ex-AA, USN

                  Current Discharge and Applicant’s Request

Application Received: 20090421
Characterization of Service Received:
Narrative Reason for Discharge:  (DRUG ABUSE)
Authority for Discharge:  MILPERSMAN

Applicant’s Request:  Characterization change to:
                   Narrative Reason change to:

                             Summary of Service
Prior Service:
Inactive:   USNR (DEP) 20030509 - 20030626   Active:

Period of Service Under Review:
Date of Enlistment:  20030627     Age at Enlistment:
Period of Enlistment:   Years   Extension
Date of Discharge:  20050908 Highest Rank/Rate:  AA
Length of Service:   Year(s)     Month(s)   00 Day(s)
Education Level:       AFQT:  37
Evaluation Marks:      Performance:  3.0 (1) Behavior:  3.0 (1)     OTA:
3.00
Awards and Decorations (per DD 214):

Periods of UA: 20040405 - 20040518 (44 days); 20040815 - 20041108 (84
days); 20041108 - 20041109 (1 day);
                20050823 - 20050908 (17 days) - DISCHARGED IN ABSENTIA on
      20050909
             CONF: 20041222-20050106 (16 days)

NJP:   (and 1 pending)
    - 20040623:  Article 86 (Unauthorized absence: 44 days)
      Article 87 (Missing movement)
      Awarded:     Suspended:
    - 20050816 (pending): Article 112a (Wrongful use of a controlled
             substance, marijuana)

SCM:
    - 20050106:  Article 86 (Unauthorized absence, 2 specifications, 84
             days, 1 day)
      Article 87 (Missing movement)
      Sentence:   (20041222-20050106, 16 days)

SPCM:          CC:

Retention Warning Counseling:
    - 20040623:  For unauthorized absence and missing movement.

                    Types of Documents Submitted/reviewed

Related to Military Service:
                                         DD 214:    Service/Medical Record:
              Other Records:
Related to Post-Service Period:
      Employment:                 Finances:
Education/Training:
      Health/Medical Records:           Substance Abuse:
Criminal Records:
      Family/Personal Status:           Community Service:
References:
              Additional Statements:
                             From Applicant:       From Representation:
      From Congress member:
                    Other Documentation:

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

                             Applicant’s Issues
1.  Wants to return to the military.

                                  Decision

Date:  20090618        Location:  Washington D.C.  Representation:

By a vote of  the Characterization shall  .
By a vote of  the Narrative Reason shall  MISCONDUCT (DRUG ABUSE).

                                 Discussion

The NDRB, under its responsibility to examine the propriety and equity of
an Applicant’s discharge, is authorized to change the character of service
and the reason for discharge if such change is warranted.  In reviewing
discharges, the Board presumes regularity in the conduct of Government
affairs unless there is substantial credible evidence to rebut the
presumption, to include evidence submitted by the Applicant.  The
Applicant’s record of service was marred by one retention warning; one non-
judicial punishment (NJP) for violations of Uniform Code of Military
Justice (UCMJ) Article 86 (unauthorized absence (UA), 44 days) and Article
87 (missing movement); one pending NJP for violation of Article 112a
(wrongful use of a controlled substance, marijuana); and one summary court-
martial (SCM) for violations of Article 86 (UA, 2 specifications, 84 days,
1 day) and Article 87 (Missing movement).  The Applicant did not require a
pre-service drug waiver.  On 16 August 2005, the Applicant’s command
received a positive urinalysis result and initiated a second NJP for the
Applicant.  On 19 August 2005, the Applicant was notified on his
administrative separation processing, at which time he waived his rights to
consult with qualified counsel, submit a written statement, and request an
administrative board.  On 23 August 2005, the Applicant went UA prior to
his second NJP and never returned.  The command discharged the Applicant in
absentia on 9 September 2005.

:  The NDRB has no jurisdiction over reenlistment, reentry, or
reinstatement into the Navy, Marine Corps, or any other branch of the Armed
Forces, and is not authorized to change a reenlistment code.  Only the
Board for Correction of Naval Records (BCNR) can make changes to
reenlistment codes.  Additionally, the NDRB has no authority to upgrade a
discharge for the sole purpose of enhancing reenlistment opportunities.  An
unfavorable “RE” code is, in itself, not a bar to reenlistment.  A request
for a waiver can be submitted during the processing of a formal application
for reenlistment through a recruiter.

