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

 ex-MMFA, USN
Docket No. ND00-00461

Applicant’s Request

The application for discharge review, received 000223, requested that the characterization of service on the discharge be changed to general/under honorable conditions.  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 000928.  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, authority: NAVMILPERSMAN, Article 1910-146, formerly Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  I (applicant) was injured, aboard the U.S.S. BOXER, I damaged my (L) wrist.  I was reffered to Balboa Naval Hospital, Orthopedic Clinic.  Upon review of x-rays, I was told that I needed surgery on my (L) wrist.  I agreed on the operation.  I'm sending my medical record for the information you may need.
During, the time on limited-duty.  I started to drink heavy & ended up using drugs, due to my stress.  I was discharge due to drug use, under an OTH.  I was going to have my record sent to the medical board for review.  So that, I can get a discharge under medical conditions.  I did not get a medical board review, I was discharge due to my misconduct-drug use and my command did not explained to me my options.  I asked to be discharged as soon as possible.  I signed some papers that waived my admin-board and drug rehab.  I did not received any explainations or advise on these two documents.  My legal officer did not like me and he did not explain the outcome of my signing these documents.  I still have staples on my (L) wrist.  They need to come out.  My hand is not the same.  I need to get some benefits.  I'm sorry for my misconduct.  The military operated on my (L) wrist and it's not the same.  I'm disabled.  Thank you for your time.  God Bless!!!

Documentation

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

Copy of DD Form 214
Copy of certificate of completion dated July 17, 1998
Copy of certificate of achievement dated January 22, 2000
Copy of vocational training skills report dated January 22, 2000
Thank letter from San Diego County Special Olympics dated November 21, 1998
Copy of certificate of appreciation dated November 21, 1998
Copy of letter of appreciation
Copy of evaluation report & counseling record (2)
Copy of authorization for release of medical information dated December 12, 1997
Copy of abbreviated limited duty medical board report dated October 22, 1998
One hundred and sixteen pages of applicant's medical records

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	971224 - 980218	COG

Period of Service Under Review:

Date of Enlistment:  980219		Date of Discharge:  990602

Length of Service (years, months, days):

	Active:    01  03  14
	Inactive:  None

Age at Entry:  20			Years Contracted:  4

Education Level:  12			AFQT:  35

Highest Rate:  MMFA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.00 (2)	Behavior:  2.00 (2)		OTA:  2.75

Military Decorations:  None

Unit/Campaign/Service Awards:  None 

Days of Unauthorized Absence:  2

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  NAVMILPERSMAN, Article 1910-146, formerly 3630620.

Chronological Listing of Significant Service Events:

990402:	NAVDRUGLAB, San Diego, CA reports urine sample received 990326, tested positive for cocaine.

990408:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 0730, 22Mar99 to 2232, 24Mar99 (2 days/surrendered), violation of UCMJ Article 112A (2 specs): (1) Wrongfully use cocaine on 1Mar99, (2) Wrongfully use cocaine on 25Mar99.
	Award:  Restriction and extra duty for 15 days, reduction to E-X.  No indication of appeal in the record.

990426:	Applicant to unauthorized absence 0730, 26Apr99.

990504:	Applicant from unauthorized absence 1045, 3May99 (7 days/surrendered).

990504:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

990504:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

990504:	Applicant refused treatment.

990510:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). 

990512:	Commander, Navy Region, Southwest 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 990602 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).

In response to the applicant’s issue 1, the Board found that the applicant’s left wrist had been previously damaged by a gunshot wound prior to entering military service.  Injuries to the applicant’s wrist while in the Navy were aggravations of the original injury caused by the gunshot wound.  The Board also found that the applicant had extensive pre-service illegal drug use and does not see any connection between the applicant's injury and his illegal drug use while in the Navy.  The applicant wrongfully used cocaine on two occasions and also refused substance abuse treatment.  No relief granted.

Pertinent Regulation/Law (at time of discharge)

A.  The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 Dec 97 to 19 May 99, Article 1910-146 (formerly 3630620), Separation by Reason of Misconduct - 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 view DoD Directive 1332.28 and other Decisional Documents by going online at "afls14.jag.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:

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