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

  ex-AOAR, USNR
Docket No. ND03-00024

Applicant’s Request

The application for discharge review, received 20021004, 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.  Subsequent to the application, the Applicant obtained representation from the Disabled American Veterans.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20030828.  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 (verbatim)

1.  My name is (Applicant), and I am an alcoholic and Drug Addict.
This is something that I will have to pay, for the rest of my life; I make no excuses, because I have come to terms over this problem, I'm powerless and I believe no human power could have relieved me from this alcoholism.
If you look back at my military record, it shows that at each time I was court martial I was at a point of elevation, that I wasn't a bad seaman through and through, I did have my problems as ever human being does
My Sobriety Date is Sept 06, 1999.  From this date, there has been no dui's or any run in with law officials of any kind.  As a matter of fact, I'm working on a Judges campaign right now in Bossier City.  One of the facts and tradition of Alcoholics Anonymous is that we have to respect each other’s anonymity and respect people' position's that have problems with drugs and alcohol.
My life now is deep routed in the twelve steps that I must help my fellow alcoholic so that I may keep my sobriety for another day.
Today I'm a firm believer that there is nothing that I (Applicant) and God together can't handle.
I have spongers that I sponsor on a daily basis, trying to help others is a joy in my life, where I didn't have a life before my sobriety date.
Please help me get an upgrade on my discharge so that I may continue on a healthy, God fearing lifestyle.

Sincerely

2.  Dear Chairperson:

After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of evidence assembled for review, we continue to note the contention of the appellant in his request for a discharge upgrade of his current Under Other Than Honorable (UOTH) discharge to that of General, Under Honorable Conditions.

The FSM served two years, seven months, and eleven days of active service until March 27, 1990, at which time he was discharged due to drug abuse.

Currently, the FSM is in a twelve step program and requires the upgrade of his discharge to keep his life on the right path.  The statements in support submitted by the FSM attest to his good character and the actions he is taking to take control of life, to include notation from the local law enforcement noting that he has not been in trouble nor arrested in his home of record.

As the representative, we ask that consideration be given to equitable relief, as this is a matter that involves a determination whether a discharge should be changed under the equity standards, to include any issue upon which the Applicant submits to the Board's discretionary authority, under SECNAVIST 5420.174C.

We ask for the Board's careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision.  These issues do not supersede any issues previously submitted by the Applicant.

Respectfully,

Documentation

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

Applicant's DD Form 214
Shreveport Police Department record check, dated October 24, 2002
Bossier City Court record check, undated
Certificate from the Office of Clerk, 26th Judicial District, State of Louisiana, dated October 24, 2002

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:  870227		Date of Discharge:  900327

Length of Service (years, months, days):

	Active:    02  07  11
	Inactive:  00  05  19

Age at Entry:  27			Years Contracted:  8

Education Level:  12			AFQT:  48

Highest Rate:  AN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.70 (2)	Behavior:  2.80 (2)		OTA:  3.20

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:

870817:	Applicant entered active duty.

870820:	Applicant briefed on Navy's policy of drug and alcohol abuse.

880511:	Drug and Alcohol Abuse Report:  Marijuana abuse, ashore off duty.  Random urinalysis 880426.  Physician found Applicant not dependent and recommended Level I treatment.  Commanding Officer recommended Level I treatment.  Comments: Potential for future naval service is poor.

880517:	NJP for violation of UCMJ, Article 112A: Wrongful use of marijuana on 880224.
	Award: Forfeiture of $335 per month for 2 months, restriction and extra duty for 45 days, reduction to AOAA.  No indication of appeal in the record.

880831:	Medical examine for diagnosis of dependency on drugs/alcohol.  Applicant physiologically dependent.  Recommended Level III treatment.

881128:	Applicant to referred to NARC for treatment and rehabilitation of alcohol dependence.

890106:	Applicant released from NARC.  Diagnosis: Alcohol dependence, in remission.

900216:	NJP for violation of UCMJ, Article 112A: Use of cocaine on Jan90.
	Award: Forfeiture of $362 per month for 2 months, restriction and extra duty for 45 days, reduction to AOAR.  No indication of appeal in the record.

900216:	Medical evaluation for drug/alcohol abuse found Applicant is not psychologically dependent on drugs or alcohol.  The Applicant uses drugs and alcohol because it is available and use is considered recreational and can be controlled by the individual.  Recommend Level III ARC. [Extracted from Commanding Officer's message dated 900311.]

900216:	Medical evaluation:  S: ARC Level III for ETOH.  Applicant has just come up positive on urinalysis for cocaine.  Applicant was positive for cannabis on May '88.  Applicant says he uses coke about once a month.  With his ETOH, he says that most weeks he does not drink, but occasionally has a beer or two.  A: Applicant could be considered an ARC failure for continued ETOH use even apart for recent urinalysis.  Potential for continued military service is negligible.  Episodic cocaine abuse. P: No medical conditions precluding administrative action.  No need for immediate hospitalization.

900223:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.  [Extracted from Commanding Officer's message dated 900311.]

900223:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.  [Extracted from Commanding Officer's message dated 900311.]

900305:	Drug and Alcohol Abuse Report:  Cocaine abuse, ashore off duty.  Service directed urinalysis.  Physician found Applicant dependent and recommended separation not via VA hospital.  Commanding Officer recommended separation.  Comments: Potential for future naval service is poor.

900311:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

900327:	CNMPC 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 19900327 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 the Applicant’s issue 1, the Board determined that this issue is without merit.  The Applicant states he is an alcoholic and drug addict.  He was discharged from military service on March 27, 1990 and his sobriety date is September 6, 1999.  Since his sobriety he has not had a DUI, or any run in with law officials and is asking the Board to upgrade his discharge so he can continue on a healthy, God fearing lifestyle.

 Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question.  No error in propriety or inequity occurred in the administration of this discharge.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge.  However, 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 the civilian life subsequent to leaving the service.  Outstanding post-service conduct, 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 can be considered.  Examples of documentation to provide the Board include such things as educational pursuits, verifiable employment record(s), documentation of community service, certification of non-involvement with civil authorities, and credible evidence of substance free lifestyle.  At this time, the applicant has not provided sufficient documentation for the Board to consider.  Therefore, no relief will be granted.

The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his 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