Author: CAP
Last saved by: Department of the Navy
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Docket No. ND03-00922

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

ex-SMSA, USNR
Docket No. ND03-00922

Applicant’s Request

The application for discharge review was received on 20030502.  The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions.  The Applicant requests 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 encouraged to attend a personal appearance hearing in the Washington, D. C. area.  The Applicant did not respond.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040408.  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 – Drug abuse, authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “My discharge on January 8, 1989 was due to drug use-misuse.  I took my punishment, acknowledging I was guilty and waived all rights.  Unfortunately, my chemical dependency carried on into civilian life with alcoholism over the last two years.  I realize now that I should have sought treatment way back then, as my disease has progressed to a chronic state where it almost coasted me my life.  It's a shame that it took this, being admitted to a hospital for health problems, to get me to wake up.  I can’t change anything I did in the past.  But even when I still used and drank, I worked at Don’s Quality Market, in Seymour, Wisconsin for about 7 years.  This could only last so long because hard work wasn’t enough to save my job.  Alcoholism became a replacement for other drugs, and it took away everything I had, even my dignity.  God willing I’ve been blessed and given a second chance.  After being through in-patient treatment for the last 2 months, I realize I am a good person & I owe a lot to family, God & the County of Outagamie for being here today.  I want to GIVE BACK doing volunteer work I am a totally different person now than I was on 1/8/89.  I was proud to serve my country & regret the mistakes I shamefully made.”

Applicant marked the box "I HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THIS APPLICATION."  None were found.

Documentation

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

Character reference, dated April 9, 2003
Character reference, dated April 23, 2003
Applicant’s DD Form 214 (2)

PART II - SUMMARY OF SERVICE

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

	Inactive: None
	Active:   None

Period of Service Under Review:

Date of Enlistment:  870527		Date of Discharge:  890112

Length of Service (years, months, days):

	Active:    01  07  03
	Inactive:  00  00  12

Age at Entry:  23			Years Contracted:  8

Education Level:  14 1/2		AFQT:  72

Highest Rate:  SMSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.70 (2)	Behavior:  2.70 (2)		OTA:  3.10

Military Decorations:  None

Unit/Campaign/Service Awards:  SSDR

Days of Unauthorized Absence:  None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Drug abuse, authority:  NAVMILPERSMAN, Article 3630620.

Chronological Listing of Significant Service Events:

870610:	Applicant ordered to active duty for 36 months under the Active Mariner Program.

870612:	Applicant briefed on Navy's policy of drug and alcohol abuse.

870622:	Applicant found to be a drug abuser.

870624:	Drug and Alcohol Abuse Report: Marijuana abuse, less than monthly, June 1987.  Service directed urinalysis June 1987.  Applicant recommended for Level I.  Commanding Officer recommended retention.  Comments: SNM tested positive urinalysis screening accession into recruit training.

880503:	NJP for violation of UCMJ, Article 92: Failure to obey a lawful written regulation on 880422.
	Award: Forfeiture of $100 per month for 2 months, restriction and extra duty for 10 days, reduction to SMSA.  Forfeiture for 1 month and reduction suspended for 6 months.  No indication of appeal in the record.

881209:	NJP for violation of UCMJ, Article 92: Failure to obey a lawful written regulation on 881129, violation of UCMJ, Article 112A: Wrongful use of a controlled substance on 881129.
	Award: Forfeiture of $376 per month for 2 months, restriction and extra duty for 45 days, reduction to SMSA.  No indication of appeal in the record.

881213:	Medical evaluation for drug abuse found the Applicant to be a drug dependent.  [Extracted from Commanding Officer’s message dated 881220.]

881213:	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.  [Extracted from Commanding Officer’s message dated 881220.]

881213:	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 Commanding Officer’s message dated 881220.]

881220:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse and misconduct due to commission of a serious offense.

890101:	CNMPC directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

890112:	Applicant declined 30-day in-patient treatment.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19890112 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 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, a positive employment record, a substance-free lifestyle, and certification of community service and non-involvement with civil authorities are examples of verifiable proof that can be submitted.   The Board commends the Applicant’s attempts to live a substance-free lifestyle.  However, the Board determined that the documentation submitted by the Applicant does not mitigate his misconduct while on active duty.  Relief denied.

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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