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

Docket No. ND03-00541

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

 ex-STGSN, USN
Docket No. ND03-00541

Applicant’s Request

The application for discharge review was received on 20030212.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests 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 20040114.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  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, authority: NAVMILPERSMAN, Article 1910-146, formerly Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “I am currently attending the University of Northern Colorado and completed my first semester with a 3.25 GPA.  I recognize my bad decisions and learn from my mistakes.  I am very serious about finishing my college education and to continue maturing.  My financial status is poor, so I would like to be able to use my Montgomery GI Bill.

V/R”

Documentation

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

Applicant’s DD Form 214 (Member 1)

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	980616 - 980707	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  980708		Date of Discharge:  011221

Length of Service (years, months, days):

	Active:    03  05  14
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  77

Highest Rate:  STG3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.20 (5)	Behavior:  1.80 (5)		OTA:  2.71

Military Decorations:  None

Unit/Campaign/Service Awards:  GCM, BER, SSDR, AFEM

Days of Unauthorized Absence:  None

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  NAVMILPERSMAN, Article 1910-146, formerly 3630620.

Chronological Listing of Significant Service Events:

990510:	Civil Conviction:  Harris County Criminal Court, Harris County, TX for violation of driving while intoxicated and failure to stop and give information.
Sentence: Confinement for 10 days, driver’s license suspended for 1 year, court cost of $413.50.

991016:	Retention Warning:  Advised of deficiency (While at anchorage in St. Maarten, N.A. on or about 991008, you abused alcohol ashore on liberty to such a degree that you were unable to return onboard ship without assistance, and you required a drunk watch to verify your safety.  All hands were counseled prior to liberty call concerning excessive alcohol consumption, and underage drinking.  You chose to disregard these warnings.  Your behavior was a violation of the principles of good order and discipline, endangered your own safety and did not create a positive image of the Navy or LABOON.  You have previously been directed by your chain of command not to consume alcoholic beverages), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

000216:	NJP for violation of UCMJ, Article 92: Failing to obey other lawful order on 0345, 000113, to wit: underage drinking, violation of UCMJ, Article 134: Disorderly conduct on 0345, 000113, to wit: drunkenness.
	Award: Forfeiture of $200 per month for 2 months, restriction and extra duty for 45 days, reduction to STGSA.  Reduction and forfeiture suspended for 6 months.  No indication of appeal in the record.

010209:	Retention Warning:  Advised of deficiency (Reckless driving 90/55), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

011030:	NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 011025, tested positive for THC.

011121:	NJP for violation of UCMJ, Article 112A: Wrongful use of a controlled substance.
	Award: Forfeiture of $714.40 per month for 2 months, restriction and extra duty for 45 days, reduction to STGSN.  Forfeiture suspended for 6 months.  No indication of appeal in the record.

011126:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

011126:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

011206:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.

011221:	COMCRUDESGRU TWO directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20011221 under other than honorable conditions for misconduct due to drug abuse (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 warranted processing for separation.  Separation under these conditions generally results in characterization of service under other than honorable conditions.  Relief denied.

The Veterans Administration determines eligibility for post-service benefits, not the NDRB.  There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans’ benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

The Applicant’s discharge characterization accurately reflects his service to his country.  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.

The Applicant 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.  Representation at a personal appearance hearing is recommended but not required.  

Pertinent Regulation/Law (at time of discharge)

A.  The Naval Military Personnel Manual, (NAVPERS 15560C), Change 33, effective 16 Jul 2001 until 21 Aug 2002, Article 1910-146 (formerly 3630620), Separation by Reason of Misconduct - 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: