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

ex-AT3, USN
Docket No. ND04-00499

Applicant’s Request

The application for discharge review was received on 20040203.  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.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040921.  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 had a very good military career going throughout my term.  I graduated in the top of my class for my specialty school.  I was in the top 10 percent of my department at AIMD.  I always had excellent evals and I was the recognized expert in the Navy for the CASS-EO project.  Multiple commands would request my presence for help and training on this system.  No matter what I always gave 110%.  Unfortunately I did make one crucial mistake.   This mistake not only ruined my career, but hurt other commands and shipmates as well.  I know what I did was wrong and everyday I wish I could go back and fix it.  Not only did my military career get ruined but my civilian life is hurting badly as well.  That is why I am writing this letter.  I have been turned down by several employers because of this.  We beg of you please review the discharge type and if the situation warrants it, upgrade the discharge type.  We just hope that you will see that is was a mistake, I am sorry, and we don’t think one mistake when I was younger should hurts us forever thank you.”

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)	980221 - 981004	COG
	Active:   USN			None

Period of Service Under Review:

Date of Enlistment:  981005		Date of Discharge:  020729

Length of Service (years, months, days):

	Active:    03  09  24
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 (10 months extension)

Education Level:  12			AFQT:  59

Highest Rate:  AT2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  4.00 (1)	Behavior:  3.00 (1)		OTA:  3.71

Military Decorations:  None

Unit/Campaign/Service Awards:  GCA, NDSM

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:

980221:	Applicant acknowledged Navy’s Drug and Alcohol Abuse Statement of Understanding.

020328:	NAVDRUGLAB [JACKSONVILLE, FL], reported Applicant’s urine sample, received 020325, tested positive for [THC].

020703:	NJP for violation of UCMJ, Article 86: Did on or about 020613, fail to go at the time prescribed to his appointed place of duty, to wit: Aircraft Intermediate Maintenance Department picnic, violation of UCMJ, Article 112a: Did in the Hampton Road Area on or about 020325, wrongful use of marijuana.
Award:  Restriction and extra duty for 45 days, reduction to E-4.  No indication of appeal in the record.

020703:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

020703:	Applicant advised of rights and having elected to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

020711:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. 

020715:	Commander, Navy Region, Mid-Atlantic 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 20020729 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.  The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment as requested in the issue.  Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.  

A characterization of service of under other than honorable conditions is warranted when the member's conduct constitutes a significant departure from that expected of a sailor.  The Applicant’s service was marred by award of nonjudicial punishment (NJP) for violation of Article 112a of the UCMJ.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable or under honorable (general) characterization of service.  Relief denied.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of 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