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NAVY | DRB | 2006_Navy | ND0600662
Original file (ND0600662.rtf) Auto-classification: Denied


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

ex-SKSA, USN
Docket No. ND06-00662

Applicant’s Request
The application for discharge review was received on 20060419 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions) . 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 Under Other Than Honorable Conditions by reason of misconduct due to drug abuse.
The NDRB did note administrative error ( s ) on the original DD Form 214. Block 29 , Dates of Time Lost During This Period , should read: “04 OCT 12 – 04 DEC 28 (77 days) .” The Commander, Navy Personnel Command, Millington, TN, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s Remarks: Taken from an attached letter to the Board.

Applicant claims she tested positive for drugs due to medication given to her after an automobile accident. She claims she was cleared of the drug charges after the medical records were presented.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 4)
Applicant’s Statement

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20030926 - 20031026       COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 20031027              Date of Discharge: 20050204

Length of Service (years, months, days):

          Active: 0 1 0 3 0 8
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 77 days
          Confinement:              None

Age at Entry: 1 9

Years Contracted: 4

Education Level: 12                                 AFQT: 69

Highest Rate: SKSN

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 1 . 5 ( 2 )     Behavior: 1 . 5 ( 2 )                 OTA: 1 . 85

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):

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

041012:  Applicant to unauthorized absence on 041012.

041228:  Applicant from unauthorized absence on 041228 (77 days/surrendered).

050112:  NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 050105, tested positive for amphetamine.
050118:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
          Specification: In that SKSN S_ A_ (Applicant), U. S. Navy, on active duty, did, on or about, 12 October 2004, without authority, absent herself from her unit, to wit: USS DWIGHT D. EISENHOWER, located at Newport News, Virginia, and did remain so absent until on or about, 041228. ( 77 days ) .
          Violation of UCMJ, Article 112a: Wrongful use of amphetamine s .
         Award: Forfeiture of $717.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.
050120:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service under other than honorable conditions by reason of misconduct due to drug abuse, as evidenced by NAVDRUGLAB Jacksonville, FL 122314Z JAN 05, for wrongful use of amphetamine and misconduct due to commission of a serious offense as evidenced by Commander Officer’s NJP of 050118, for Article 86 UA (041012 – 041228), 77 days.
050120:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation .
050121 :  Psychological evaluation by Behavioral Care Services, USS DWIGHT D. EISENHOWER (CVN 69): This 20 year old, single women, SKSN/USN/AD was referred by Chief B_, SARP, for the purpose of a licensed Independent Practitioner evaluation.
         The patient reported recently returning to the ship from being UA (77 days) during which time she visited friends in California and Missouri. She is currently on restriction to the ship. She admitted to using marijuana and amphetamines (positive urinalysis for amphetamine s ) while in a UA status. She stated that since boot camp she has used amphetamines several times per week and that over the past seven months she has been consuming alcohol on a daily basis (about a fifth per day).
         Diagnostic Impressions (DSM-IV)
          AXIS I:   Alcohol Dependenc e, With Physiological Dependence
                           Amphetamine Dependence
                           Cocaine Dependence (in partial remission)
                           Nicotine Dependence
                           Dysthymic Disorder
                           R/O Anxiety disorder
          AXIS II:          Deferred
         AXIS III:        Knee, back, and neck pain (as per patient report)
          Recommendation:
          1. Level III Residential Treatment. The patient was moderately motivated for such treatment .
         2. While awaiting residential treatment the patient should abstain from alcohol and illicit drug use, attend AA and/or NA meetings five to seven times per week, and participate in weekly continuing care group.
         3. Patient advised to seek immediate medical attention if she begins to experience withdrawal symptoms.
         4. Patient also advised to seek medical attention regarding her physical complaints.
         5. Smoking Cessation Classes are available via the ship’s Medical Department (LT H_) or the Psychiatry Department, Naval Medical Center Portsmouth (953-5269).
         6. Follow up with LCDR C_, Ship’s Psychologist, in one week.
         7. The patient was educated regarding her condition. The above was discussed with the patient who understood and concurred.
         8. Above discussed with C_ B_, SARP Substance Abuse Counselor.
         9. POC is LCDR G_ C_, Psy. D.

050126 :  Commanding Officer, recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse and misconduct due to commission of a serious offense. Commanding Officer’s comments: “ I have determined that SKSA A_ (Applicant) has no potential for further Naval service. Therefore, I recommend that SKSA A_ be administratively separated with an Other Than Honorable (OTH) characterization of service. ”

050131:  Applicant was found physically qualified for separation from active duty.
050201 :  COMNAVAIRLANT Norfolk, VA , directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20050204 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 claims she was cleared of the drug charges after the medical records were presented. 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 one nonjudicial punishment proceeding for violations of Articles 86 (Absence without leave more than 30 days) and 112a (Wrongful use, possession, etc. of controlled substances) of the UCMJ. The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her willful failure to meet the requirements of her contract with the U.S. Navy and falls far short of that required for an upgrade of her characterization of service. Relief is not warranted.

Because there is credible evidence in the record that the Applicant used illegal drugs, mandatory processing for separation is required for Sailors who abuse illegal drugs. The Board found no indication in the record that the Applicant was inequitably or improperly administratively separated. The Applicant’s claim that she was cleared of the drug charges was not substantiated. The evidence of record does not demonstrate that the Applicant was not responsible for her conduct or that she should not be held accountable for her 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. 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 28 April 2005, Article 1910-146 (formerly 3630620), 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 s 86 (Absence without leave more than 30 days) and 112a (Wrongful use, possession, etc. of controlled substances).

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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