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

ex-SR, USNR
Docket No. ND02-00859

Applicant’s Request

The application for discharge review, received 020603, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a personal appearance discharge review before a traveling panel closest to Columbus, Ga.  In the acknowledgement letter to the Applicant, he was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington DC area.  The NDRB also advised the Applicant that the Board first conducts a documentary review prior to any personal appearance hearing.  The Applicant also 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 030311.  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, as submitted

1.  I want to let the board know that I am sorry for what happen to me during my service day I am asking to Rec a Honorable Discharge I have been off drugs for 13 year also off Alcohol also for 13 year I don't smoke I am married I have 6 kids five boy & one girl and I am a pastor of a church here is one of my cards I am trying to clean up my past because I am teaching it to the people.

2.  To Whom it may concern.  First of all I would like to thank you for accepted my application for discharge review I will began to explain to you about what happen to me doing my time in the Navy.  I would like to ask for forgiven for my acts in the Navy before I Join the Navy in 1986 I had left home in trouble with my parents and I moved to up north with my Aunt.  After living with her for a while I moved in with my cousin.  Every were I went thing got bad for me no job no love from family.  My mother & father wouldn't talk to me.  So I decide to become a part of something that I can get the loved fellowship with other I needed also I new that could become a better man and at the same time I could do something for my country but when I got there I started looking for love in the wrong place I got with the wrong type of people I didn't know that then but now more & more I realize that they were not the one’s I needed to be will.  I do all I can on a daily base trying hard to teach my five boys but anyone I can tell not to make the same mistake I made sometime I even teach this lesson in the Church were I am the Pastor.  I am very sorry for using drug in the U.S. Armed forces but after been discharge from the Navy I return home and by the grace of God I got me self together I have been off drug for 13 years.  When I first got off drug I became a part of a group that travel many places in the U.S. talking to people about drug we were called the Voice against drug in that meeting area that is where I meet my wife I am very blessed t have been able to meet her.  I have work at the medical center which is a Hospital for 13 years I have won two employee of the quarter & also wee the runner up for employee of the year.  I have been minister about five years & have been a pastor about 2 years.  I am still on the battle field against drugs I even went to the prison camp & gave drug & Alcohol meeting I want everyone to know that drugs & Alcohol is not the way to go.  And I don't want them to make the same mistake I made because I believe that I had the best opportunity in the world to be a part of the Armed forces.  I still mess Navy life I had a very good time & learn lot about my self now hold on to something’s I learn in the navy I started out in boot camp to Achieve the goal of staying in 20 year or more my company commander told me when we first saw me that I had leadership in me I will never forget him chief B_ from greatbernen, he made me master of Arms of the company though his leadership he made me to be the best that I could be my job were to make sure that our quarters were clean at all time we won about 4 award for out quarters been the best out of the hole area I left bootcamp at the rank of E-2 I won a award a sit-up in bootcamp.  I was well on my way until I got to my ship in San Diego, Calf. & got with the wrong people I always's encourage my five boy's and my daughter to join the Armed force not only them but other also.  My 17th year old is thinking about join the Navy also my 15th year old is thinking about join to Army.  I know that I can't back the hands of time but if I could I would do things different  Thinks' for lesson Sincerely Pastor

Documentation

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

Certification of service from Department of Veterans Affairs, dated May 10, 2002
Applicant's church business card
Newspaper ad

PART II - SUMMARY OF SERVICE

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

	Inactive: None
	Active:   None

Period of Service Under Review:

Date of Enlistment:  880121		Date of Discharge:  890316

Length of Service (years, months, days):

	Active:    01  01  26
	Inactive:  00  00  10

Age at Entry:  25			Years Contracted:  8

Education Level:  12			AFQT:  36

Highest Rate:  SA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.80 (2)	Behavior:  2.80 (2)		OTA:  3.00

Military Decorations:  None

Unit/Campaign/Service Awards:  None

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:

880201:	Applicant ordered to active duty.

