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

Docket No. ND05-01339

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

FOR OFFICIAL USE ONLY

 ex-STSSN, USN
Docket No. ND05-01339

Applicant’s Request

The application for discharge review was received on 20050804.  The Applicant requested a documentary discharge review and that his characterization of service be changed to honorable.  The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060406.  After a thorough review of all available 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 characterization of the 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

Applicant’s issues, as stated on the application:

“MY DISCHARGE IS BASED UPON ONE ISOLATED INCIDENT IN 25 MONTHS OF SERVICE.  I DID MY BEST, I MADE A MISTAKE AND I DON’T FEEL THAT I WAS DISCHARGED FAIRLY.   THANK YOUR FOR YOUR TIME.  I HOPE THAT THE REVIEW BOARD WILL ANSWER MY REQUEST FOR AN HONORABLE DISCHARGE.”

Documentation

The Applicant provided no additional documentation for the Board’s consideration in addition to the service and medical record.  

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	20000216 - 20000718	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20000719		Date of Discharge:  20030312

Length of Service (years, months, days):

	Active:    02 07 24  (Does not exclude lost time.)
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  113 days
	Confinement:		  73 pretrial confinement (sentenced to 150 days with a pre-trial agreement for all confinement over 90 days to be suspended for one year).

Age at Entry:  18

Years Contracted:  4 (24 month extension)

Education Level:  12				AFQT:  61

Highest Rate:  STSSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.0 (1)		Behavior:  3.0 (1)		OTA:  2.67 (1)

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  National Defense Service Medal

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: 

000216:	Pre-service drug use waiver granted for use of marijuana.

000216:	Applicant acknowledged Navy's policy regarding drug and alcohol abuse.

020822:	Applicant to unauthorized absence at 1000 on 020822.

021213:	Applicant from unauthorized absence on 021213 (113 days/apprehended).

021219:	Applicant found fit for confinement.

030224:	Special Court Martial:
	Charge I:  Violation of the UCMJ, Article 85 (desertion) from 22 August 2002 until apprehended on 13 December 2002.  
Plea:  Guilty to the lesser offense of unauthorized absence, not guilty of desertion.  Finding:  Guilty.
	Charge II:  Violation of the UCMJ, Article 87 (missing movement) on 28 August 2002, missed the movement of USS MAINE (SSBN 741)(GOLD).  Plea:  Guilty to the lesser included offense of missing movement through neglect.  Finding:  Guilty.
	Charge III:  Violation of the UCMJ, Article 112a (wrongful use of controlled substance) on 20 December 2002, used marijuana.  
Plea:  Guilty.  
Finding:  Guilty.
	Sentence:  Confinement for 150 days, reduced in rank to E-1.
	The terms of the pre-trial agreement:  Confinement may be approved as adjudged; however, any confinement in excess of ninety (90) days will be suspended for a period of one year from the date that the sentence is announced.
	
030224:	Applicant notified of the intended recommendation for his discharge with the least favorable characterization of service as under other than honorable conditions by reason of misconduct due to the commission of a serious offense and misconduct due to drug abuse.

030226:	Applicant elected not to consult with counsel and to waive all rights.

030227:	Officer in Charge, Submarine Group 10 Transient Division recommended to Commander Submarine Group Ten the discharge of STSSN R_ (Applicant) under other than honorable conditions by reason of misconduct due to drug abuse and misconduct due to the commission of a serious offense.  Commanding Officer’s comments:  “Recommend administrative separation from the Naval Service with a characterization of service of Other Than Honorable by reason of Misconduct - Drug Abuse and Misconduct - Commission of a Serious Offense.  STSSN R_(Applicant) has no potential for future service.”

030228:	Commander, Submarine Group 10 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 20030312 by reason of misconduct due to drug abuse (A and B) with a service characterization of under other than honorable conditions.  After a thorough review of all available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and 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.  Applicable regulations require that a Sailor’s characterization of service be based upon the member’s total performance of duty and conduct during the current enlistment.  The Applicant’s service record documented Special Court Martial for violations of the UCMJ, Article 85 (desertion), Article 87 (missing movement), and Article 112a (wrongful use of a controlled substance).  Separations under these conditions generally result in an under other than honorable conditions characterization of service.  The Board could discern no impropriety or inequity.  Relief denied.

Despite a servicemember’s prior record of service, certain serious offenses warrant separation from the naval service.  There are circumstances where conduct or performance of duty reflected by a single adverse incident may form the basis for administrative discharge and the characterization of a Sailor’s overall service.  Processing for separation is mandatory for sailors who abuse illegal drugs, the misconduct for which that Applicant was discharged.   The evidence of record clearly documents the Applicant’s blatant disregard for authority and does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions.  The Applicant’s service prior to his drug use does not excuse him of responsibility for the misconduct that resulted in his discharge.  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.  The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time.  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 Present, Article 1910-146 (formerly 3630620), Separation by Reason of Misconduct - Drug Abuse.

B.  The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for each violation of the UCMJ, Article 85, 87, and 112a.

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

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

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