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

 ex-HA, USN
Docket No. ND00-00037

Applicant’s Request

The application for discharge review, received 991012, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a personal appearance hearing before the board in the Washington National Capital Region.  The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, the applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000831.  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, authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  I never intended to get out of the Navy. At my non-judicial punishment case, I was voted for retention, although I was separated anyhow.  I am very proud of my naval service and wish to be just as proud of my discharge.  I lost many things with my mistake, a chance to attend Naval Academy Preparatory School, rank, money and respect.  I don't wish to continue paying for a mistake I made as a teenager.

Documentation

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

Copy of college credits

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	940112 - 940918	COG

Period of Service Under Review:

Date of Enlistment:  940919		Date of Discharge:  970703

Length of Service (years, months, days):

	Active:    02  09  15
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  84

Highest Rate:  HN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.00 (3)	Behavior:  3.00 (3)		OTA:  3.20

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM 

Days of Unauthorized Absence:  None

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630620.

Chronological Listing of Significant Service Events:

960917:	NAVDRUGLAB, Jacksonville, FL reported urine sample received 960910, tested positive for THC.

961113:	NJP for violation of UCMJ, Article 112A: Wrongful use of controlled substances, to wit: marijuana between 25Aug96 and 5Sep96.
	Award:  Forfeiture of $490 per month for 2 months, reduction to HA.  No indication of appeal in the record.

961203:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by nonjudicial punishment of 12 November 1996.

961203:  	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

970228:	An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and by a vote of 2 to 1 recommended to retention.

970516:	Commanding officer recommended discharge general (under honorable conditions) by reason of misconduct due to drug abuse (use).

970604:	CNP forwarded recommendation for applicant's discharge general (under honorable conditions) by reason of misconduct due to drug abuse (use).

970612:	Assistant Secretary of the Navy (Manpower and Reserve Affairs) approved applicant's discharge general (under honorable conditions) by reason of misconduct due to drug abuse (use).

970618:	BUPERS directed the applicant's discharge general (under 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 970703 general (under 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).

The applicant’s issue states:  “I never intended to get out of the Navy. At my non-judicial punishment case, I was voted for retention, although I was separated anyhow.  I am very proud of my naval service and wish to be just as proud of my discharge.  I lost many things with my mistake, a chance to attend Naval Academy Preparatory School, rank, money and respect.  I don't wish to continue paying for a mistake I made as a teenager.”  The NDRB found that although the Administrative Discharge Board voted 2-1 to retain the applicant, the applicant’s Commanding Officer recommended a General Discharge, CNMPC recommended discharge as General, and the Assistant Secretary of the Navy (Manpower and Reserve Affairs) approved the applicant’s discharge of General (under Honorable Conditions) by reason of misconduct due to drug abuse (use), therefore, the discharge was proper as issued.  The NDRB found the General (under honorable conditions) discharge equitable as the applicant’s offense warrants a punitive discharge if tried by court martial.  Relief is not warranted.

The following is provided for the applicant’s edification.  The NDRB is authorized to consider post-service factors in the re characterization of a discharge.  The applicant must be aware that 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.  Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question.  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, may be considered by the NDRB.  The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at personal appearance hearing is highly recommended.

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560C), Change 14, effective 
03 Oct 96 until 11 Dec 97, Article 3630620  SEPARATION OF ENLISTED PERSONNEL 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