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NAVY | DRB | 1999_Navy | ND99-00005
Original file (ND99-00005.rtf) Auto-classification: Denied


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

ex-FTGSN, USN
Docket No. ND99-00005

Applicant’s Request
The application for discharge review, received 981001, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 990913. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Separation in lieu of trial by court martial, authority: NAVMILPERSMAN, Article 3630650.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues
Please accept this letter as evidence of reason why I feel that my military discharge should be review and upgraded.

As the record will show, I was given an Other Than Honorable discharge in 1984 as a result of a drug test that tested positive for marijuana use. It is not my intention to contest the result of that test, because it was, in fact, accurate. However, I feel that it is important that you take into account my military record prior to that time.

For nearly ten years I served this country diligently and honorably, and I believe that my record reflects that. I received consistently high evaluations, and moved through the ranks at a better than average speed. I served with great pride, and would certainly have continued to have made the military my career had this unfortunate incident not occurred.

I don't deny that I did on occasion use marijuana. I am not proud of that fact, but I can't pretend that it did not happen. I don't know why I allowed this illicit drug to become a part of my life. Perhaps it was my age and maturity level at the time. Whatever the reason, I greatly regret having let it effect my life the way it did. The only good thing that came out of the terrible circumstances surrounding my discharge was that it caused me to truly open my eyes and to eliminate marijuana from my life forever. Since that time I have lived a clean and relatively successful life. I have returned to college to earn my degree, married and purchased a home, and have worked each and every day to do my part to make my community a better place to live by being the best citizen I can be.

My intent here is not to have my discharged upgraded so that I can receive benefits, although that would certainly be wonderful. My true desire is to be able to spend the rest of my life with the knowledge that I truly did serve my country with honor. I hope that you will allow me this by granting my request and upgrading my discharge to Honorable.

Thank you in advance for your consideration in this matter, and I greatly look forward to receiving your response.

Documentation
NO DISCHARGE PACKAGE in the service record and no additional documentation submitted by the applicant.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        750409 - 790905  HON
                  USN                       790906 - 830707  HON
         Inactive: USNR            750326 - 750408  COG

 Period of Service Under Review :
Date of Enlistment: 830708               Date of Discharge: 841214

 Length of Service (years, months, days):

         Active: 01 05 07
         Inactive: None

 Age at Entry: 19                          Years Contracted: 6

 Education Level: 12                        AFQT: 62

 Highest Rate: FTG1

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.40 (1)    Behavior: 2.60 (1)                OTA: 2.60

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/separation in lieu of trial by court martial, authority: NAVMILPERSMAN, Article 3630650.

 Chronological Listing of Significant Service Events :

830708:  Reenlisted at SSC NTC GLAKES IL for 6 years.

 840814:  Reported to USS STUMP (DD-978), on 840927 a unit sweep detected THC in his urine. He subsequently requested and received and Other Than Honorable Discharge in lieu of trial by court-martial. In his request he admitted using marijuana for several years.

841123:  Medical officer indicates applicant is fully aware of the proceeding against him, found that a psychological evaluation was not necessary.

841214:  Discharged Under Other Than Honorable Conditions by reason of Separation in Lieu of Trial by Court Martial.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 841214 under other than honorable conditions in lieu of a trial by court-martial (A and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).

The applicant’s issue requests Board consideration of past honorable service and expressed regret over having used illicit drugs during this enlistment. The Board cannot permit relief based on these facts. The applicant’s past honorable service has been recognized with two previous Honorable Discharges. Unfortunately the applicant’s eight years of previous honorable service cannot mitigate or change the characterization of the discharge in this case. An error or injustice must exist in the period of enlistment under review to effect the requested change. There was nothing in the records, nor did the applicant provide any documentation, to indicate an error of fact, law, procedure, or discretion existed at the time of discharge. The Board also requested a copy of the Administrative Discharge Package from the applicant to review. Absent this package, the Board was unable to review these documents and must presume regularity in the conduct of this Administrative Discharge Board. Additionally, in his letter the applicant admits guilt and regrets using illicit drugs during this enlistment. Accordingly, there is no basis for relief and no other Character of Service could more clearly describe why the applicant was discharged. To upgrade the discharge to honorable would be inappropriate.
However, the applicant is reminded that he remains eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.


Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560), Change 10/83, effective 05 Nov 83 until 30 Jun 85, Article 3630650, PROCEDURES FOR PROCESSING ENLISTED PERSONNEL FOR SEPARATION IN LIEU OF TRIAL BY COURTMARTIAL.

B. A punitive bad conduct discharge may be adjudged for violation of the Uniform Code of Military Justice, Article 112a, Wrongful use of a controlled substance upon conviction by a Special or General Court-Martial, in accordance with the Manual for Courts-Martial.

C. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

D. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

E. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

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 obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809

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:

                  Naval Council of Personnel Boards
                  Attn: Naval Discharge Review Board
                  Washington Navy Yard
                  720 Kennon St SE Rm 309
                  Washington, D.C. 20374-5023     


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