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NAVY | DRB | 2006_Navy | ND0600439
Original file (ND0600439.rtf) Auto-classification: Denied


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

ex-HA, USN
Docket No. ND06-00439

Applicant’s Request
The application for discharge review was received on 20060201 . 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 2006092 6 . 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:
“ My discharge was inequitable because it was based on one incident after 46 months of service, including two tours in the Middle East, during which I received numerous medals and citations (see DD214). I checked myself into the hospital for substance abuse, after which I was diagnosed with Post Traumatic Stress Disorder. I tested positive for THC. I completed the Alcohol Abuse Treatment Program which should have reinstated me to my post. I ha ve paid for my indiscretion; an other than honorable is much too severe a punishment. ”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from the Applicant, dtd May 16, 2006
 Two hundred and nineteen pages from Applicant’s service record and medical records (including duplicate pages)
Certificate of Attendance of Preventive Medicine Petty Officer Course, course dates October 21, 2002 through October 25, 2002
 Certificate of Completion IO P Treatment given at the Substance Abuse Rehabilitation Program, dtd March 23, 2005 (4 )
Congressional F ax Transmission sheet , dtd March 19, 2002
Letter from J_ L. R_, Ed.D., President, Madisonville Community College, dtd November 8, 2005 ( 3 )
Letter of recommendation from Reverend C_ R. A_, Christ Lutheran Church, dtd December 1, 2005 ( 3 )
Character Reference ltr from D_ C_, Applicant’s mother, dtd November 3 , 2005 , 2 pages ( 3 )
Reprint of article from The Messenger , undated ( 4 )
 Applicant’s DD Form 214 (Member 1 ) (3 )
Copy of MILPERSMAN 1910-146, 5 pages
Copy of MILPERSMAN 1050-390, 4 pages
 Character Reference from D_ C_ and M_ C_, Applicant’s parents, dtd August 26, 2006, 3 pages

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20010127 - 20010717       COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 20010718              Date of Discharge: 20050714

Length of Service (years, months, days):

          Active: 0 3 11 27
         Inactive: None

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

Age at Entry: 18
Years Contracted: 4 ( 21 -month extension)

Education Level: 12                                 AFQT: 55

Highest Rate: HN

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3 . 3 (3 )               Behavior: 2.3 ( 3 )                          OTA: 3.09

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal, Presidential Unit Citation, Navy Unit Commendation, (2) Navy Sea Service Deployment Ribbon , Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Navy Good Conduct Medal, Navy 9MM Pistol Marksmanship Ribbon, Navy M16 Rifle Marksmanship Ribbon, Combat Action Ribbon


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

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

Undated:         USMEPCOM Form 601-23-4-R-E, Introductory Pre - accession Interview . Applicant indicated that he informed his Service counselor everything about any problems he had with law enforcement agencies . [Document provided by Applicant.]

010127:  DD Form 86 ( Security Clearance Application ) : Applicant denies consultation i n the last 7 years with mental health professional s (psychiatrist, psychologist, counselor, etc) or any health care provider about a mental health related condition s. Applicant denies having ever been charged with or convicted of any offense(s) related to alcohol or drugs.

010127:  Standard Form 93: Applicant denies being treated for a mental condition . Applicant denies being treated by clinic, physicians, healers, or other practitioners within the past 5 years for other than minor illnesses , use of marijuana and drug and alcohol abuse.

050110:  Retention Warning: Advised of deficiency (Medical condition adversely impacts the safe, reliable, and proficient performance of duties.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
050304:  NAVDRUGLAB, Jacksonville, FL , reported Applicant’s urine sample, received 050228 , tested positive for THC . [ Document provided by Applicant .]