880202:	Applicant briefed on the Navy's policy on drug and alcohol abuse.

881228:	NJP for violation of UCMJ, Article 86: Unauthorized absence from unit or organization.
	Award: Restriction and extra duty for 10 days, reduction to SR.  Reduction suspended for 3 months.  No indication of appeal in the record.

890103:	Vacate reduction to SR awarded at CO's NJP dated 881228.

890103:	NJP for violation of UCMJ, Article 112A: Use of controlled substance.
	Award: Forfeiture of $350 per month for 2 months, restriction and extra duty for 45 days, reduction to E-X.  No indication of appeal in the record.

890103:	Retention Warning: Advised of deficiency (Violation of UCMJ Articles 112a (use of a controlled substance and a Article 86 (Unauthorized absence from unit or organization.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

890116:	Medical evaluation for drug abuse found the Applicant to be a drug and alcohol abuser.  Recommended Level III treatment at VA facility.

890119:	NJP for violation of UCMJ, Article 86: Unauthorized absence on 890111, violation of UCMJ, Article 121: Larceny of government property, violation of UCMJ, Article 134: Break restriction.
	Award: Restriction and extra duty for 10 days, loss of civilian clothes for 90 days and recommendation for administrative discharge.

890131:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense, pattern of misconduct and as evidenced by three or more punishments under the UCMJ and misconduct due to drug abuse.

890202:	Applicant advised of his rights and having elected not to consult consulted with counsel certified under UCMJ Article 27B, elected to waive all rights.

890203:	NJP for violation of UCMJ, Article 112A: Use of a controlled substance.
	Award: Forfeiture of $300 per month for 2 months, restriction and extra duty for 45 days, continue processing for administrative separation.  No indication of appeal in the record.

890208:	Drug and Alcohol Abuse Report: Cocaine abuse.  Medical urinalysis examination 891220.  Physician found Applicant dependent and recommended separation via VA hospital.  Commanding Officer recommended separation via VA hospital.

890224:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense, pattern of misconduct and drug abuse (use).  Commanding Officers comments (verbatim):  [SNM shows no potential for continued future naval service.  Member shows repeated abuse of cocaine.  Most recent NJP was result of a positive urinalysis for cocaine taken after returning from UA while in restricted status.  Member has stolen a crewmembers I.D. card, jumped ship (breaking restriction) and was UA for about 11 hours.  Upon returning, another urinalysis was taken.  He later complained of severe chest pain and was taken to naval hospital San Diego where he was diagnosed as suffering from atrial fibrillation as a secondary reaction to cocaine abuse.  Medically evaluated as having no potential for further service because of his established pattern of misconduct during his short time onboard and his repeated and life threatening drub abuse.  SR R_ (Applicant) cannot be trusted to fulfill his duties and responsibilities.  He is a severe hindrance to morale and an administrative burden to this ship and the Navy.  Strongly recommend approval of Other than Honorable discharge due to SNM’s pattern of misconduct and severe drub abuse]

890308:	CNMPC directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

890316:	Applicant refused treatment.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 890316 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).

Issue 1: Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question.  No such error or injustice occurred during the Applicant’s enlistment.  While he may feel that youth and family problems were factors that contributed to his actions, the record clearly reflects his disregard for the requirements of military discipline and demonstrated that he was unsuited for further service.  The record is void of evidence that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions.  The Applicant’s record clearly documents his use of drugs that warranted processing for separation usually under other than honorable conditions.  Relief denied. 

Issue 2:  Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service.  However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge.  Evidence of continuing educational pursuits, a positive employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence that the Applicant is living a drug free life style, are examples of verifiable documents that should be provided to receive consideration for relief, based on post-service conduct.  The Applicant did not provide sufficient documentation to warrant an upgrade to his discharge.

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 additional documentation to support any claims of post-service accomplishments at that time.  Representation at a personal appearance hearing is recommended but not required.   

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