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

 ex-RMSA, USN
Docket No. ND99-00411

Applicant’s Request

The application for discharge review, received 990127, 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 991206.  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 - 142 (formerly 3630605).

The NDRB did note an administrative error on the original DD Form 214.  Block 25, Separation Authority should read:  “Article 1910-142 (formerly 3630605)” vice “3630600”.  The original DD Form 214 should be corrected or reissued as appropriate. 

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank. 

Documentation

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

Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive:  USNR (DEP)	941217 - 941227	COG

Period of Service Under Review:

Date of Enlistment:  941228		Date of Discharge:  980212

Length of Service (years, months, days):

	Active:    03  01  15
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  56

Highest Rate:  RM3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.75 (4)	Behavior:  3.50 (4)		OTA:  3.24 (5.0 eval)

Military Decorations:  None

Unit/Campaign/Service Awards:  AFSM(2), AFEM, NUC, SSDR(2), NDSM, NATO

Days of Unauthorized Absence:  9 

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  NAVMILPERSMAN, Article 1910-142 (formerly 3630605).

Chronological Listing of Significant Service Events:

971006:	Applicant to unauthorized absence 0630, 6Oct97.

971007:	Applicant from unauthorized absence 0715, 7Oct97 (1 day/surrendered).

971103:	Applicant to unauthorized absence 0630, 3Nov97.
971104:	Applicant from unauthorized absence 1730, 4Nov97 (1 day/surrendered).

971205:	Applicant to unauthorized absence 0630, 5Dec97.

971212:	Applicant from unauthorized absence 1250, 12Dec97 (7 days/surrendered).

971231:	NAVDRUGLAB Jacksonville, FL], reported applicant’s urine sample, received 971222, tested positive for marijuana.

980114:	Drug and Alcohol Abuse Report: On file, but incomplete.

980115:	Summary Court-Martial.
	Charge I: violation of the UCMJ, Article 112A.
	Specification: Wrongful use of marijuana on 12Dec97.
	Finding:  to Charge I and the specification thereunder, guilty.
	Sentence:  Forfeiture of $692.00, confinement for 30 days, reduced to RMSA.
	CA action 980121:  Sentence approved and ordered executed.

980115:	Applicant found fit for confinement.

980116:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse, and misconduct due to the commission of a serious offense.

980116:  	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.

980130:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and misconduct due to drug abuse.  Commanding officer’s comments (verbatim): RMSA (applicant) is being processed for misconduct due to commission of a serious offense and misconduct due to drug abuse.  He has demonstrated his inability to adapt to the Navy's environment and has no potential for further naval service.  I recommend his separation from the naval service with a discharge characterized as other than honorable.

980205:	Commander, Carrier Group EIGHT directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
980208:	Applicant released from confinement and returned to full duty.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980212 under other than honorable conditions for misconduct due to commission of a serious offense (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 introduced no decisional issues for consideration by the Board.

Pertinent Regulation/Law (at time of discharge)
A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 
12 Dec 97 until Present, Article 1910-142  [formerly 3630605]. SEPARATION BY REASON OF MISCONDUCT- COMMISSION OF A SERIOUS OFFENSE.

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 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 Street SE Rm 309
		Washington, D.C.  20374-5023