Author: CAP
Last saved by: Department of the Navy
Company: NCPB

Docket No. ND01-01011

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

 ex-ICFN, USN
Docket No. ND01-01011

Applicant’s Request

The application for discharge review, received 010731, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions.  The applicant requested a documentary record discharge review.  The applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020307.  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 (verbatim)

1.  During my last year in the Navy I was under a lot of stress.  Now I have turned my life around, my kids are happy, and so am I.  Will you please change my discharge to Honorable because for one thing I want my kids to know my military career was Honorable.  I was a very good sailor when I was in the Navy.  

Primary Specialty & Number Title:
IC-4731 Auxiliary Electrician 4 yrs
9593 Submarine Repairman 3 yrs

Decorations, Medals, Badges:
Battle Efficiency Ribbon; Letter of Commendation (Gold Wreath Award (2)) from Flag Officer, Good Conduct Award

Military Education:
INT AN SYS CMB MAINT - A6230051
GYRO MK19 CMB MA - A670-0012
IC PACKAGE FOR SSN/SSBN-A-623-0030
NAVY RECRUITER ORIENTATION UNIT

Documentation

In the acknowledgement letter to the applicant, it was suggested he provide post-service documentation for the Board to consider in the review.  Applicant did not respond and did not provide any documentation.  Accordingly, only the service and medical records were reviewed by the Board.

PART II - SUMMARY OF SERVICE

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

	Active:   USN			830207 - 870203	HON
		   USNR		800306 - 830206	HON (To enlist USN)
	Inactive: USNR		800122 - 800305	COG

Period of Service Under Review:

Date of Enlistment:  870204		Date of Discharge:  880711

Length of Service (years, months, days):

	Active:    01  05  08
	Inactive:  None

Age at Entry:  29			Years Contracted:  6

Education Level:  13			AFQT:  36

Highest Rate:  IC2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.47 (3)	Behavior:  3.47 (3)		OTA:  3.61

Military Decorations:  None

Unit/Campaign/Service Awards:  Battle Efficiency Ribbon, LoC (Gold Wreath Award (2)) from Flag Officer, GCA

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:

880323:	NJP for violation of UCMJ, Article 92 (4 Specs):  failure to obey order or regulation (09FEB88, 19MAR88, 16FEB88, 01FEB88); violation of UCMJ, Article 107 (1 Spec):  false official statement (15MAR88).
	Award:  Restriction for 60 days, reduction to E-4.  No indication of appeal in the record.

880421:	DARR:  report as result random urinalysis, positive for cocaine.  Evaluation by DAPA, not dependent as determined by physician, recommend separate from service not via VA hospital.

880503:	Medical evaluation by the Alcohol and Drug Abuse Prevention and Control Program (Dr. M. D_):  Diagnosis - Cocaine Abuse episodic - pt related to using cocaine twice in March 1988.  Found the applicant to be a drug abuser, not drug dependent.  

880504:	NJP for violation of UCMJ, Article 112A:  wrongful use a controlled substance; violation of UCMJ, Article 134: breaking restriction; violation of UCMJ, Article 92: failure to obey order or regulation.
Award:  Forfeiture of $519 per month for 2 months, restriction for 60 days, reduction to E-3.  No indication of appeal in the record.

880610:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse and misconduct due to commission of a serious offense as evidenced by a positive random urinalysis test for cocaine and failure to obey order or regulation.

880610:	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.

880617:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use) and misconduct due to commission of a serious offense.  Commanding officer’s comments (verbatim):  "ICFN (Applicant) no longer has regard for the orders and regulations of the United States Navy.  Fully aware of the Navy's policy of zero tolerance with substance abuse, he willfully used a controlled substance.  His actions continue to reflect total discredit to himself and the naval service.  He is not recommendation for advancement or retention.

880628:	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 880711 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.  The applicant states that in his “last year in the Navy I was under a lot of stress.”  He states that he has turned his life around and wants the discharge changed to Honorable for his children.  The applicant provided no documentation to support his statement that he was under a lot of stress in his last year of service or that he has turned his life around.  There is no documentary evidence that show matters of mitigation and extenuation were not considered by the discharge authority at the time of discharge.  Additionally, the Board will not upgrade an applicant’s discharge to allow him or her to be viewed more positively by others.  The discharge was proper and equitable.  Relief is not warranted.  

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. 

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560A), effective  15 Jun 87 until 
10 Jan 89, 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 "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

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/A9453/A9217/A9221