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Docket No. ND05-01215

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

FOR OFFICIAL USE ONLY

 ex-MSSN, USN
Docket No. ND05-01215

Applicant’s Request

The application for discharge review was received on 20050712.  The Applicant requests the Discharge 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060209.  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 and reason for discharge shall not change.  The discharge shall remain Under Other Than Honorable Conditions by reason of misconduct due to drug abuse.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application: 

“My discharge was unfair because I was an ideal sailor and made the stupid mistake of trying some drugs at a party.  I was young and have learned from my mistakes.  I’m currently married with a baby on the way and I’m thinking about becoming a police officer or maybe another government job and I fear my o.t.h. discharge may make my goals difficult.  I was a great sailor and my evaluations were good.  I just made a little mistake.  Hopefully the review board can help with this.”

Documentation

Only the service and medical records were reviewed.  The Applicant did not provide additional documentation for the Board’s consideration.

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	19990129 – 19990411		COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19990412		Date of Discharge:  20011217

Length of Service (years, months, days):

	Active:    02  08  05  (Does not exclude lost time.)
	Inactive:  None

Time Lost During This Period (days):  

	Unauthorized absence:	11 days
	Confinement:			None

Age at Entry:  18 

Years Contracted:  4 (24 month extension)

Education Level:  11 (GED)				AFQT:  78

Highest Rate:  MSSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NA*		Behavior:  NA*		OTA:  NA*

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  Sea Service Deployment Ribbon, Armed Forces Expeditionary Medal, Navy “E” Ribbon.

* Not Available

Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MILPERSMAN, Article 1910-146, formerly 3630620
Chronological Listing of Significant Service Events: 

000606:	Retention Warning:  Advised of deficiency (Article 92 – Violate a Lawful General Order by drinking alcohol under the legal drinking age on 3 May 2000.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

010906:	Applicant to unauthorized absence.

010917:	Applicant from unauthorized absence at 2137 on 010917 (11 days/surrendered).

010927:	NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 010924, tested positive for THC.

011009:	NJP for violation of UCMJ, Article 86:
.	Specification:  In that Mess management Specialist Seaman T_ A. M_ (Applicant), USS GEORGE WASHINGTON, on active duty, did, on or about 6 September 2001, without authority, absent himself from his unit, to wit:  USS GEORGE WASHINGTON, located at Naval Station Norfolk, Virginia, and did remain so absent until on or about 17 September 2001.  (11 days total).
	Violation of UCMJ, Article 87:  
	Specification:  In that Mess management Specialist Seaman T_ A. M_ (Applicant), USS GEORGE WASHINGTON, at or near vicinity of Florida, on or about 10 September 2001, through design, miss movement of USS GEORGE WASHINGTON, located at Naval Station Norfolk, Virginia, with which he was required in the course of duty to move.
Violation of UCMJ, Article 112:
Specification: In that Mess management Specialist Seaman T_ A. M_ (Applicant), USS GEORGE WASHINGTON, on active duty, did, at or near vicinity of Hampton Roads Virginia, on or about 17 September 2001, wrongfully use Ecstasy, Methamphetamine and Marijuana.
Award:  Forfeiture of $584.00pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-2.  No indication of appeal in the record.

011207:	COMCRUDESGRU TWO, directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

Service Record contains a partial Administrative Discharge package.  

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20011217 by reason of misconduct due to drug abuse (A) with a service characterization of under other than honorable conditions.  After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C).  The Board presumed regularity in the conduct of governmental affairs (D).

When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable.  An under other than honorable conditions discharge is warranted when a member's conduct involves one or more acts or omissions that constitute a significant departure from the conduct expected of members of the Naval Service.  The Applicant’s service was marred by a retention warning for a violation of UCMJ Article 92, failure to obey an order or regulation by consuming alcohol while underage and nonjudicial punishment proceedings for violations of UCMJ Articles 86, unauthorized absence, 87, missing ship’s movement by design, and 112a, wrongful use of methamphetamine, ecstasy, and marijuana.  Mandatory processing for separation is required for sailors who abuse illegal drugs.  Separation under these conditions generally results in characterization of service under other than honorable conditions.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy.  Such conduct falls far short of that expected of a member of the U.S. military and does not meet the requirements for an upgrade of his characterization of service.  Relief is not warranted.

There is no requirement or law that grants recharacterization solely on the issue of enhancing employment opportunities and this issue does not serve to provide a foundation upon which the Board can grant relief.  Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.  

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 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs.

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 “http://Boards.law.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:

		Secretary of the Navy Council of Review Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023