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

   

 ex-MSSR, USN
Docket No. ND99-00663

Applicant’s Request

The application for discharge review, received 990416, 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 000207.  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 - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank. 

Documentation

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

None

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	820227 - 820426	COG

Period of Service Under Review:

Date of Enlistment:  820427		Date of Discharge:  861117

Length of Service (years, months, days):

	Active:    04  06  21
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 (12 months extension)

Education Level:  12			AFQT:  26

Highest Rate:  MS3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.50 (6)	Behavior:  2.87 (6)		OTA:  3.39

Military Decorations:  None

Unit/Campaign/Service Awards:  BER, SSDR, HSM, OBP

Days of Unauthorized Absence:  None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct - Pattern of misconduct, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

820427:	Applicant counseled on positive urinalysis screening, but informed was being retained in the naval service.  However, further involvement with illegal drugs in any manner may result not only in disciplinary action, but in processing for administrative discharge under other than honorable conditions.

820428:	Applicant signed USN Drug Abuse Statement of Understanding.

820804:	Medical Evaluation: Sample of urine was positive for THC - on __ RTC test, individual revealed a history of pre service marijuana.  Recommendation:  Treatment at local level.

831228:	Applicant identified as an alcohol abuser.  Rehabilitation regimen is: Level I treatment.

841019:	NJP for violation of UCMJ, Article 92: Wrongfully possessing drug paraphernalia on 20Sep84, violation of UCMJ Article 112A (6 specs): Wrongful use of a controlled substance, to wit:  marijuana (4 specs), lysergic acid diethylamide (LSD) (1 spec), met amphetamine (1 spec), wrongful possession of a controlled substance (3 specs), to wit: marijuana (2 specs), LSD (1 spec).
	Award:  Forfeiture of $366 per month for 2 months, reduction to MSSA.  Reduction suspended for 6 months.  No indication of appeal in the record.

Undated:	Retention Warning from Commander Seventh Fleet San Francisco, CA:  Advised of deficiency (You have failed to adhere to the rules of the Uniform Code of Military Justice pertaining to use and/or possession of a controlled substance and/or a habit forming narcotic drug.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

850422:	Screen for antabuse, alcohol dependency and possible drug dependency.  Provisional diagnosis: deferred.  Will place on antabuse and check LFT's.  Send to NRDC.

850604:	Retention Warning:  Advised of deficiency (Use of marijuana and personal behavior that is detrimental to the good order and discipline within your division and department.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

850711:	Applicant admitted to Naval Alcohol Rehabilitation Center (NARC), San Diego, CA.  Admission diagnosis: alcohol dependence.

850828:	Applicant discharged from NARC, San Diego, CA.  Discharge diagnosis: Alcohol dependence.  Prognosis: fair contingent on a strong AA program.  Disposition: Return to duty.

851031:	Drug/Alcohol Abuse Report: Marijuana abuse, less than monthly August through October 1985, ashore off duty.  Fitness for duty examination, October 1985.  Medical officer determined applicant is dependent and recommended separation.  Commanding officer recommended separation, third incident.  Comments:  Rehabilitation failure.  Applicant exhibits no potential for further useful service.  Completed level III treatment at ARC San Diego on 30 August 1985.  NJP 19Oct84 VUCMJ Art 92 and 112a Awd FOB $366 x 2 months, RIR to E-2 (suspended for 6 months).  No civil convictions....    

851106:	CAAC notified commanding officer that applicant was a rehabilitation failure.

851107:	NJP for violation of UCMJ, Article 134: Drunk which conduct was of a nature to bring discredit upon the Armed Forces.
	Award:  Forfeiture of $347.00 per month for 2 months, restriction and extra duty for 45 days, reduction to MSSA.  No indication of appeal in the record.

851122:	NJP for violation of UCMJ, Article 112A: Wrongful use of marijuana and wrongful possession of less than one ounce of marijuana on 18Nov85, violation of UCMJ Article 92: Disobeying a lawful order, to wit: possession of drug paraphernalia on 18Nov85.
	Award:  Forfeiture of $315 per month for 2 months, restriction for 60 days, reduction to MSSR.  No indication of appeal in the record.

851227:	NJP for violation of UCMJ, Article 134: Breaking restriction.
	Award:  Confinement for 3 days on diminished rations.  No indication of appeal in the record.

851227:	Confinement physical examination:  No defects noted.

851227:	Applicant to confinement.

851230:	Applicant from confinement.

860102:	USS SAMUEL GOMPERS notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by positive urinalysis and misconduct due to a pattern of misconduct as evidenced by four nonjudicial punishments within the current enlistment.

860106:	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

860224:	An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to a drug abuse and misconduct due to a pattern of misconduct, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

860716:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse and misconduct due to a pattern of misconduct. 

861030:	CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 861117 under other than honorable conditions for misconduct due to a pattern of misconduct (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).

The applicant introduced no decisional issues for consideration by the Board.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560A, Change 4/86, effective 
06 Oct 86 until 14 Dec 86), Article 3630600, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT, ‑ A PATTERN OF MISCONDUCT. 

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 St SE Rm 309
		Washington, D.C.  20374-5023