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NAVY | DRB | 2005_Navy | ND0501242
Original file (ND0501242.rtf) Auto-classification: Denied


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

ex-TMSN, USN
Docket No. ND05-01242

Applicant’s Request
The application for discharge review was received on 20050725. The Applicant requested that a documentary discharge review board change his characterization of service, received at the time of discharge to honorable. No representative was designated on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060224. After a thorough review of all available 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 characterization 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



 Applicant’s issues, as stated on the attached document:

“I was discharged on June 30, 1992 for using cocaine. I informed my chain of command that I was using cocaine and that I wanted to be discharged. I was given a urinalysis and I tested positive. I would like to explain why I resorted to such drastic measures.

I am diagnosed as suffering from post traumatic stress disorder. I am receiving treatment for this condition through the VA Medical Center in Battle Creek, MI. I am rated by the VA as 50% disabled due to Post Traumatic Stress Disorder. My stressors occurred while stationed on the USS Bonefish. In April of 1988, the submarine had a salt water leak. This in turn caused a fire under the galley. This fire caused the death of three sailors. I had the head sets on and relaying messages to my senior officer in charge of the torpedo room.

I heard people screaming for help and yelling that the fire was out of control. And then there was a minute later there was no communication. The whole ship was filling up with smoke. I had to plug into the air breather apparatus. I could not see my hand in front of my face.

It was my responsibility to open up the hatch and it was solid water coming in. I did this three time before I seen the sun coming through the water. People on the ladder were hollering and screaming. I finally got the hatch opened and we escaped topside.

I starting having nightmares about not being able to breath due to smoke and of people
screaming and hollering. I still have these nightmares to this day, sometimes 3 or 4 days in a row and other times it will go 2 or 3 weeks before I have them.

I went back down into the Bonefish after the ship was towed back to Charleston. I had to show inspectors the way to navigate the portion of the ship that I was familar with. It was all burned, water was knee high in many places. There was no lights except for battle laterns that we carried.

After I was transferred to the USS Trepang I didn’t know what was wrong with me. I thought I was going nuts. I had to get off the ship and using drugs was the easiest way that I knew to do this. I also started drinking more and I had many disputes with my wife.

It was after I got out that I found out that I had symptoms of PTSD. Upon discharge I went through periods of alcohol abuse. I was advised to check in to a alcohol program in order to keep my job with Dart Container Corp. I check in for a couple of weeks. I knew I had a problem but didn’t know how to deal with it. After the program I ended up losing my job because I was unable to perform my job functions. I have had over 70 jobs since June of 1988.

A friend of mine suggested that I check and see if I could get some help with the VA. I check into the program at the Battle Creek VA Medical Center and I ended up volunteering for the 28 days program. I was referred to the PTSD clinic because I was exhibiting signs of symptoms of PTSD. I began seeing a psychologist who specialized in PTSD treatment.

I have been seeing psychologists on a regular basis today. It was my intention to make a career out of the US Navy. I had just re-enlisted 5 years. After the fire I re-enlisted to sea school in Orlando, FL. Just prior to my discharge I was given a final performance average of 3.98 out a a possible 4.
In January of 1992 I was highly recommended for advancement.

From May of 1988 to March of 1992 I never boarded a submarine. When I was transferred to the USS Trepang (submarine) the nightmares, sweats, restlessness and anxiety was instantenous. I had to figure out a way to get off the ship. I didn’t know why I wanted off but I knew I had to get off. My choice, a poor one at that, was to use cocaine, inform my superiors that I was using drugs and then get discharged.

I am not proud of my choices that I made to initiate my discharge. I am requesting the board to take into consideration that I was suffering from Post Traumatic Stress Disorder during my time on the USS Trepang and upgrade my discharge to honorable. ”


Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214, issued 92 Jun 30
Applicant’s DD Form 214, issued 88 Jun 24
Enlisted Performance Record
Enlisted Performance Evaluation Report for the period of April 01, 1991 - January 30, 1992 (back page)
VA Rating Decision dated March 24, 2004 (3 pgs)
Administrative Remarks, statement of prior service, dated January 08, 1992
Enlisted Performance Evaluation Report dated January 30, 1992 (front page)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USAR (DEP)     19801205 – 19810403               COG
        Inactive: USNR (DEP)     19811028 – 19811102               COG
 Inactive: USNR (DEP)     19830416 – 19830823               COG
          Active: USN                        19830824 – 19880624               HON
         Active: USN                        19880625 – 19920107               HON
        
