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


FOR OFFICIAL USE ONLY


ex-HT3, USN
Docket No. ND06-00081

Applicant’s Request

The application for discharge review was received on 20051020. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. The Applicant requested a documentary record discharge review. The Applicant was advised that he was approaching the 15-year point and that the Board recommended the Applicant request a personal appearance hearing. The Applicant did not subsequently request a personal appearance hearing. The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060726. 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.

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PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

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

“Doc. I. I feel my Discharge was inequitable because I served 88% percent of my enlistment being the most qualified sailor in the 56 pipe shop. I achieved many accomplishments was the only cleanliness inspector controlled material Petty Officer and Qualified Nuclear Brazier in the shop. My documents list my certifications. I served my country with my first honorable discharge this was my second enlistment, I was recommended for Advancement to HT1.

Doc. 2. I was on leave when at Home I had major problem with wife, I found Her cheating asked my Division to extend my leave. I end up being unauthorized absence for an extra 6 days. I ended up getting drunk on Bad decision and under the influence of alcohol I snorted a line of cocaine. When I reported back to my ship I was given a Urine test. This test came back positive; I had made a very big mistake. I didn’t use drugs while I was working or on the ship. I was on leave and going through hard personal trauma. This is no excuse to use drugs or does not justify this isolated incident. I am just asking you to take this into consideration since it happened only once. I had tested negative every time before – please attached doc.”

“To My Superiors in the line of Duty;

I ask you whole heartedly to upgrade my discharge due to the facts presented before you. My undesirable discharge was inequitable based on the documents before you that will show I served my country to the best of my ability and my discharge was based on one incident, a mistake that I have regretted for the last 13 years. I served my country, with an honorable discharge and served for another 42 months out of 48 months, which is about 88% percent of my second enlistment on active duty. I was one of the most qualified Petty officers in my shop which was 56A of the R-1 Division of the Uss Frank Cable AS-40 [ sic ]. I worked on Class 688 fast attack Submarines and on Trident submarines which are the 24 hour 7 days a week our best defense and security against attack of other country’s nuclear arsenals. There was not one time that we stopped working to get a repair done on these submarines so they could meet their deployment schedule in the defense of the United States during peace time or during the time I served in the Gulf War theatre. I was the only nuclear qualified Pipe fitter and brazier in my shop. I also was the only qualified cleanliness inspector for nuclear components and Reactors. I was in charge of the completing of many Quality assurance packages in which I worked in the Nuclear Reactor compartments and exposed myself to the risk of radiation including contamination and over exposure due to the completion of the work in the reactor compartments. I also was specially qualified in the Hydro blasting field and led numerous teams in the overhaul of main condensers so the submarines could get underway. I felt proud to serve my country.
I was getting ready to re- enlist in the Navy for another 6 years in the Non Destructive Testing field and Metallurgy. I was recommended for advancement to HT E-1. I also was having problems with my home life. My wife and I weren’t getting along. I went on leave to N.J and found out she was cheating. The military life was hard on our spouses due to deployment and work schedules especially being on shift work for three months at a time. When I found my wife cheating I asked the division for extension of leave. They denied it and when I came back I was on unauthorized absence for 6 days. I was given a urine test at that time. When I went to CO mass my division stood behind me because they new the stress I was under and I would always come through for them because of my qualifications. They did not know my urine was going to turn up dirty for cocaine. I was always under the scrutiny of urines due to the fact of the PRP program because I worked on Nuclear reactors and had never had dirty urine in my entire enlistment. I had gotten drunk on leave when my wife left me and cheated and I tried a line of cocaine for the first time. When I reported back off unauthorized absence I was asked to take urine that’s the only incident where I used a drug in the Navy. I wasn’t at my Duty station on work or watch and I ask that you take all this in consideration. You will find all my accomplishments, Evals and parts of my service record which verify my accomplishments I loved serving my country and wish I had never made that mistake. I think I have accepted my accountability in this. I also think that I served my country honorably and would due so if I were called to duty again. Thank you for your time and consideration.

