Author: CAP
Last saved by: Department of the Navy
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Docket No. ND00-00718

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

 ex-MM3, USN
Docket No. ND00-00718

Applicant’s Request

The application for discharge review, received 000516, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a documentary record discharge review.  The applicant listed VETERANS OF FOREIGN WARS as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 001206.  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.  My undesirable discharge was inequitable because it was based on an isolated incident in over four and a half years of otherwise exemplary service.

2.  (VFW Issue): Clemency based on post service conduct.  Applicant has shown  himself with high integrity and solid moral and character, trustworthy and dependable, and a motivated individual who is interested in improving himself and those around him.  The individual has shown that he is an outstanding citizen, a hard and dedicated worker who can take as well give instructions.

Documentation

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

Copy of DD Form 214
Character Reference Letters (2)
Character Reference Letter/Resume
Letter of Recommendation
Employment Reference Letter 

PART II - SUMMARY OF SERVICE

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

	Active:   USN			None
	Inactive: USNR (DEP)	891013 - 900805	COG

Period of Service Under Review:

Date of Enlistment:  900806		Date of Discharge:  950302

Length of Service (years, months, days):

	Active:    04  06  26
	Inactive:  None

Age at Entry:  17			Years Contracted:  4 

Education Level:  12			AFQT:  93

Highest Rate:  MM2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.70 (8)	Behavior:  3.70 (8)		OTA:  3.80

Military Decorations:  None

Unit/Campaign/Service Awards:  NAM, NAVY"E"RIBBON, GCM, NDSM, SASMwc*, SSDR, Marksman Pistol Shot Medal 

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:

941020:	NAVDRUGLAB SAN DIEGO CA urinalysis report indicates applicant tested positive for THC.

941026:	DAAR indicates applicant tested positive for marijuana as a result of a random urinalysis test, found not dependent, recommended for separation not via VA Hospital.

941027:	Medical evaluation for drug abuse found no evidence of abuse or dependency.

941028:	NJP for violation of UCMJ, Article 112a: Wrongfully use of controlled substance.
	Award:  Forfeiture of $618.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-4.  No indication of appeal in the record.

941101:	Applicant notified of intended recommendation for discharge under other  than honorable conditions by reason of misconduct due to drug abuse as evidenced by Commanding Officer NJP of 941028..

941108:  	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

941214:	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 recommended discharge general under honorable conditions.

950131:	Commanding officer recommended discharge general under honorable conditions by reason of misconduct due to drug abuse (use).   

950216:	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 950302 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).

In the applicant’s first issue states:  My undesirable discharge was inequitable because it was based on an isolated incident in over four and a half years of otherwise exemplary service”.  The applicant’s otherwise service was marred by his misconduct.  The applicant could have received a punitive discharge in a trial by court martial.  Relied is denied.

The applicant’s second issue states:  “(VFW Issue):  Clemency based on post service conduct.  Applicant has shown himself with high integrity and solid moral and character, trustworthy and dependable, and a motivated individual who is interested in improving himself and those around him.  The individual has shown that he is an outstanding citizen, a hard and dedicated worker who can take as well give instructions”.  While the NDRB is permitted to consider post service conduct, noticeably absent from the applicant’s documentation is certification attesting to his clean and sober lifestyle. The applicant provided no independent drug testing, police records, documentation of community service, or educational pursuits.  Relief is denied.

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560C), Change 9/94, effective 
22 Jul 94 until 02 Oct 96, 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

The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX:  A6600/A9455/A9235/A9217