050307 :  Medical evaluation by M_ C_ PRD:
          Saw this 22 year old white HN – USN with 4 years CAD at the request of 15:10 his IDC at Med Btn. Pt admits to chronic depression and treatment at age 15 with Paxil x’s 8 months. Also ADD with Ritalin from age 7-14. Stopped both because he felt better. Started alc and pot in adolescence. Couple arrests before enlistment for pot possession, dui for pot and assault. Recruiter was aware of all of the above and got a waiver. Joined Navy…deployed to Iraq in February ’03 with a shock trauma unit. Saw considerable action, death, injury. On his return in August ’03 depression worsened. SI’s s/noted and he began to abuse e toh. Things improved with a girlfriend but he redeployed to Kuwait. Returned Aug ’04 – drinking persisted 3x’s/week in the amount of a 12 pk or a pint of rum. Couldn’t sleep. Reported nightmares, startle response. No flashbacks or dissociate episodes. Mostly, he has made every effort to avoid thoughts or images of combat. Yet, depression and SI’s have continued. Found out girlfriend had abortion without his knowledge/consent. Distressed and confused he started more serious SI contemplation. Recently used pot and popped positive. Had extended – had orders to Italy – was to leave i n next week. Now depressed he will be kicked out. Called his dad, advised him, Dad disowned him. Hospitalized for personal safety given his depression and new stressors.
                   I: A LC abuse R/O dep.
                  I: THC abuse.
                  I: Major dep. Single, Mod.
                  I: Dysthymic dis
                  I: ADHD by history.
                  I: R/O PTSD.
          Admit 4-A – lev el 4 SP’s. [ Document provided by Applicant .]

050310:  Naval Hospital, Camp Lejeune, North Carolina, Substance Abuse Rehabilitation Program: Applicant admitted for treatment. [Extracted from supporting documents provided by Applicant.]
050314:  NAVDRUGLAB, Jacksonville, FL , reported Applicant’s urine sample, received 050308 , tested positive for THC . [ Document provided by Applicant .]

050314:  Discharge Progress Note from J. R. C_, CDR, MC, USN: Admission 0 50307: Admission diagnosis: Alcohol dependence, marijuana abuse. Discharge Diagnosis: Unchanged. Discharge Instructions: Discharge to parent command. Fitness for duty: Patient attending SARP day program. Special instructions/restrictions: No access to weapons pending further disposition and completion SARP; abstain from drugs and alcohol. Follow up PCM upon discharge within 24 hours. Follow up NHCL Psychology: Dr. C_ upon completion or SARP 050405 at 1300 sooner if needed. [ Document provided by Applicant.]

05032 2 :  MedBn, 2 nd FSSG, NHCL, NC: Continuing Care Agreement/Treatment Plan: Diagnosis: Alcohol Dependence, Cannabis Abuse, Alcohol – induced Mood Disorder. [Document provided by Applicant.]
050323:  Discharge letter from Su bstance Abuse Rehabilitation Program , Naval Hospital, Camp Lejeune, North Carolina. Applicant discharged from treatment as successful completion with a good prognosis. Discharge diagnosis is: Alcohol D ependence, C annabis A buse, A lcohol – induced M ood D isorder. Recommendations: 1. Patient should abstain from any and all mood altering substances; transfer to unit level monitoring in accordance with MCO P1700.24B. 2. Bi-weekly visits with Command SACO. 3. Attend self-help recovery group meetings twice a month. 4. The patient should be held strictly accountable for their actions in accordance with MCO 1700.24b. 5. Continue to attend scheduled meetings at Mental Health, Naval Hospital Camp Lejeune. 6. Recommend Admin separation. 7. Recommend patient attend Continuing Care at SARP. [ Document provided by Applicant.]

050330 :  Charges preferred for violation of the Uniform Code of Military Justice (UCMJ) Article 112a : Specification 1: In that Hospitalman A_ M. C_, U.S. Navy, 2d Medical Battalion, 2d Force Service Support Group, Camp Lejeune, North Carolina, did, at an unknown location, between on or about 18 February 2005 and on or about 28 February 2005, wrongfully use marijuana. Specification 2: In that Hospitalman A_ M. C_, U.S. Navy, 2d Medical Battalion, 2d Force Service Support Group, Camp Lejeune, North Carolina, did at an unknown location, between on or about 26 February 200 5 and on or about 8 March 2005, wrongfully use marijuana. [ Document provided by Applicant.]

050419:  Applicant’s charges referred to Special Court-Martial. [Document provided by Applicant.]        

050519:  Charges preferred for violation of the Uniform Code of Military Justice (UCMJ) Article 112a : Specification 1: In that Hospitalman A_ M. C_, U.S. Navy, 2d Medical Battalion, 2d Force Service Support Group, Camp Lejeune, North Carolina, did, at an unknown location, between on or about 18 February 2005 and on or about 28 February 2005, wrongfully use marijuana. Specification 2: In that Hospitalman A_ M. C_, U.S. Navy, 2d Medical Battalion, 2d Force Service Support Group, Camp Lejeune, North Carolina, did at an unknown location, between on or about 26 February 200 5 and on or about 8 March 2005, wrongfully use marijuana. [ Document provided by Applicant.]