J_ E. C_ JR (Applicant)”

Documentation

In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:

Applicant’s DD Form 214
Twenty-eight pages from Applicant’s service record

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PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

         Inactive: USNR   19820722 - 19830627      HON
         Active: USNR     19830628 - 19860514      HON
         Inactive:        USNR (DEP)       19880722 - 19880815      COG

Period of Service Under Review :

Date of Enlistment: 19880816             Date of Discharge: 19911226

Length of Service (years, months, days):

         Active: 03 04 02 (excludes lost time)
         Inactive: None

Time Lost During This Period (days):

         Unauthorized absence: 9 days
         Confinement:              None

Age at Entry: 23

Years Contracted: 4

Education Level: 12                                 AFQT: 63

Highest Rate: HT2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance: 3.7 (5)                       Behavior: 3.2 (5)                 OTA: 3.68

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214) : National Defense Service Medal, Humanitarian Service Medal, Navy “E” Ribbon (Second), Meritorious Unit Commendation, Expert Pistol Medal, Expert Rifle Medal

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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 :

880816:  Reenlisted this date for a term of 4 years.

910207:  Applicant advised that he did not meet physical readiness standards of OPNAVINST 6110.1D because he was measured as obese. Applicant further advised that he does not have a medical condition that would preclude him from meeting standards and of administrative actions applicable as a result of a continuation not to meet standards.

910522:  Retention Warning: Advised of deficiency (An established pattern of dishonorable failure to pay just debts, support dependents, redeem dishonored checks and writing bad checks/failing to properly maintain sufficient funds in checking account), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

911028:  Applicant to unauthorized absence at 0715 on 911028.

911106:  Applicant from unauthorized absence at 1603 on 911106.

911119:  NJP for violation of UCMJ, Article 86: Unauthorized absence for 9 days.
         Award: Forfeiture of $500 per month for 2 months, restriction for 6 days, and reduction to E-4. Reduction and forfeiture suspended for six months. No indication of appeal in the record.

911119:  Retention Warning: Advised of deficiency (unauthorized absence and falsifying official documents (violations of Articles 86 and 107 of the UCMJ)), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

911127:  Medical evaluation by J_ A. N_ LT, MC: Reason for referral and source: Positive urinalysis Nov 91 for cocaine. Assessment: Nondependent drug abuser. Recommendation: Member being administratively separated – no follow up recommended. Not dependent on drugs or ETOH. Other: Member does have a gambling history.

911127:  NJP for violation of UCMJ, Article 112a: Wrongful use of cocaine.
         Award: Forfeiture of $400 per month for 2 months, restriction and extra duty for 45 days, reduction to E-4. Forfeiture suspended for six months. No indication of appeal in the record.

911202:  Applicant notified of intended recommendation for discharge with the characterization of service as under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by Commanding Officer’s nonjudicial punishment of 27 November 1991.

911202:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.

911209:  Commanding Officer, USS FRANK CABLE, recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by CO’s NJP of 27 November 1991. Commanding Officer’s comments: “HT3 C_(Applicant) was given a urinalysis following his return from unauthorized absence, that urinalysis resulted in positive use of cocaine. Drug abuse is not conducive to the safe, efficient operation of this ship. His misconduct demonstrates his unsuitability for naval service. I most strongly recommend expeditious discharge under other than honorable conditions.”

911216:  BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

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PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19911226 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 the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

The Applicant contends that his discharge is inequitable because he served his country to the best of ability and that his discharge was based on “one incident.” 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. An under other than honorable conditions discharge is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record. The Applicant’s service was marred by two retention warnings for failure to pay just debts, failure to support dependents, failure to redeem dishonored checks, writing bad checks, falsifying official documents and a period of unauthorized absence. Falsifying official documents, a violation of Article 107 of the UCMJ, is considered the commission of a serious offense. The Applicant was awarded nonjudicial punishment on two occasions for his violations of Articles 86 and 112a of the UCMJ. The Applicant’s violation of Article 112a, wrongful use of a controlled substance, is also a serious offense. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

The Applicant contends that his discharge is inequitable because he served “about 88%” of his enlistment well. 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. There is credible evidence that the Applicant wrongfully used controlled substances. 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. 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 is inequitable because, while going through significant personal problems, he was intoxicated when he used cocaine. While he may feel that his marital stress was the underlying cause of his misconduct, 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 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. 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 violation of the UCMJ, Article 107, false official statement or Article 112a, wrongful use of a controlled substance.

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