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

ex-SN, USN 
Docket No. ND03-00392

Applicant’s Request

The application for discharge review, received 20030109, 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 20031215.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  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 stated

Applicant’s issues, as stated on the application:

“1.  I followed the chain of command to resolve issues addressed in letter and was denied.”

“2.  After separation was clinically diagnosed with depression that caused feeling of hopelessness, irrational and immature behavior.”

“3.  I have enclosed, in Appendix A my DD214 showing my improper rate.”

“4.  Also enclosed, in Appendixes C thru P are character references, achievements in work, school and my community.  These documents, as well as a clean criminal screening, driving record and, drug tests supports my dedication to better myself, family and community.”

“5.  Additional issues addressed in Documents 1 thru 3”

“Dear Board Members:

I am writing this letter in support of my request to raise my discharge from “other than honorable” to “honorable”.  I was discharged from the U.S. Navy in October of 1992 after two and a half years of service, including service during Desert Storm while onboard the U.S.S. Shenandoah, and serving onboard the U.S.S. Doyle.  The Navy issued me an “other than honorable discharge” based on my violations of Navy regulations.  (Appendix A) I am fully aware that the actions leading up to my discharge were in very poor judgment.  It is my sincere intention to demonstrate to you that I have worked hard to become a valuable and productive member of our society.  To enhance that contribution I am continuing my education but the “other than honorable discharge” I received is restricting my ability for advancement.  (Appendix
B)

Below I would like to relate to you three events leading up to my discharge and offer the reasons I am requesting a change of status of discharge for:

First, the DD-214 which was issued to me upon my discharge states that I was an “Infantry Gun Crew and Seaman Specialists”, however at the time I was discharged from the Navy I had never served or even touched a gun. I was serving as a Boatswain’s Mate working with the Quartermasters and did so on the USS Shenandoah throughout my tour of duty during Operation Desert Storm.

Secondly, while on the USS Shenandoah, I acquired my “Quartermaster of the Watch” qualifications and made a permanent change to the Quartermasters shack. No entry was made in my service record reflecting that transfer or the qualification I had acquired. Soon after I was approved to go to school to make a permanent rate change to Quartermaster and an rank upgrade to Quartermaster 3rd class.  My records reflected this transfer, however did not reflect the fact that I was dropped from this school 3 days before graduating.  I was 3rd in my class with orders to be stationed in Hawaii.  I had worked hard for the opportunity to be at the top of my class so I would be able to select my duty station as well as receive a raise in pay grade.  I feel I was wrongly accused of falling asleep in class.  I had notes that I had written at the time of the accusation but was denied the opportunity to prove my innocence.

My orders were changed to the USS Doyle in Mayport, Florida.  I was very disappointed, but was informed in Orlando, Florida because I was Quartermaster of the Watch qualified, that I would soon be transferred to working with the Quartermasters.  My contacts in Orlando instructed me to inform the USS Doyle of my Quartermaster qualifications once I reported for duty. Soon after reporting to the USS Doyle I was informed that there was no record of my Quartermaster of the Watch qualification or other qualifications I had worked so hard to attain while serving in Desert Storm.  The USS Doyle Personnel Department felt that there were discrepancies in my records due to 2 years of service without any listed qualifications.  They informed the Legal Officer on board and he contacted my old Division Officer; Lieutenant R_, on board the USS Shenandoah.  She verified that I was qualified in Quartermaster of the Watch along with verification of my other missing qualifications.  She also stated that the record of my qualifications had been discarded.

This information lead me to meet with my Commanding Officer, who also found this situation very strange.  He stated that he would help me to resolve this issue.  Soon after this meeting, to my disappointment, he informed me that there was nothing he could do.

I felt abandoned. I was trying to make the best of my experience in the Navy and continued to feel like it wasn’t coming together for me. In my rebellion, as you will see, my record indicates that I tested positive for marijuana use.  I sincerely regret this incident and realize the mistakes that I made.  I have been drug free and have kept a clean driving and criminal record since my discharge. (Appendix C,D,E) This was a difficult time in my life within weeks of my discharge from the Navy, I was diagnosed with a clinical chemical imbalance.  I voluntarily saw a psychiatrist regularly at my own expense and was treated with two different medications for approximately one year.  I attended individual counseling to work through many of the issues that were troubling me in this difficult time in my young life.

After my discharge from the Navy and the subsequent counseling and medication, I turned my life in a different direction.  I have numerous letters of recommendation and character references over the past 6 years.  (Appendix F,G,H,I,J) I enrolled in an Associate of Arts Degree program at Florida Community College of Jacksonville.  Soon after, I successfully gained employment in the field of agriculture with Aquatic Systems Inc.which is responsible for the preservation and repair of lakes for the entire region of northeast Florida.  The position involved attention to detail and serious responsibility, as the work had to be performed in accordance with State and Federal guildlines.  As well as working full time I continued my collegiate studies in the evenings.

The company quickly promoted me from a technician, to Manager, (Appendix K) and finally to the Operations Manager for the Northeast Division of Florida within a year and a half I was directly responsible for the Northeast Division’s growth of 750% from prior years. Furthermore, under my leadership, the Company experienced a 98% renewal of its contracts for two consecutive years. (Appendix H) (No prior manager had ever accomplished this in the state of Florida) As a direct result of my success with this Company I was given the opportunity for a position of greater responsibility with another company; Eco Group.  This Company was responsible for contracting agricultural sales and lake preservation across a five state area to include: Georgia, North and South Carolina, Alabama and Florida.  Although I demonstrated my abilities and dedication to this Company I decided to return to school for a career change that would also allow me to move home to Bradenton, Florida to be closer to my immediate family.

