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

ex-SR, USN
Docket No. ND04-00938

Applicant’s Request

The application for discharge review was received on 20040518.  The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions and the reason for the discharge be changed to “Less than exemplary performance.”  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 20041008.  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 and narrative reason 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 stated

Applicant’s issues, as stated on the application:

“1.  My discharge was inequitable because the conduct upon which it was based has been mitigated by overall good service and a demonstration of remorse at Captain’s Mast.

2.  My discharge was inequitable because the conduct upon which it was based was isolated relative to its severity.

3.  My discharge was inequitable because the conduct upon which it was based was mitigated by subsequent good conduct.

4.  My discharge should be upgraded because I have taken positive steps since separation and remain law abiding. 

5.  My discharge should be upgraded because I have made tremendous strives toward contributions in educational pursuits, a good employment track record, and being a contributing member of society.  My post service record has been exemplary.

6.  My discharge was inequitable because I have always had a propensity for honesty and truthfulness.  Throughout my active service, I accepted responsibility for my actions.  My character should be distinguished from those individuals who do not demonstrate such maturity and remorse.

Thank you for your consideration.  I realize that the actions that I took in 1989 leading to my discharge from the US Navy were not the correct actions.  I cannot take those actions back, but I can say that in the time since I have left the Navy, I have turned those actions around.  I have had 2 years of college, gotten married, had 2 beautiful children, become a homeowner, and worked for 10 years with an exemplary record at Nortel Networks.  I have been active in the community.  I have volunteered at school.  I have been active along with my oldest son in the Cub Scouts.  I am currently acting as Treasurer for Wylie Cub Scout Pack 304.  I have been a stay at home mom since December of 2001.  I feel that my record will always be marred by this “Other Than Honorable-Misconduct/Drug Abuse” discharge.  I hope that you can find it in your power to change my discharge and see that I am a responsible, law abiding citizen who loves her country and would change my past mistakes if it was possible.  I appreciate your consideration in this matter.”

Documentation

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

Applicant’s DD Form 214
	Letter of reference, dated June 20, 2002
	Letter of reference, dated July 8, 2002
	Letter of reference, undated
	Letter of reference, dated May 10, 2004
	Copy of driving record, dated January 2, 2004
	Dallas County Community College Transcript
	Devry Institute of Technology Transcript
	Copy of Performance Reviews (19 pages)
	Copy of Credit Report (10 pages)

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	880817 - 880918	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  880919		Date of Discharge:  890725

Length of Service (years, months, days):

	Active:    00  10  07
	Inactive:  00  00  00

Age at Entry:  18			Years Contracted:  4 (24 month extension) 

Education Level:  12			AFQT:  91

Highest Rate:  SA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMA*	Behavior:  NMA		OTA:  NMA

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  None

* No marks available from the record

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:

880921:	Applicant signed the Navy’s drug and alcohol abuse statement of understanding.

890601:	NJP for violation of UCMJ, Article 112a, between 89APR03 and 89MAY03, Wrongfully use a schedule 1 controlled substance, Marijuana.
	Award:  Forfeiture of $349 per month for 2 months, restriction and extra duty for 30 days, reduction to E-1.  RIR suspended for six (6) months.  No indication of appeal in the record.

890613:	Medical evaluation:  Applicant diagnosed with borderline personality disorder – severe.  Recommended for immediate administrative separation.

890613:	Medical evaluation:  Applicant found not to be dependent on alcohol and drugs. 

890623:	Punishment of RIR to SR suspended at CO’s NJP of 89MAY31 vacated due to continued misconduct.

890626:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse and personality disorder.

890626:	Applicant advised of 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.

890628:	Commanding Officer recommended discharge with a general (under honorable conditions) by reason of misconduct due to drug abuse and personality disorder.

890710:	NJP for violation of UCMJ, Article 86:  UA from 0001, 17JUN89 to 0550, 17JUN89, violation of UCMJ, Article 134: Breaking restriction from 0001, 17JUN89 to 0550, 17JUN89.
	Award:  Forfeiture of $100 per month for 2 months, restriction and extra duty for 10 days.  No indication of appeal in the record.

890718:	NMPC 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 19890725 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).

Issues 1-3, 6: The Applicant states her discharge was based on one isolated incident.  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 record is marred by award of nonjudicial punishment (NJP) on two occasions for violations of Articles 86, 112A, and 134 of the UCMJ.  In addition the Applicant’s punishment of RIR to SR was vacated by the commanding officer due to continued misconduct.  The summary of service clearly documents that misconduct due to drug abuse was the reason the Applicant was discharged.  No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged.  Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.  In the Applicant’s case, the Board could discern no impropriety or inequity and therefore consider her discharge proper and equitable.  Relief denied.

Issues 4-5:  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 naval service.  The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities.  The Applicant’s evidence of post-service conduct was found not to mitigate her misconduct sufficient to warrant an upgrade to her discharge.   Therefore, no relief will be granted.

The following if provided for the edification of the Applicant.  The NDRB has no authority to provided additional review of this case since Applicant’s discharge occurred more than 15 years ago.  The Applicant may, however, petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning a change in the characterization of naval service, if she desires further review of her case.

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