Period of Service Under Review :
Date of Enlistment: 19920108             Date of Discharge: 19920630

 Length of Service (years, months, days):

         Active: 00 05 22 (Total Active Service: 08 10 06, does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 7 days
         Confinement:              none

 Age at Entry: 29

 Years Contracted: 5

Education Level: 12                                 AFQT: 54

 Highest Rate: TM2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: N/A*                 Behavior: N/A*            OTA: N/A*

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214) : Enlisted Submarine Qualified Breast Insignia (Silver Dolphins), Navy Battle Efficiency “E” Ribbon, Good Conduct Medal, Humanitarian Service Medal, National Defense Service Medal

* N/A – none available


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 :

920108:  Reenlisted this date for a term of 5 years.
920413:  Applicant to unauthorized absence at 0715 on 920413.

 920420:  Applicant from unauthorized absence at 1820 on 920420 (7 days/surrendered).
920429:  NAVDRUGLAB, JACKSONVILLE, FL reported Applicant’s urine sample, received 920423, tested positive for cocaine.

 920430:  NJP for violations of UCMJ, Article 86 (unauthorized absence), Article 87 (missing movement), and Article 112a (wrongful use of controlled substance).
         Award: Oral reprimand, restriction for 60 days (restriction suspended for 6 months), forfeiture of $775.60 per month for 2 months, reduction to E-4. No indication of appeal in the record.

920430:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

920501:  Applicant advised of rights, elected not to consult with counsel and to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
920518:  Commanding Officer, USS TREPANG (SSN 674) recommended to Bureau of Naval Personnel the discharge of TM3 B_ (Applicant) under other than honorable conditions by reason of misconduct due to drug abuse. Commanding Officer’s comments: “Petty Officer B_’s (Applicant) performance since reporting onboard had been marginal at best. Petty Officer B_ (Applicant) was an unauthorized absentee from 13 April until 20 April 1992. Upon return to military jurisdiction he was administered a urinalysis to which he consented. This urine sample tested positive for cocaine. The member did not desire to make a statement. Petty Officer B_’s (Applicant) blatant disregard for the Navy’s zero tolerance drug abuse policy is prejudicial to good order and discipline. Petty Officer B_ (Applicant) was determined to not be drug dependent by a Medical Officer (enclosure (4)). This drug abusing, non performer has no potential for further naval service. He must be discharged under Other Than Honorable conditions at once.”

920615:  BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct drug abuse (use).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19920630 by reason of misconduct due to drug abuse (A and B) with a service characterization of under other than honorable conditions. After a thorough review of all available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. Applicable regulations require that a Sailor’s characterization of service be based upon the member’s total performance of duty and conduct during the current enlistment. There are circumstances where a single adverse incident may form the basis for the characterization of a Sailor’s overall service. The Applicant’s service record documents his nonjudicial punishment (NJP) for violations of the UCMJ, Article 86 (unauthorized absence), Article 87 (missing movement), and Article 112a (wrongful use of a controlled substance). Applicable regulations dictate processing for separation is mandatory for sailors who abuse illegal drugs, the misconduct for which that Applicant was discharged. The evidence of record and the Applicant’s admission of drug use, clearly document the Applicant’s blatant disregard for naval regulations. The record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Separations under these conditions generally result in an under other than honorable conditions characterization of service. The Board could discern no impropriety or inequity. Relief denied.

The Applicant contends that his undiagnosed Post Traumatic Stress Disorder (PTSD) is the underlying cause of his misconduct. When reviewing a discharge, the NDRB does consider the extent to which a medical problem might affect an Applicant’s performance and ability to conform to the military’s standards of conduct and discipline. In this specific case the NDRB does not consider the Applicant’s stated condition, the alleged lack of medical treatment, diagnosis or misdiagnosis to be of sufficient nature to exculpate his misconduct. In fact, the NDRB sees no connection between the Applicant’s misconduct and his medical condition. The post service diagnosis of PTSD does not justify the drug use for which he was discharged. 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 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. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for each violation of the UCMJ, Articles 87 and 112a.
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 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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