On February 8, 2002 I completed my preliminary studies to qualify as a Licensed Massage Therapist with the Florida College of Natural Health. My academic achievements include:
Graduating with the second highest cumulative grade point average ever received by a student of the College.  (Appendix L) Being an elected member of the student counsel, and the Manager of the Public Clinic, by the Professional Administrator at the School.  (Appendix M,N)

I have taken and passed the State and National Certification Exam to become a Licensed Massage Therapist.  (Appendix O,P) I am currently working in this field but it is necessary to continue my education to reach the goals I know I am capable of Furthering my education requires funding that I cannot currently afford. I am unable to tap into the G.I. Bill, in which I paid into while in the Navy.  (Appendix B)

The impact of my lack in good judgment has caused my family and I a great deal of pain. My father served during the Korean War in the US Air Force.  My Brother served for 8 years in the Navy and is now in the US Air Force stationed at Mc Dill AFB Tampa, FL.

Thank you very much for allowing me this opportunity to make right some of the wrongs of my past.  Your time is very much appreciated.  I would have preferred to meet with you in person, but my financial situation does not permit it.  It is my prayer that you will see my remorse, look upon me in a positive manner and enlighten my future.  I am a proud American and proud that I served in the United States Navy. I just wish I had been a more mature and responsible Sailor.  To upgrade my discharge will be to help me to continue to right that wrong for my community, family and myself. 

Respectfully,

T_ B_ M_”

Documentation

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

Appendix A: DD Form 214
Appendix B: Letter from R_ S_ (VA Educational Officer) denying educational benefits
Appendix C: Result of Controlled Substance Testing dated 02-02-2002
Appendix D: Results from Criminal Background and Driving Record Checks dated 04-18-2002
Appendix E: Result of Controlled Substance Testing dated 10-11-2002
Appendix F: Letter of Reference from F_ E. S_, Sawgrass Country Club dated 10-01 1996
Appendix G: Letter of Character from J_ C. S_, Aquatic System Incorporated dated 03-04-1997.
Appendix H: Letter of Character from D_ C_, Aquatic System Incorporated dated 03-1997.
Appendix I: Letter of Recommendation from Captain G_ G. C_, USNR-R dated 07-29-2002
Appendix J: Letter of Appreciation from Pastor R_ A. A_, West Bradenton Baptist Church dated 08-09-2002
Appendix K: Certificate of Merit for Passage of State Aquatic Exam from Aquatic Systems Incorporated dated 10-17-1996
Appendix L: Transcript from Florida College of Natural Health dated 02-06-2002 
Appendix M: Letter of Recommendation from P_ J. S_, Florida College of Natural Health dated 02-02-2002 
Appendix N: Letter of Recommendation from P_ L. P_, M.D., Florida College of Natural Health dated 01-28-2002
Appendix O: Massage Therapist License dated 04-06-2002
Appendix P: National Certification in Therapeutic Massage and Bodywork dated 2002 

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	900108 - 900306	COG
	Active:   USN			None

Period of Service Under Review:

Date of Enlistment:  900307		Date of Discharge:  921002

Length of Service (years, months, days):

	Active:    02  06  26
	Inactive:  None

Age at Entry:  21			Years Contracted:  4 

Education Level:  12			AFQT:  44

Highest Rate:  SN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.60 (3)	Behavior:  2.86 (3)		OTA:  3.26

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SASM (2)

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:

910719:	Retention Warning:  Advised of deficiency (VUCMJ, Art 80, attempt to alter government test; VUCMJ, Art 134, wrongful overindulgence), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning [Date extracted from CO’s message].

910719:	NJP for violation of UCMJ, Article 80: Attempt to alter test results, violation of UCMJ, Article 134: wrongful overindulgence in intoxicating liquor.
	Award:  Restriction for 30 days.  No indication of appeal in the record.

920528:	NAVDRUGLAB [JACKSONVILLE FL], reported Applicant’s urine sample, received 920513, tested positive for [THC].

920603:	NJP for violation of UCMJ, Article 112a: Wrongful use of controlled substance.
	Award:  Reduction to the next inferior pay grade and extra duties for 30 days (suspended for 6 months), process for administrative discharge.
No indication of appeal in the record.

920624:	Medical Officer found Applicant alcohol/drug dependent.  Applicant afforded Level III Care.  Applicant elected to have Level III Care.  Care authorized through VA.

920708:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by wrongful use of a controlled substance (THC).

920710:	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.

920715:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.

920806:	Applicant declined VA inpatient treatment.

920820:	BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19921002 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.  There is credible evidence in the record that the Applicant used illegal drugs.  Drug abuse warranted processing for separation.  Separation under these conditions generally results in characterization of service under other than honorable conditions.  While the Applicant may feel that frustration over his billet assignment was a factor that contributed to his actions, the record clearly reflects his disregard for the requirements of military discipline and demonstrated that he was unfit for further service.  The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions.  Relief denied.

Issues 2 and 4.  The Applicant’s discharge characterization accurately reflects his service to his country.  Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question.  No such error or inequity is evident during the Applicant’s enlistment.  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, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence of a substance free lifestyle, are examples of verifiable documentation that may be provided to receive consideration for relief, based on post-service conduct.  The Applicant’s evidence of post-service conduct was found not to mitigate the offense for which he was discharged.  Relief not warranted.

Issue 3.  The Board did not discern that the Applicant’s primary specialty listed on the DD-214 was assigned in error and therefore no change to Block 11 of the DD-214 is recommended.  

Issue 5.  The Veterans Administration determines eligibility for post-service benefits, not the NDRB.  There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans’ benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

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.  Representation at a personal appearance hearing is recommended but not required.  

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 04 Mar 93, 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