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

ex-SH1, USN
Docket No. ND00-01078

Applicant’s Request

The application for discharge review, received 000926, requested that the characterization of service on the discharge be changed to honorable conditions.  The applicant requested a documentary record discharge review.  The applicant listed Disabled American Veterans as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010301.  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: GENERAL (UNDER HONORABLE CONDITIONS)/ Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  Dear Sirs, While in a program given by the Navy I came up positive.  Since my discharge I have cleaned my life up and am now helping other men and women get their lives together.

Documentation

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

Copy of DD Form 214
Letter from representative dated 15 November 2000

PART II - SUMMARY OF SERVICE

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

	Active:   USN			820727 - 890817	HON
		   USN			770727 - 820726	HON
	Inactive: USNR (CACHE)	770719 – 770726	COG
	Active:   USA			740114 - 760730	HON
	Inactive: USAR (DEP)	731213 - 740113	COG

Period of Service Under Review:

Date of Enlistment:  890818		Date of Discharge:  900331

Length of Service (years, months, days):

	Active:    00  06  13
	Inactive:  None

Age at Entry:  37			Years Contracted:  2

Education Level:  12			AFQT:  50

Highest Rate:  SH1

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.8 (1)	Behavior:  2.8 (1)		OTA:  3.18

Military Decorations:  None

Unit/Campaign/Service Awards:  MUC(2nd award), GCM(2nd award), NEM, SSDR (4th award), BER

Days of Unauthorized Absence:  None 

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

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

Chronological Listing of Significant Service Events:

891012:	NAVDRUGLAB Oakland CA, applicant tested positive for cocaine.

891030:	NAVDRUGLAB Oakland CA, applicant tested positive for cocaine

891109:	Medical evaluation:  Polydrug abuser.  ETOH dependent. 3 positive urinalysis for cocaine since July 89. LvIII ARD in 1989 for alcohol. Evaluated by CAAC Bremerton on 7NOV89 as dependent on cocaine. Member has no potential for further useful service.  It is recommended that the member be separated from the naval service. He has not responded to two previous inpatient treatments and it is doubtful he will respond to any future attempts.

900117:	Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of misconduct due to drug abuse as evidenced by positive testing for cocaine reported in NAVDRUGLAB Oakland, CA messages 121602Z OCT 89 and 301618Z OCT 89 as a result of your self-referral.

900122:  	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.

900122:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).  Commanding officer’s comments (verbatim):  Although assigned to Naval Reserve Activity, Puget Sound, and assigned temporary additional duty to Puget Sound Naval Shipyard, enclosure (14) assigns administrative separation authority to Puget Sound Naval Shipyard.  This E-6 veteran of 16 years military service, with the exception of one NJP 12 years ago, had an unblemished record of excellent performance on the job.  However, in December 1977 he successfully completed Level III treatment for Alcoholism, following a self-referral he again successfully completed Level III treatment for Alcoholism and Poly-Drug abuse in February 1989, and in July 1989 tested positive for cocaine use.  After investigation by this command and an oral admission by a third party that PO1 ______(applicant) was given the drug without his knowledge, a decision was made to take no action on the matter other than to place him on a surveillance program.  In October 1989 he tested positive for cocaine use again on two occasions about two weeks apart.  As noted in enclosures (4) and (5), SH1______(applicant) is dependant on alcohol and cocaine.  Despite two seemingly successful inpatient treatment periods SH1______(applicant) has demonstrated an inability to refrain from substance abuse and therefore has no potential for further useful service in the U.S. Navy.  He should be separated from the U.S. Navy with a discharge characterization as warranted by his service record and VA treatment, if eligible, should be offered.

900202:	CNMPC directed the applicant's discharge type warranted by service record by reason of misconduct due to drug abuse (use).

PART III – RATIONALE FOR DECISION AND PERTINENT 
REGULATION/LAW

Discussion

The applicant was discharged on 900331 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, 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 any 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 15560A), Change 6, effective 11 Jan 89 until 13 Jun 90, 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 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