Author: CAP
Last saved by: joyce.meeks
Company: NCPB

Docket No. ND05-01219

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

FOR OFFICIAL USE ONLY

 ex-SR, USN
Docket No. ND05-01219

Applicant’s Request

The application for discharge review was received on 20050719.  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.  Subsequent to the application, the Applicant obtained representation from the American Legion.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060216.  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 and/or attached document/letter: 

“First I would like to thank you for taking the time to review my request.  It wasn’t until after college I decided to join the Armed Forces.  I went to college for two years and earned my associates degree in graphic design.  I had several friends that joined the Navy and I seen the great opportunities offered to them and I always wanted to travel and see the world.  So I chose the Navy because 1 thought it best suited my personality.  I planned to use my degree in the Navy and further my skills and interests while serving my country.

I left for Navy basic training at Great Lakes, Illinois a few months after I graduated college in November 2002.  I was a section leader and was on the ship staff I did very good in boot camp and enjoyed the experience.  I graduated from Seaman Apprentice Training in February 2003 as the top student in my class which was a big accomplishment for me.  My first duty station was at Earle, New Jersey on the USS Detroit which is now decommissioned.  Life on the Detroit was often lonely and depressing at first.  I didn’t have a car and I didn’t know anyone.  After a few weeks I began to settle in and meet some good people.

I came in the Navy as an E-3 and was a deck seaman.  It was kind of tough at first because I wasn’t doing what I had planned on doing but I just had to give it time.  I became a chef and planned on cross rating to a draftsman.  I was still an E-3 at the time and I worked hard to earn my Enlisted Surface Warfare pin.  That was a huge accomplishment for me and gave me a positive attitude and the confidence I needed to succeed in my Navy career.

Unfortunately, I would fall under a great deal of stress and depression.  My little brother wasn’t doing so well and he needed me, and my uncle had passed away, so it was a rough time for me.  One night I was around the wrong crowd and I took a hit of some marijuana.  Little did I know the decision I had just made would change my life and my career.  I didn’t smoke marijuana, and I had never been in trouble before as a civilian nor as a sailor prior to this incident.

Ironically, I was given a urinalysis and I tested positive.  I was sent up to Captain Mast and was given an Under Other than Honorable Discharge.  I was devastated and I broke down but I accepted the punishment because I knew I was wrong and that I knew I should hold myself accountable for my actions.  One mistake had turned my world upside down after doing two successful years in the Navy.

I’ve since moved back home to the state of Illinois, and have been looking for a job in the graphic design field.  I would like to further my college education and earn my bachelors degree, that is one of the reasons for my request for an upgrade.  I have been clean every since the incident and have been a good citizen since my discharge.

I would like to apologize for acting irresponsible when given such a great opportunity of serving in the Navy.  I have learned from my mistakes and I ask that you please allow me the chance to further become a more productive citizen and it would help if I had my G.I. Bill and the Illinois Veteran Grant.  Again, thank you for your time, consideration and assistance in this matter.”

Representative submitted no issues.

Documentation

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

Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	20020918 - 20021105	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20021106		Date of Discharge:  20041221

Length of Service (years, months, days):

	Active:    02  01  16
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  20

Years Contracted:  4

Education Level:  14				AFQT:  33

Highest Rate:  SN

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):  National Defense Service Medal, Sea Service Deployment Ribbon, Battle “E”, Global War on Terrorism Expeditionary Medal, Enlisted Surface Warfare Specialist (ESWS)

* 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: 

021105:	DD Form 1966/2, 1966/4:  Applicant admitted to pre-service marijuana abuse.

041012:	Applicant reduced in rate from SN to SA this date.

041215:	NJP for violation of UCMJ, Article 86, Unauthorized absence.
Violation of UCMJ, Article 112a, Wrongful use of a controlled substance.
	Award:  Forfeiture of $621.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-1.  No indication of appeal in the record.

041221:	DD Form 214:  Applicant discharged under other than honorable conditions by reason of misconduct due to drug abuse, authority: MILPERSMAN, Article 1910-146.

Service Record did not contain the Administrative Discharge package.
Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20041221 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).

There is credible evidence in the record that the Applicant used illegal drugs.  The Applicant was awarded nonjudicial punishment (NJP) for a violation of UCMJ Article 86, unauthorized absence and Article 112a, wrongful drug use.  Regulations permit relief on equitable grounds if the Applicant’s discharge is inconsistent with standards of discipline of the Naval service.  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 was properly notified, processed and discharged under other than honorable conditions by reason of misconduct due to drug abuse.  Based upon available records, nothing indicates that the Applicant’s discharge was in any way inconsistent with the standards of discipline in the United States Navy.  Relief denied.

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 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, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.  As of this time, the Applicant has not provided any post-service documentation for the Board to consider.  Relief denied.

The Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board.  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.  Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities.  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.  The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this 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), re-issued October 2002, effective 22 Aug 2002 until 28 April 2005, 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