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NAVY | DRB | 2006_Navy | ND0600597
Original file (ND0600597.rtf) Auto-classification: Denied


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

ex-SH3, USN
Docket No. ND06-00597

Applicant ’s Request
The application for discharge review was received on 20060330 . 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 20070110 . 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 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:
“ Changed requested based on an isolated incident. If you review my personnel file you will see what a stellar sailor I was my record reflects that it should be Honorable.
Thank you for your time & consideration.
J _ ( Applicant ) ”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant , was considered:
Applicant ’s DD Form 214 (Member 1)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19920610 - 19920617       COG
         Active: USN      19920618 - 19960228       HON
                   USN      19960301 - 19970828      HON
                  USN      19970829 - 20010125      HON
Period of Service Under Review :
Date of Enlistment: 20010126              Date of Discharge: 20021127

Length of Service (years, months, days):

          Active: 01 10 02
         Inactive: None

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

Age at Entry: 30

Years Contracted: 3

Education Level: 12                                 AFQT: 47

Highest Rate: SH3

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.3 ( 3 )               Behavior: 2.7 ( 3 )                 OTA: 3.76

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Armed Forces Expeditionary Medal, Sea Service Deployment Ribbon (2 nd Award), Navy Battle “E” Ribbon, Meritorious Unit Commendation (2 nd Award), Pistol Expert Marksmanship Medal, Good Conduct Medal (3 rd period ending 02JAN01), N ational Defense Service Medal (2 nd Award ) , Southwest Asia Service Medal (2 nd Award)

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 :

010126 :  Reenlisted this date for a term of 3 years.
020822:  Medical Entry: Internal Medicine, Naval Medical Clinic San Diego, S. C. R_, MC, USNR, IM Resident: 32 y.o. wmale admitted (illegible) go for MSD while driving. Hx not c/w St although not witnessed. NOS during eval. Positive for amphetamine; admitted use on 020813. Now reports feeling well, (illegible), nw eval unremarkable in hosp (illegible).
         Assessment: 32 y.o. wmale s/p admitted about week ago for 15 minute episode of decreased level of consciousness; eval NL x for amphet. By NOS at that time. No evidence of seizure disorder or other neurologic disease at this time .
020822 :  NAVDRUGLAB, San Diego, CA , reported Applicant ’s urine sample, received 020822 , tested negative . Handwritten on page by HM1 (name illegible), USN, Command DAPA, Naval Medical Center San Diego : Results of command urinalysis upon admission of substance use to DAPA.

020926:  Substance Abuse Rehabilitation Department , Naval Medical Center San Diego, Substance Abuse Screening, N_ R. F_, LCSW, Licensed Independent Practi ti oner :
         Applicant self refer red to DAPA after trying methamphetamine for the first time and have a blackout (not ARI) after 2 days and having a car accident 020815.
         History of Substance abuse: Beer at 19 first drink , 1 or 2. Service member states since age 19 he only drinks about 2 beers a month up to present. Denies any prior drug use before service. On the 020813 he tried crystal methamphetamine for the first time. 1 line - says he snorted it.
          Service member used the drug, knowing his medical condition.
          Diagnoses:
         AXIS I: Nicotine dependence.
         AXIS II: N/A.
          AXIS III: Has chronic infectious disease.
         Recommendations: Substance abuse treatment is indicated.
         IMPACT treatment recommended.
021107 :  Applicant notified of intended recommendation for discharge by reason of misconduct due to drug abuse with the least favorable characterization of service as under other than honorable conditions .

021107 :  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except th e right to obtain copies of the documents used to support the basis for the separation.
021119:  Applicant found medically qualified for separation.

 021206 :  Commanding Officer, Naval Medical Center, San Diego, CA, directed discharge by reason of misconduct due to drug abuse with a characterization of service as general (under honorable conditions) . Commanding Officer’s comments: “ After careful review of enclosures (1) through (5), it is clear that SK3 O_ ( Applicant ) is unsuitable for further military service due to his admission of drug use. His chain of command’s heartfelt endorsement and his outstanding professional demeanor warrant a General (Under Honorable Conditions) discharge. ”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20021127 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. Applicant’s discharge was factually based on his own admission of use, a violation of Article 112a of the UCMJ. The Applicant does not now deny that use ; rather, he states his discharge was based on “an isolated incident.” 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 NDRB advises the Applicant that v iolations of Article 112a are considered serious offenses and a punitive discharge is authorized if adjudged at a special or general court-martial. 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 Applic ant received a characterization of service of general (under honorable conditions) specifically because of his overall performance and demeanor . Regulations limit the Board’s review to a determination of the propriety and equity of the discharge. In the Applicant’s case, the Board could discern neither impropriety nor any inequity. Therefore, the Board considered his discharge proper and equitable. Relief denied.

The following is provided for the edification of the Applicant. Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. 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 to consider mitigating the misconduct that resulted in the characterization of discharge. 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 additional evidence related to this 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 Present, 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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction . You should read Enclosure (5) of the Instruction 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 Instruction 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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