Summary:  After a thorough review of the available evidence, to include the
Applicant’s summary of service,  record entries, and discharge process, the
Board found   Therefore, the awarded characterization of service shall
remain Under Other Than Honorable, and the narrative reason for separation
shall remain Misconduct (Drug Abuse).

The Applicant remains eligible for a personal appearance hearing for a
period of fifteen years from the date of his discharge.  The Applicant is
directed to the Addendum, specifically the paragraphs titled Additional
Reviews and Automatic Upgrades.

                          Pertinent Regulation/Law

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.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval
Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211,
Regularity of Government Affairs, Part V, Para 502, Propriety and Para 503,
Equity.

C.  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 UCMJ Article 86 (UA for more than
30 days), Article 87 (missing movement) and Article 112a (wrongful use of a
controlled substance).


                  ADDENDUM:  Information for the Applicant

Complaint Procedures:  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 Instruction
1332.28, you may submit a complaint in accordance with Enclosure (5) of
that Instruction to the Joint Service Review Activity, OUSD (P&R) PI-LP,
The Pentagon, Washington, DC  20301-4000.  You should read Enclosure (5) of
the Instruction 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 Instruction
1332.28 and other Decisional Documents by going online at
“http://Boards.law.af.mil.”

Additional Reviews:  Subsequent to a document review, former members are
eligible for a personal appearance hearing, provided the 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.  If a former member has been discharged for more than 15 years,
has already been granted a personal appearance hearing or has otherwise
exhausted his opportunities before the NDRB, the Applicant may petition the
Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC
20370-5100 for further review.

Service Benefits:  The Veterans Administration determines eligibility for
post-service benefits, not the Naval Discharge Review Board.  There is no
requirement or law that grants recharacterization solely on the issue of
obtaining Veterans' benefits and this issue does not serve to provide a
foundation upon which the Board can grant relief.

Employment/Educational Opportunities:  The NDRB has no authority to upgrade
a discharge for the sole purpose of enhancing employment or educational
opportunities.  Regulations limit the NDRB’s review to a determination of
the propriety and equity of the discharge.

Reenlistment/RE-code:  Since the NDRB has no jurisdiction over
reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any
other of the Armed Forces, the NDRB is not authorized to change a
reenlistment code.  Only the Board for Correction of Naval Records (BCNR)
can make changes to reenlistment codes.  Additionally, the NDRB has no
authority to upgrade a discharge for the sole purpose of enhancing
reenlistment opportunities.  An unfavorable “RE” code is, in itself, not a
bar to reenlistment.  A request for a waiver can be submitted during the
processing of a formal application for reenlistment through a recruiter.

Medical Conditions and Misconduct:  DoD disability regulations do not
preclude a disciplinary separation.  Appropriate regulations stipulate that
separations for misconduct take precedence over potential separations for
other reasons.  Whenever a member is being processed through the Physical
Evaluation Board, and subsequently is processed for an administrative
involuntary separation or is referred to a court martial for misconduct,
the disability evaluation is suspended.  The Physical Evaluation Board case
remains in suspense pending the outcome of the non-disability proceedings.
If the action includes either a punitive or administrative discharge for
misconduct or for any basis wherein an Other Than Honorable Discharge is
authorized, the medical board report is filed in the member’s terminated
health record.  Additionally, the NDRB does not have the authority to
change a narrative reason for separation to one indicating a medical
disability or other medical related reasons.  Only the Board for Correction
of Naval Records can grant this type of narrative reason change.

Automatic Upgrades - 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 civilian life subsequent to leaving Naval service.  The
NDRB is authorized to consider post-service factors in the
recharacterization of a discharge to the extent such matters provide a
basis for a more thorough understanding of the Applicant’s performance and
conduct during the period of service under review.  Examples of
documentation that may be provided to the NDRB include proof of educational
pursuits, verifiable employment records, documentation of community
service, credible evidence of a substance free lifestyle and certification
of non-involvement with civil authorities.

Issues Concerning Bad-Conduct Discharges (BCD) – Because relevant and
material facts stated in a court-martial specification are presumed by the
NDRB to be established facts, issues relating to the Applicant’s innocence
of charges for which he was found guilty cannot form a basis for relief.
With respect to a discharge adjudged by a special court-martial, the action
of the NDRB is restricted to upgrades based on clemency.  Clemency is an
act of leniency that reduces the severity of the punishment imposed.  The
NDRB does not have the jurisdictional authority to review a discharge or
dismissal resulting from a general court-martial.

Board Membership:  The names and votes of the members of the NDRB 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