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

   

 ex-MSSN, USN
Docket No. ND99-00564

Applicant’s Request

The application for discharge review, received 990316, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a documentary record discharge review.  The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000110.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain:  UNDER OTHER THAN HONORABLE CONDITIONS/ Misconduct – Drug abuse (Use), authority:  NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues(verbatim)

1. I'm writing to request that my discharge be upgraded to Honorable for the following reasons: During my ten years of service I was awarded the Navy Achievement Medal, Good Conduct Medal, Southwest Asian Medal, Liberation of Kuwait Medal and the National Defense Medal.  During the same period of service I was continually evaluated as a 4.0 Sailor.

I served in the Persian Gulf War during both Desert Shield and Desert Storm.  During this period of service, I was wounded in the neck and face by friendly fire while driving to a re-supply point.  Although I received treatment for those wounds, I was not awarded the Purple Heart.  Not long after the war ended, I started experiencing a tremendous amount of mental stress.  This mental stress led to my experimenting with illegal drugs as a way of self medication.  This experimentation eventually resulted in my discharge from the Navy for substance abuse.

Although I was not diagnosed with Post Traumatic Stress Disorder (PTSD) while in the service.  I did enter into a Post Traumatic Stress Disorder treatment program at the Wichita Regional Veterans Hospital.  Counseling for this condition continues as you read this request.  At this time, I would like to mention that one of the symptoms of (PTSD) is the use of alcohol or drugs for self medication.

Documentation

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

Copy of DD Form 214, first enlistment
Character reference from Mr. L___, dtd 981230
Character reference from Ms. A_____
Character reference from Ms L____
Character reference from Ms B____
Copy of DD Form 214, second enlistment
Copy of 6 performance evaluations

PART II - SUMMARY OF SERVICE

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

	Active:   USN			830718 - 870717	HON
	Inactive: USNR (DEP)	830217 - 830717	COG

Period of Service Under Review:

Date of Enlistment:  871116		Date of Discharge:  930505

Length of Service (years, months, days):

	Active:    05  05  20
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 (19 months extension)

Education Level:  12			AFQT:   49

Highest Rate:  MS2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.86 (9)	Behavior:  3.71 (9)		OTA:  3.00

Military Decorations:  None

Unit/Campaign/Service Awards:  NAM, GCM, NDSM, BER

Days of Unauthorized Absence:  None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Drug abuse (Use), authority:  NAVMILPERSMAN, Article 3630620.

Chronological Listing of Significant Service Events:

880826:	NJP for violation of UCMJ, Article 112a, Wrongful use of a controlled substance, cocaine.
	Award:  Forfeiture of $450 per month for 2 months, restriction and extra duty for 45 days, reduction to E-3.  No indication of appeal in the record.

880827:	DAAR :  Cocaine abuse, abuse denied, random urinalysis.  No determination made by medical officer.  Member is being referred to CAAC for further evaluation.  Commanding officer recommends retention, with disciplinary action taken as NJP.

881129:	DAAR :  Cocaine abuse, abuse denied, from same urinalysis.  Determination made by medical officer with applicant not drug dependent, amenable and eligible for counseling, recommend Level II.  Commanding officer recommends retention, with disciplinary action taken as NJP.

930202:	NAVDRUGLAB [Norfolk, VA] reported applicant’s urine sample, received 930112, tested positive for cocaine. 

920212:	NJP for violation of UCMJ, Article 112a:  Wrongful use of  controlled substance, cocaine on or about 930111. 
Award:  Forfeiture of $563 per month for 2 months, restriction and extra duty for 45 days, reduction to E-4.  Appeal denied.

930219:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by NJP of 12 Feb 93.

930223:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

930315:	DAAR :  Cocaine abuse, less than monthly, from unit sweep.  Determination made by medical officer with applicant drug dependent, and recommendation to separate from service via VA hospital.  Commanding officer processing for separation and to separate via VA hospital.

930315:	Applicant informed of right to inpatient treatment and signs statement declining treatment.

930330:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). 

930427:	BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 930505 under other than honorable conditions for misconduct due to drug abuse (use) (A).  The Board presumed regularity in the conduct of governmental affairs (B).  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).

A medical diagnosis, on active duty or during post-service, and whether proper or improper, is not an issue upon which this Board can grant relief.  When reviewing a discharge, the Board does consider the extent to which a medical problem, diagnosed or undiagnosed while on active duty, might effect an applicant’s performance and ability to conform to the military’s standards of conduct and discipline.  In response to the applicant’s issue 1, the Board does not consider the circumstances surrounding the applicant’s diagnosis or any medical treatment given to the applicant to be of sufficient nature to exculpate the applicant from his misconduct of record.  Relief is not warranted.

The applicant is reminded that there is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service.  However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D).  Those factors include, but are not limited to, the following:  evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct.  At this time, the applicant has not provided sufficient documentation of good character and conduct.  Therefore no relief will be granted.  The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge.

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.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

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 obtain a copy of DoD Directive 1332.28 by writing to:

		DA Military Review Boards Agency
		Management Information and Support Directorate
		Armed Forces Reading Room
		Washington, D.C.  20310-1809

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:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		Washington Navy Yard
		720 Kennon Street SE Rm 309
		Washington, D.C.  20374-5023