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NAVY | DRB | 2005_Navy | ND0500983
Original file (ND0500983.rtf) Auto-classification: Denied


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

ex-YN3, USNR
Docket No. ND05-00983

Applicant’s Request
The application for discharge review was received on 20050520. The Applicant requests the Discharge 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 designate a representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20060224. 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 and reason for discharge shall not change. The discharge shall remain General (Under 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:

“My discharge was unfair because my Commanding Officer promised me to stay in until my EOS. I understood that drugs is zero tolerance, but my command had me under the impression that I could finish my enlistment so I could receive a honorable discharge. I was an outstanding sailor. My evaluations in my records can prove that. I went through the military drug rehab program after I popped positive and stayed in an additional 5 months after the program under the impression that I would stay in the service until my EOS.”

 Applicant’s Remarks (Taken from the DD Form 293): “Please upgrade my discharge so I can receive benefits to go to college.”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Aftercare/Continuing Care Plan, dated October 14, 2003 (2 pgs)
Evaluation Record & Counseling Report (5 pgs)
Character Reference ltr from R_ S. K_, SKCS(SW), USNR, undated
Character Reference ltr from H. A. L_, SK1(AW), USNR, undated
Commanding Officer’s Authorization for Administrative Separation dtd March 9, 2003 (2 pgs)
Administrative Separation Processing Notice Notification Procedure dtd January 25, 2004 (2 pgs)
TAP Application
Pre-separation Counseling Checklist (2 pgs)
Navy Drug Laboratory Report dtd July 24, 2003
Drug Testing Specimen Custody Documents (3 pgs)
Urinalysis Observer Briefing Sheet dtd July 16, 2003

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: 20000422             Date of Discharge: 20040315

 Length of Service (years, months, days):

         Active: 03 06 24
         Inactive: 00 04 02

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

 Age at Entry: 17 (Parental Consent)

 Years Contracted: 8

Education Level: 12                                 AFQT: 36

 Highest Rate: YN3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.75 (5)             Behavior: 2.75 (5)                OTA: 3 .45

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal.


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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: MILPERSMAN, Article 1910-146, formerly 3630620.
Chronological Listing of Significant Service Events :

000822:  Commenced active duty for a period of 4 years.
030115:  Retention Warning: Advised of deficiency (Failure to meet physical readiness test standards.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
030724:  NAVDRUGLAB, Great Lakes, IL, reported Applicant’s urine sample, received 030716, tested positive for THC.

030822:  SARP Screening Summary: Applicant was screened at the Substance Abuse Rehabilitation Program (SARP), Naval Hospital, Great Lakes, IL on 030822. Initial assessment results: Cannabis dependence, one of seven criteria met for alcohol dependence. Recommendations: Intensive outpatient treatment.

030916:  Chronological Record of Medical Care: Patient seen in session for diagnosis confirmation, psychological screening and initial orientation. Diagnosis: Cannabis dependence, Meets 2 of 7 for alcohol dependence. Plan: Level II, monitor emotional status.

030922:  Counselor Biopsychosocial Assessment: Substance History: Applicant stated that from Mar 2003 – April 2003 she would smoke 2 joints Monday-Thursday, 3 joints on Friday, and smoke 2 joints per day on Saturday and Sunday. Applicant reports her last time smoking THC was 030830. Prognosis: The Applicant’s prognosis for successful treatment is good. The Applicant appears appropriate for intensive outpatient treatment at this time. This summary was derived from review of the Applicant’s records and patient contact.

031016:  Discharge Treatment: Summary of Care Note: Applicant has achieved the goals articulated in her Individualized Treatment Plan. Applicant is transitioning to continuing care on 031016.
040205:  Applicant notified of intended recommendation for discharge by reason of misconduct due to drug abuse [extracted from Applicant’s supporting documents].

040205:  Applicant advised of rights and having elected not to consult with counsel, failed to elect any rights [extracted from Applicant’s supporting documents].
030309:  Commanding Officer, Naval Reserve Center Chicago, authorized Applicant’s discharge with a general (under honorable conditions) by reason of misconduct due to drug abuse. Commanding Officer’s comments: “As evidenced by Command Directed Urinalysis, enclosure (6), YN3 H_’s (Applicant) performance is unsatisfactory and she is considered unqualified for further Naval service. I authorize separation from the Naval service. Reentry Code: Not Eligible (RE-4).” [Extracted from Applicant’s supporting documents].

040315:  DD Form 214: Applicant discharged with a general (under honorable conditions) by reason of misconduct due to drug abuse, per MILPERSMAN 1910-146.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20040315 by reason of misconduct due to drug abuse (A) with a service characterization of general (under 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).

There is credible evidence in the record that the Applicant used illegal drugs. The Applicant tested positive for THC use on a command directed urinalysis on 20030724 and subsequently admitted to regular marijuana usage while on active duty. Regulations permit relief on equitable grounds if the Applicant’s discharge is inconsistent with standards of discipline of the Naval service. 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 with a general (under honorable conditions) by reason of misconduct due to drug abuse. 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.

 The Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the 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 remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. Representation at a personal appearance hearing is recommended but not required.

 Pertinent Regulation/Law (at time of discharge)

 A . The Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 Aug 2002 until 28 April 2005, Article 1910-146 (formerly 3630620), Separation by Reason of Misconduct - 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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