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

FOR OFFICIAL USE ONLY

ex-ADAA, USN
Docket No. ND06-00358

Applicant’s Request

The application for discharge review was received on 20060103.  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 20061102.  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 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:

“Change discharge to Honorable”

Documentation

In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:

Applicant’s DD Form 214 (Member 4)
Six pages from applicant’s service record
The United States Naval Air Forces, Certificate of Training completion of ORM Fundamentals, dtd May 11, 2003
Commander Enterprise Carrier Strike Group, Flag Letter of Commendation, dtd April 12, 2004
Commanding Officer, USS ENTERPRISE (CVN 65), Letter of Commendation, dtd January 30, 2004
Evaluation Report and Counseling Record for period from July 16, 2003 to July 15, 2004 (3)
Evaluation Report and Counseling Record for period from September 1, 2002 to July 15, 2003 (2)
Evaluation Report and Counseling Record for period from August 31, 2001 to August 31, 2002
Commanding Officer, Naval Air Technical Training Center, Letter of Appreciation, dtd February 11, 2002

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	20010328 - 20010627	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20010628		Date of Discharge:  20050519

Length of Service (years, months, days):

	Active:    03  10  22
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  18

Years Contracted:  4 (12-month extension)

Education Level:  12				AFQT:  41

Highest Rate:  AD3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  4.0 (4)			Behavior:  3.0 (4)		OTA:  3.54

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, Global War on Terrorism Expeditionary Medal.

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT (DRUG ABUSE), authority: MILPERSMAN, Article 1910-146, formerly 3630620.

Chronological Listing of Significant Service Events: 

010328:	Applicant briefed on Navy's policy of drug and alcohol abuse.

021127:	NJP for violation of UCMJ, Article 134:  (Fleeing the scene of an accident).
Violation of UCMJ, Article 92: (Failure to obey a lawful order/regulation).
	Award:  Forfeiture of ½ months pay for 2 months, extra duty for 45 days, reduction to E-2.  Punishments suspended for 6 months.  No indication of appeal in the record.

021218:	Applicant successfully completed the alcohol “IMPACT” program.

050120:	Civil Conviction:  Chesapeake General District Court Traffic Division for violation of reckless driving.
	Date of offense:  041116.
	Sentence:  Fine $170.00, court cost $77.00.

050216:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable by reason of misconduct - drug abuse.

050216:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

050310:	Applicant’s voluntary statement.

050317:	NJP for violation of UCMJ, Article 112a:  Wrongful use of marijuana on 050216.
	Award:  Forfeiture of $722.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2.  No indication of appeal in the record.

050329:	Commanding Officer, USS ENTERPRISE (CVN 65), recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.  Commanding Officer’s comments:  “On 050216, ADAA D_(applicant) elected to waive his right to an administrative discharge board.  ADAA D_’s misconduct indicates he does not have the potential for further naval service.  Accordingly, I recommend that he be discharged from the naval service for misconduct due to drug abuse.  I further recommend that his characterization of service be Other Than Honorable.”

050406:	SARP discharge summary.
	Axis I:  cannabis dependant, alcohol dependant, nicotine dependant
	Axis II:  No diagnosis
	Axis III:  No diagnosis
	Recommendation:  participate fully in you continuing care plan from NMPC SARP
	DAPA, participation in formal after care meetings
	Report to primary care physician for follow-up

050412:	Commander, Carrier Strike Group TWELVE, informed Commanding Officer, USS ENTERPRISE (CVN 45) of granting Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

050515:	Applicant found medically qualified for separation.

050519:	Applicant discharged.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20050519 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 the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).  

The Applicant requests upgrade of his discharge to honorable.  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 significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record.  The Applicant’s service was marred by a civilian conviction for reckless driving and two nonjudicial punishment proceedings for violations of UCMJ Articles 92 (failure to obey order), 112a (use of a controlled substance), and 134 (fleeing scene of accident).  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.  Additionally, violations of Articles 92, 112a, and 134 are considered serious offense for which a punitive discharge is authorized at courts martial.  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 and falls far short of that required for an upgrade of his characterization of service.  Relief is not warranted.

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), Change 11, effective 
29 April 2005 until Present, Article 1910-146, 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 violation of the UCMJ, Articles 92 (failure to obey order), 112a (use of a controlled substance), and 134 (fleeing scene of accident).

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