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NAVY | DRB | 2001_Navy | ND01-00323
Original file (ND01-00323.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND01-00323

Applicant’s Request
The application for discharge review, received 010123, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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 010629. 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/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues
1. Application for the Review of Discharge of T. R. G, SSN (Attachment)
Bottom-line upfront I made the mistake of smoking part of a marijuana cigarette while home of leave during the Fall of 1999. Although I am not now, nor have I ever been a habitual user of drugs, I did in fact, on that occasion, make the foolish decision to jeopardize my military career and par-take of the (illegal) partial cigarette. You cannot imagine how sorry I am for that singular mistake. I feel the utmost remorse due to the unfavorable discharge I received. I cannot define contrition, but I would rather feel contrition than know how to define it. I successfully participated in all Navy/shipboard operations during my Navy career and constantly received the oral praise of my superiors. As my military files reflect, I received a significant amount of military training and felt great pride in being part of the proud tradition of the U.S. Navy. I enjoyed the camaraderie, sense of accomplishment, team achievement and even the military discipline that is necessary in the Navy culture. With the exception of that one incident where admittedly, I made the worst mistake of my life, I served the Navy with honor and distinguished myself enough that one of my ship's officers, Ltjg E__ M. K___ cited me as "one of the most capable and versatile workers in the Department since his arrival." Ltjg K___ went on to state, "his [contributions] made him a valuable member of every team he worked with." Ltjg _____'s comments would be significant in any context, but when one considers that I was being processed for discharge at the time of his letter of I December 1999, it emphasizes my contributions, value to the Navy, and the honorable character of my service. I sincerely regret the mistake for which I was solely responsible. The penalties I am now paying and will pay for the remainder of my life are almost insurmountable, but the greatest penalty is not being able to remain a part of the Navy team. Based on the penalties I have paid, and my substantiated (i.e., the letter from Ltjg K___) honorable service, I respectfully request that my discharge be changed to General Under Honorable Conditions. Sincerely,

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Reference Letter

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     980902 - 980923  COG

 Period of Service Under Review :
Date of Enlistment: 980924               Date of Discharge: 991223

 Length of Service (years, months, days):

         Active: 01 03 00
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 40

 Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.50 (2)    Behavior: 2.00 (2)                OTA: 3.00

 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/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly 3630620.

 Chronological Listing of Significant Service Events :

980902:  Initial enlistment contract documents admission of pre-service marijuana possession. Enlistment waiver granted. Applicant briefed upon and certified understanding of Navy's policy concerning illegal use of drugs.

991109:  Navy Medical Center San Diego, urinalysis screening indicates applicant tested positive for THC.

991118:  NJP for violation of UCMJ, Article 112a: Wrongful use of controlled substance.
         Award: Forfeiture of $537.00 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
991129:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

991129:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
991129:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

991207:  COMPHIBGRU THREE directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 991223 under other than honorable conditions for misconduct due to drug abuse (use) (A). The Board presumed regularity in the conduct of governmental affairs (B). 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’s issue was his letter describing the circumstances of his discharge and his regret for his misconduct. The Board found the applicant’s issue non decisional.

The NDRB is authorized to consider post-service factors in the re characterization of a discharge. 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 the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB. The applicant failed to provide documentary evidence to demonstrate his sobriety, positive community service, employment history, and clean police record. Relief is not warranted.

The applicant is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is recommended




Pertinent Regulation/Law (at time of discharge)

 A . The Naval Military Personnel Manual, (NAVPERS 15560C), Change 24, effective 20 May 99 until 26 March 2000, Article 1910-146 (formerly 3630620), Separation by Reason of Misconduct - Drug Abuse.

B. 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.

C. 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.

D. 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 view DoD Directive 1332.28 and other Decisional Documents by going online at " afls10.jag.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:

                  Naval Council of Personnel Boards
                  Attn: Naval Discharge Review Board
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023      

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