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

    

 ex-FR, USN
Docket No. ND99-00909

Applicant’s Request

The application for discharge review, received 990625, 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 000331.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the 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 3630620.

The NDRB did note an administrative error on the original DD Form 214.  Block 25, Separation Authority should read:  “MPM. 3630620” vice “MPM. 3630600 & CON NTC LTR 96086.”  Block 26, Separation Code, should read “HKK” vice “HKA.”  Block 28, Narrative Reason, should read “MISCONDUCT” vice “PATTERN OF MISCONDUCT.”  The original DD Form 214 should be corrected or reissued as appropriate.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION
  
Issues (verbatim)

1.  I would like the board to review my documents to request a change in discharge.

Documentation

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

Job/character reference dated July 18, 1999
Copy of Certificate of Appreciation dated March 30, 1996
Copy of Letter of Commendation for February to March 1996

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	950714 - 950814	COG

Period of Service Under Review:

Date of Enlistment:  950815		Date of Discharge:  960814

Length of Service (years, months, days):
 
	Active:    01  00  00
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  36

Highest Rate:  FA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMA			Behavior:  NMA		OTA:  NMA

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM 

Days of Unauthorized Absence:  6 

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, PATTERN OF MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

960429:	Self-referral for rehabilitation.

960503:	Alcohol and Drug Evaluation Interview: Does not meet criteria for Dx of chem dependence.  Recommendation:  Level 1 (prevent class).  Other: Does not seem to understand how use of marijuana & potential of OTH separation could affect his future - definitely has an administrative problem.

960507:	NAVDRUGLAB Great Lakes, IL reported urine sample received 30Apr96 tested positive for THC.

960610:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 0715, 28MAY96 until 0715, 2JUN96 (5 days).
	Award:  Forfeiture of $250 per month for 1 month, restriction and extra duty for 45 days.  Restriction and extra duty suspended for 4 months.  No indication of appeal in the record.

960624:	NJP for violation of UCMJ, Article 86 (2 specs): (1) Absent from appointed place of duty 1000, 12JUN96, (2) Unauthorized absence 0715, 17JUN96 until 0715, 18JUN96 (1 day), violation of UCMJ Article 112A: Wrongfully used marijuana between 03MAY96 to 3JUN96.
	Award:  Forfeiture of $490.35 per month for 2 months, restriction and extra duty for 45 days.  No indication of appeal in the record.

Undated:	Drug and Alcohol Abuse Report:  Front of document is blank with the exception of applicant's SSN hand-written at top of page and best document available stamped on it.  Comments:  19 yr old male with 8 mos. TAS, self referred for drug use and then had (2) positive urinalysis for (THC).  Member was found to be not dependent, and will be separated.  Member has no potential for further naval service.

960717:	NJP for violation of UCMJ, Article 112A (2 specs):  (1) Wrongfully used marijuana between 19MAY96 and 19JUN96, (2) Wrongfully used cocaine between 19MAY96 and 19JUN96.
	Award:  Forfeiture of $437.40 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1.  No indication of appeal in the record.
	    
960726:	Commanding Officer, Transient Personnel Unit, Great Lakes notified applicant of intended recommendation for discharge under Other Than Honorable conditions by reason of Misconduct due to Drug abuse and Misconduct due to a Pattern of misconduct as evidenced by all punishments under the UCMJ in your current enlistment.

960726:	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.

960731:	Commanding officer recommended discharge under Other Than Honorable conditions by reason of Misconduct due to Drug abuse and Misconduct due to a Pattern of misconduct. 

960806:	Commander, Naval Training Center, Great Lakes directed the applicant's discharge under Other Than Honorable conditions by reason of Misconduct due to a Pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960814 under Other Than Honorable conditions for Misconduct due to a Pattern of misconduct (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 determined the applicant had committed a pattern of misconduct due to repeated drug use.  The Board discovered several errors on the applicant’s DD 214.  The separation authority should be changed to MPM. 3630620, the separation code should be changed to HKK and the narrative reason for separation should read Misconduct.  The Board found that the discharge was proper and equitable (C and D).

In the applicant’s issue 1, the Board determined this issue is without merit.  The applicant request’s the Board review his documents and change his discharge.  The Board did review the applicant’s service record and all documents that pertain to this case and determined the discharge was improper.  On 6 August 1996, the Commander, Naval Training Center, Great Lakes directed the applicant be discharged with an Other Than Honorable for Pattern of misconduct, which is also reflected on the applicant’s form DD-214.  Prior to this directive, 

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C, Change 9, effective 
22 Jul 94 until 02 Oct 96), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – A PATTERN OF MISCONDUCT.

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