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

Docket No. ND03-00005

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

   ex-FR, USNR
Docket No. ND03-00005

Applicant’s Request

The application for discharge review, received 20021001, 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.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20030812.  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.  Up until my marijuana incedent my service record was ok, one incedent with alcohol and my attitude went downhill, I have had a positive experience with the Army National Guard and Reserves, around the time of my alcohol & drug use I was having some trouble with the death of my mother.  I requested that my O.T.H. Discharge be upgraded to an honorable, or General Under Honorable Conditions.

Documentation

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

Copies of DD Form 214 (2)
Service Related Documents (14 pages)
Medical Related Documents (4 pages)
Copies of Discharge Orders from USAR (2)
Copies of DD Form 214 (Army/ARNG) (2)

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):
	Inactive: ARNG		821126 - 830317	HON
	Inactive: USNR (DEP)	None
	Active:   USN			None

Period of Service Under Review:

Date of Enlistment:  871130		Date of Discharge:  890519

Length of Service (years, months, days):

	Active:    01  01  28
	Inactive:  00  03  23

Age at Entry:  22			Years Contracted:  8

Education Level:  12			AFQT:  53

Highest Rate:  FA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.80 (1)	Behavior:  3.60 (1)		OTA:  3.60

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:

880321:	Ordered to active duty for 36 month under the Active Mariner program.

880627:	NJP for violation of UCMJ, Article 86: Failed to go to his appointed place of duty 880603, violation of UCMJ, Article 112: Drunk while on duty 880603.
	Award:  Forfeiture of $75.00 pay per month for 1 month, restriction to the limits of NTC/Base for 7 days (suspended for 6 months) extra duty for 7 days (suspended for 6 months).  No indication of appeal in the record.

890420:	NJP for violation of UCMJ, Article 112a: Wrongful use of marijuana on 890403.
Award:  Forfeiture of $349.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-1.  No indication of appeal in the record.

890426:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by NJP of 890420 for wrongful use of marijuana and misconduct due to commission of a serious offense as evidenced by being drunk on duty (NJP of 880627) and wrongful use of marijuana (NJP of 890420) [Extracted from CO's message].

890426:	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 [Extracted from CO's message].

890506:	DAAR indicates Applicant consented to the use marijuana, found not dependent, recommended for separation not via VA Hospital.

890506:	Medical evaluation for drug abuse found the applicant to be not drug dependent.  [Extracted from CO's message].

890506:	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.
 
890510:	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 19890519 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).

In reference to the Applicant’s issue 1, the Board determined that this issue has no merit.  The Applicant states his military record was “ok” until his marijuana incident, his one incedent with alcohol and the death of his mother.  The Applicant knowingly violated the UCMJ and was justly held accountable for his actions.  The discharge was proper and equitable.

The following is provided for the edification of the Applicant.  Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question.  No such error or inequity existed in this case.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge.  However, 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.  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 can be considered.  Examples include documentation such as educational pursuits, verifiable employment record(s), documentation of community service, certification of non-involvement with civil authorities, and credible evidence of substance free lifestyle.  At this time, the applicant has not provided such documentation for the Board to consider.  Therefore, no relief will be granted.

The applicant is reminded that he is 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.  Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560A), Change 6, effective 11 Jan 89 until 13 Jun 90, 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.
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