Duty qualification process, which among other things consisted of numerous random urinalysis requests on my behalf obviously all of which were passed. Passing this qualification process meant orders to Ft. McClellan, AL. for an extended period. This coupled with my recent and unexpected 9-month overseas deployment put tremendous strain on my 2-year-old marriage causing undue stress, which eventually lead to divorce proceedings. These factors began to manifest in my drinking more frequently than I ever had before prior to this time. Graduating from the U.S. Navy’s Correctional Specialist School & U.S. Army’s Military Police School for Corrections I entered Brig Duty with vigor accompanied by the highest aspirations to succeed as a means in making an effort to move onward beyond my failed marriage. In this capacity I failed miserably due to all the emotional baggage & scars still carried by me. Subsequently I transferred from the small 50-prisoner capacity NAVSTABRIG, to the mammoth 500-prisoner capacity, multi-service branch NAVCONBRIG with it’s negative prison like atmosphere. With the shortcomings in my personal life coupled with stress related to my present assignments, each demanding & grueling, my enthusiasm waned and within a year I requested a transfer out as Orientation Housing Supervisor to Maintenance. By then I literally saw my life spiral out of control becoming physically addicted to alcohol [*5] and feeling so hopeless thus causing me to fall susceptible to making the worst decision of my life resulting in the self-termination of my Naval career.

After my Non-Judicial Punishment the gist of which is the Other Than Honorable Discharge I was awarded, my Commanding Officer suggested that I straighten my life out and that even though my Naval career was over my life was not. His words stayed with me yet I continued to succumb to daily abuse of alcohol until it soon became very apparent to myself and my family that my propensity for imbibing alcohol was my biggest nemesis as well as an out of control addiction.

In February of 1994 I entered the VA hospital at Brockton, MA. for a 7-day detoxification program followed by a 28-day inpatient stay for my chronic alcohol abuse. It was recommended here to me that I follow this first line of treatment up with additional treatment which I did again immediately at The North Cottage Program*[7] located in Norton, MA. This program was intensive in nature- lasting 6 months of inpatient counseling at their halfway house followed by an additional 9 months of living in the closely supervised ¾ house where all residents must be gainfully employed and clearing up personal wreckage such as outstanding civil matters and as in the Navy subject to frequent random drug abuse screening. For the grace of God I have been able to nut together 11 years of unbroken sobriety & civil obedience in my quest to better my life considering myself to be an upstanding, integral part of my community. I have been employed at the same firm since that time and have steered well clear of anything less than upstanding citizenship . Using employer provided tuition assistance program I have furthered my training & education and selected for an advance Automation Specialist Technical School graduating at the top of my class. I have volunteered at veterans’ homeless shelters and with projects serving a number of communities via my employer [7]. I am also involved in helping alert youths to the negative plights of drug/alcohol use. I am currently 3 years into my 2 nd marriage with my wife & I rearing our 1-year-old son to the very best of our ability.

I make no excuses for my mistake; I request only that when examining my plea for a discharge upgrade to a General that the submitted supporting documents also be examined for the review. I ask this so that I might look at my decade long career in the Navy knowing that while my misconduct violated aspects associated with honorable service that ultimately this was an isolated wholly uncharacteristic incident. An incident brought on in it’s entirety by the most absolute worse decision of my entire life due to unforeseen personal circumstances and furthermore having never developed into a pattern or repetitive in nature, past or present, to even the slightest extent what so ever. I have continuously been accountable for my actions, good & bad and while having no bearing towards the board but I personally believe that through hard work one might overcome the negative stigma associated with making a mistake by showing over time that it is in fact totally out of character and not a flaw. While presently I view my career with confusion and shame due to this glaring mistake , I can however look back at an otherwise unblemished record I had achieved over the course of previous commands while on active duty within the Navy, including an overall 4.0 mark on a performance evaluation [*6] as well as the Good Conduct Medal awarded, with a small element of pride. Increasing that amount exponentially with a satisfactory outcome by the NDRB would be desirable and favorable but not my intent or purpose here. Among my time as a submariner, my patrols submerged hold the highest value in my life’s experiences. I hope and encourage others to value it highly as well in light of my terrible mistake that subsequently has been addressed and dealt with the utmost thoroughness and seriousness.
Thank you for your consideration,

