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Docket No. ND06-00405

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

FOR OFFICIAL USE ONLY

 ex-SR, USN
Docket No. ND06-00405

Applicant’s Request

The application for discharge review was received on 20060119.  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 20061108.  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

No issues were submitted by the Applicant.

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)	19960228 - 19961105	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19961106		Date of Discharge:  19980213

Length of Service (years, months, days):

	Active:    01  03  08  (Does not exclude lost time.)
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence: 9 days
	Confinement:		  None

Age at Entry:  22

Years Contracted:  4 

Education Level:  12				AFQT:  38

Highest Rate:  AA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.6 (1) 		Behavior:  4.0 (1) 			OTA:  3.60 

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

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: 

960628:	Enlisted waiver granted by CDR Z_ for non-minor misdemeanor (1x driving under the influence of alcohol) on 960628.  BAC .072.

971229:	Applicant to unauthorized absence [Extracted from block 29 DD Form 
                        214].

980107:	Applicant from unauthorized absence [Extracted from block 29 DD Form 
                        214].

980115:	NJP for violation of UCMJ, Article 86:
Award:  Forfeiture of $150.00 pay per month for 2 months, restriction and extra duty for 20 days, reduction to E-2.  No indication of appeal in the record.

980127:	NJP for violation of UCMJ, Article 112a:
Award:  Forfeiture of $450.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-1.  No indication of appeal in the record.

980209:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by one violation of UCMJ, Article 112A, wrongful use of a controlled substance.

980212:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to submit statements on own behalf either verbally or in writing, to obtain copies of the documents used to support the basis for the separation and the right to a minimum of 2 working days to respond to the Notice of Notification Procedure Proposed Action.  Election of this right requires that I date and sign this document 2 working days later than the receipt date of this Letter of Notification.  If my signature is dated earlier than the above stated time, this right is considered to be waived.  Applicant did not object to the separation.

980213:	Commanding Officer, USS VICKSBURG (CG 69) recommended to Chief of Naval Personnel (Pers-282) that Applicant be discharged under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by one violation of UCMJ, Article 112A, wrongful use of a controlled substance.  Commanding Officer’s comments:  “SR B_ (Applicant) is being processed for separation from the Naval service by reason of misconduct due to drug abuse as evidenced by one violation of UCMJ, Article 86, unauthorized absence.  He is not suited for the daily rigors of a U.S. Navy warship and cannot be trusted to act professionally or properly under stressful conditions.  It is for these reasons that I am separating SR B_ with the characterization of the discharge being Other Than Honorable.”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19980213 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 introduced no decisional issues for consideration by the Board.

The Applicant is requesting his discharge characterization be change 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 2 nonjudicial punishment proceedings for violation of Article 86 (unauthorized absence) and 112a (wrongful use of a controlled substance) of the UCMJ.  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 18, effective 12 Dec 97 to 19 May 99, 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 violation of the UCMJ, Article 112a (wrongful use of a controlled substance). 

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