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

Docket No. ND02-00780

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

 ex-AA, USN
Docket No. ND02-00780

Applicant’s Request

The application for discharge review, received 020509, requested that the characterization of service on the discharge be changed to general/under honorable conditions.  The Applicant requested a documentary record discharge review.  The Applicant did not list any representative on the DD Form 293.  In the acknowledgement letter the applicant was informed that he was approaching the 15-year point for review by this Board and was encourage to attend a personal appearance hearing in the Washington, D. C. area.  Applicant did not respond.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030206.  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, as submitted

1.  What I've done was foolish and harmful to my fellow officer's and sailors.  I should of known better especially in an environment like a career.  I meant no harm, no intentions of being unprofessional.  Though they're times we forget what’s important.  I chose to go a different direction, just for a few hours of exultation, didn't pay off.  Received Capt Mass.  My fault.  I don't want anything from the U.S. Government.  I just want a pass to go to the V.A. Hospital when I'm sick.  And that's rarely.  I ask forgiveness of the United States Navy.  I'm sorry, I'm a better person.

Documentation

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

None

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	840821 - 850408	COG
	Active:   USN			None

Period of Service Under Review:

Date of Enlistment:  850409		Date of Discharge:  871026

Length of Service (years, months, days):

	Active:    02  06  18
	Inactive:  None

Age at Entry:  20			Years Contracted:  4 

Education Level:  12			AFQT:  30

Highest Rate:  AN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.73 (6)	Behavior:  3.06 (6)		OTA:  3.66

Military Decorations:  None

Unit/Campaign/Service Awards:  None

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:

860605:	NJP for violation of UCMJ, Article 86: Unauthorized absence 860517, violation of UCMJ, Article 112: Drunk on duty 860517.
	Award:  Forfeiture of $150.00 pay per month for 1 month ($100.00 suspended for 30 days), restriction for 30 days, reduction to E-2 (suspended for 30 days).  No indication of appeal in the record.

870109:	NJP for violation of UCMJ, Article 92: Failure to obey order or regulation.
	Award:  Forfeiture of $150.00 pay per month for 1 month (suspended $100.00 for 1 month), reduction to E-2 (suspended for 3 months).  No indication of appeal in the record.

870820:	NAVDRUGLAB [SAN DIEGO, CA], reported Applicant’s urine sample, received 870812, tested positive for [Amphetamine/Methamphetamine].

870902:	NJP for violation of UCMJ, Article 112a: (2 Specifications); Specification 1: Wrongful possession of a schedule II controlled substance, to wit: Methamphetamines on 870714, Specification 2: Wrongful use of a schedule II controlled substance, to wit: Methamphetamines 870714 to 870802.
Award:  Forfeiture of $369.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-2.  No indication of appeal in the record.

870904:	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 and possession of methamphetamine on board USS RANGER (CV-61) from 870714 to 870802.

870904:	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.

870906:	Medical evaluation found the Applicant not drug dependent.

870917:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

870918:	Substance abuse report indicates Applicant is not drug/alcohol dependent.

871002:	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 871026 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, even on one occasion, warranted processing for separation under other than honorable conditions.  Relief denied.

The Applicant’s discharge characterization accurately reflects his service to his country.  The discharge was proper and equitable.  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.  Relief not warranted.

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 "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/A9453/A9217/A9439/A9221