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

 ex-SR, USN
Docket No. ND01-00810

Applicant’s Request

The application for discharge review, received 010529, 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 011214.  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/IN LIEU OF TRIAL BY COURT MARTIAL, authority: NAVMILPERSMAN, Article 3630650.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  I was discharged on 96 June 12 with an under other than honorable conditions.  I would like to have that upgraded to honorable.  I didn't realize it, until I applied for a job that required honorable conditions.  I was told that after six months it would be upgraded to honorable.  I am not sure and certainly not clear on why it wasn't.

Documentation

In addition to the service record, NO DISCHARGE PACKAGE AVAILABLE, the following additional documentation, submitted by the applicant, was considered:

Copy of DD Form 214 (Not signed)

PART II - SUMMARY OF SERVICE

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

	Active:   USN			None
	Inactive: USNR (DEP)	931022 - 940304	ELS

Period of Service Under Review:

Date of Enlistment:  950404		Date of Discharge:  960612

Length of Service (years, months, days):

	Active:    01  02  09
	Inactive:  None

Age at Entry:  20			Years Contracted:  4 

Education Level:  12			AFQT:  35

Highest Rate:  SR

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NOB		Behavior:  3.6 (1)		OTA:  NOB

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

Days of Unauthorized Absence:  None 

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

UNDER OTHER THAN HONORABLE CONDITIONS/IN LIEU OF TRIAL BY COURT MARTIAL, authority:  NAVMILPERSMAN, Article formerly 3630650.

Chronological Listing of Significant Service Events:

931022:	Enlisted in the Navel Reserve for 3 years under the Fireman Apprenticeship program.

940218:	Applicant notified of intended recommendation for discharge entry level separation by reason of Other reason as evidenced by your drug problem.

940304:	Administratively Separated with an uncharacterized Entry Level Separation.  Auth CRUITMAN-ENL Chapter 4 and MILSPERMAN 3630810.  A total of 133 days have passed since the beginning of this DEP period.  Not recommended for reenlistment.  Reenlistment may not be effected without the prior approval of the Commanding Officer, Navy Recruit District.

950306:	Enlistment waiver approved by CDR Y____ for DEP discharge.

950306:	Enlisted at MEPS Knoxville, TN for 4 years in the JOBS STRANDS II (CTO, CTR, CTT, IS, OS, OTA, RM, 5YO-AW) program guarantee.

951113:	Applicant assigned TAD orders to Naval Hospital Sigonella for medical evaluation, SA T_____ accompanied SR R____ and was evaluated by Sigonella also, but command couldn't locate a copy of TAD orders.  Based on medical evaluation, USS BUTTE requested subject member be transferred to TPU, Norfolk for administrative processing.  Notified USS BUTTE members were being transferred on 951207.  On 951208, members arrived in Rota, Spain and were delayed awaiting further transportation to the United States on 951209.  On 951208, both members were on liberty in Rota.  At approximately 0745 hours, 951209, SA T_______ approached the BEQ watch seeking medical attention after stating he used LSD, a controlled substance.  He became violent, was apprehended and treated at Naval Hospital Rota.   SA T_____ notified Security that his companion, SR R_____, also ingested LSD the evening prior.  Security personnel were dispatched and later located him in his barracks room.  SR R____ was also transported t medical for treatment

951115:	Patient Status Report states that the Staff Psychiatrist advised immediate consideration for administrative separation for unsuitability.  The member is not considered mentally ill but manifest a longstanding disorder of character and behavior which is of such severity as to interfere with serving adequately in the military.  Although not imminently suicidal or homicidal, member is considered at continuous risk to do harm to self or others.  Expeditious administrative separation IAW NAVMILPERSMAN 3620225 is strongly recommended.  To facilitate administrative separation, request your command transmit orders for member to return to homeport for administrative processing by squadron or TRANS PER UNIT.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960612 under other than honorable conditions in lieu of a trial by court-martial (A and B).  The Board presumed regularity in the conduct of governmental affairs (C).  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 (D and E).

The applicant’s issue states:  “I was discharged on 96 June 12 with an under other than honorable conditions.  I would like to have that upgraded to honorable.  I didn't realize it, until I applied for a job that required honorable conditions.  I was told that after six months it would be upgraded to honorable.  I am not sure and certainly not clear on why it wasn't.”  The following is provided for the benefit of the applicant.  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.  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, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs, are examples of verifiable documents that should have been provided to receive consideration for clemency, based on post-service conduct.  The applicant did not provide any of these documents.  He 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.  Legal representation at a personal appearance hearing is highly recommended but not required.  Relief Denied.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 
22 Jul 94 until 2 Oct 96, Article 3630650, PROCEDURES FOR PROCESSING ENLISTED PERSONNEL FOR SEPARATION IN LIEU OF TRIAL BY COURT‑MARTIAL. 

B.  A punitive bad conduct discharge may be adjudged for violation of the Uniform Code of Military Justice, Article 112a, wrongful use of a controlled substance, upon conviction by a Special or General Court-Martial, in accordance with the Manual for Courts-Martial.
C.  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.  

D.  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.

E.  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 “afls10.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