050526:  Summary Court-Martial.
                   Charge: violation of the UCMJ, Article 112a (2 specs):
         Specification 1 : In that Hospitalman A_ M. C_, U.S. Navy, 2d Medical Battalion, 2d Force Service Support Group, Camp Lejeune, North Carolina, did at an unknown location, between on or about 18 February 2005 and on or about 28 February 2005, wrongfully use marijuana. Plea : Guilty. Finding : Guilty.
         Specification 2: In that Hospitalman A_ M. C_, U.S. Navy, 2d Medical Battalion, 2d Force Service Support Group, Camp Lejeune, North Carolina, did at an unknown location, between on or about 26 February 200 5 and on or about 8 March 2005, wrongfully use marijuana. Plea : Guilty. Finding : Guilty.
         Sentence: Forfeiture of 2/3 months pay for one month, restriction for 30 days, reduced to E- 2 .
          CA action 050601 : Sentence approved and ordered executed. [ Document provided by Applicant.]

050601:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as other than honorable by reason of misconduct-drug abuse. [ Document provided by Applicant .]

050 601 :  Applicant advised of rights and having consulted with counsel, elected to obtain copies of the documents used to support the basis for the separation and to submit a statement for consideration by the Separation Authority . [ Document provided by Applicant. Statement not found in record.]

050609:  Commanding Officer, 2d Medical Battalion, 2d Force Service Support Group, U.S. Marine Corps Forces, Atlantic, Camp Lejeune, North Carolina, requested the removal of Hospital Corpsman Naval Enlisted Code and the 8404 Field Medical Technician NEC.

 050610 :  Commanding Officer, 2d Medical Battalion, 2d Force Service Support Group, U.S. Marine Corps Forces, Atlant ic , Camp Lejeune, North Carolina, recommended to Commanding General, 2d Force Service Group Applicant’s discharge under other than honorable conditions by reason of wrongful use of a controlled substance. Commanding Officer’s comments: “ Hospitalman Apprentice A_ M. C _(Applicant)’s violation of the Navy’s “Zero Tolerance” drug policy is a clear indication of willful disobedience and disregard for regulations. Retention of this Sailor would be detrimental to the morale, discipline and effectiveness of the organization. It is on this basis that I recommend an other than honorable conditions discharge. ” [Document provided by Applicant.]

050629:  SJA review determined the case sufficient in law and fact. [Document provided by Applicant.]

050630 :  Commander, 2d Force Service Support Group, U.S. Marine Corps Forces, Atlantic, Camp Lejeune, North Carolina , directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse. [Document provided by Applicant.]


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20050714 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 it was based on “one incident after 46 months of service.” 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 conviction at court-martial for two specifications of violation of Article 112a of the UCMJ, wrongful use of a controlled substance, thus substantiating the misconduct for which he was separated. 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. Relief denied.

The Applicant states that his discharge is inequitable because he “checked himself into the hospital for substance abuse.” The Board viewed the Applicant’s statement as an implication that his discharge was inequitable because the Applicant alleges he referred himself to treatment for substance abuse. Neither the evidence of record, nor the documentation provided by the Applicant, demonstrate that the Applicant referred himself to treatment for illegal substance abuse. The evidence of record shows that the Applicant pled guilty to two specifications of violating Article 112a of the UCMJ. Violations of Article 112a of the UCMJ are serious offenses, for which a punitive discharge is warranted if adjudged as part of the sentence upon conviction by a special or general court-martial. Relief is not warranted.

The Applicant implies that his discharge was inequitable because he alleges he was diag nosed with Post Traumatic Stress Disorder. While he may feel that his medical condition 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.

T he Applicant contends that his character of service is “too severe a punishment.” The Applicant’s issue is without merit. Administrative discharges are not considered punitive in nature. The Board could find no impropriety or inequity in the Applicant’s character of service or narrative reason for separation . 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 Board found the Applicant’s summary court-martial conviction for illegal substance abuse sufficient misconduct to warrant an under other than honorable conditions characterization. Further, m isconduct due to drug abuse most clearly describes the reason the Applicant was discharged. Relief denied.

The Applicant implies, through the submission of his supporting documents, that the Applicant’s discharge should be changed due to post-service conduct and the Applicant’s desire for veteran’s benefits. 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 sufficient post-service documentation for the Board to consider. Additionally, 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. Relief is not warranted.

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), Change 11, effective
29 April 2005 until Present, Article 1910-146, Separation by Reason of Misconduct - 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 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

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