S_ C. O_ [signed] (Applicant)
(Social security number deleted)”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s voluntary statement, undated
Message NAVDRUGLAB Jacksonville [1]
NACRUIT 1133/7 Drug Abuse Certificate [2]
Enlisted Performance Record [3]
History of Assignments NAVPERSN1070/605 (2 pages) [4]
From 600 Dependency Evaluation (2 pages) [5]
Performance Evaluation [6]
 North Cottage certificate(s) & Volunteer Letter (5 pages) [6]
Applicant’s DD Form 214
Letter awarding the humanitarian service medal, dated September 28, 1990 (2 pages)
Citation dated September 21, 1989 to October 30, 1989
Humanitarian Service Medal for Hurricane Hugo letter, dated January 19, 1991
Battle Efficiency Award letter, dated January 19, 1991
Letter of appreciation, dated September 6, 1990
Letter of appreciation, dated July 20, 1990
Adult criminal record, dated December 17. 2004

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     821023 - 821212  COG
         Active: USN                        821213 - 870301  HON

 Period of Service Under Review :
Date of Enlistment: 870302               Date of Discharge: 921013

 Length of Service (years, months, days):

         Active: 05 07 12
         Inactive: None

 Age at Entry: 24                          Years Contracted: 6 (16 months extension)

 Education Level: 12                        AFQT: 80

 Highest Rate: MM2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.80 (6)             Behavior: 3.87 (6)                OTA: 3.83

 Military Decorations: Enlisted Submarine Insignia, SSBN Deterrent Patrol Insignia (4)

 Unit/Campaign/Service Awards: SSDR (4), NDSM, NER (3), HSM, GCM

 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 :

870302:  Applicant reenlisted for 6 years under the Star Program.

 920702:  NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 920626, tested positive for cocaine.

920707:  NJP for violation of UCMJ, Article 112a: Use of controlled substance on 920622.
         Award: Forfeiture of $600 per month for 2 months, restriction and extra duty for 45 days, reduction to E-4. No indication of appeal in the record.
920804:  Applicant to counseling and assistance center (CAAC) for evaluation. Applicant appears to be dependent on alcohol and an abuser of illicit drugs. Recommend Applicant be separated and offered treatment through local VA.

920811:  Applicant notified of intended recommendation for administrative discharge by reason of misconduct due to commission of a serious offense and misconduct due to drug abuse as evidenced by a positive urinalysis for a schedule II controlled substance. If separation is approved, the characterization of service may be under other than honorable conditions.
920825:  Medical evaluation for dependency found the Applicant to be psychologic drug dependent and physical alcohol dependent. Recommend separation and VA.
920825:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27(b), elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
920831:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

920928:  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 19921013 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 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. Normally, to permit relief, an impropriety or inequity must have existed during the period of enlistment in question. If a review of the available records reveals an impropriety or inequity, relief is in order. Regulations permit relief on equitable grounds if the Applicant’s discharge is inconsistent with standards of discipline of the Naval service. There is credible evidence in the record that the Applicant used illegal drugs. The Applicant was awarded nonjudicial punishment for a violation of the UMCJ Article 112a for wrongful drug use. 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. The Applicant was properly notified, processed and discharged under other than honorable conditions. Based upon available records, nothing indicates that the Applicant’s discharge was in any way inconsistent with the standards of discipline in the United States Navy. Relief denied.

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 could be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities. The Board received and considered all of the Applicant’s submissions, including his certificate of completion of drug and alcohol rehabilitation, his outstanding character references and his criminal records check. However, as of this time, the Applicant’s post-service conduct has been insufficient to mitigate his misconduct while in the Naval service. Relief denied.

 The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide any additional documentation to support any claims of post-service accomplishments or any other evidence related to his discharge 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 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 II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

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

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

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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