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

 ex-RMSR, USN
Docket No. ND99-00926

Applicant’s Request

The application for discharge review, received 990630, 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 000317.  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 – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  In May of 1991 I made the decision of joining the United States Navy.  It was my intention to serve my country for 4 years while earning the GI Bill and goes to college then go to highway patrol school in Texas.  About 19 months into my term with the Navy I made the mistake of messing with substances I should not have.  I have never been in trouble before or after the military.  If I could I would love to come back and finish my time with service.  I have tried and I cannot.  I am currently trying to peruse a career as a fire fighter in the Dallas area.  I have held a job for 4 years now and am on the Wolfe City, TX volunteer fire department for nearly a year now.  I have enclosed 2 documents showing some of the classes I have taken for the Department.  The Fire Academy requires military personnel to have honorable discharge before you can attend.  I am asking for a second chance to serve again.  I think everyday of the mistake I made I can’t change the past.  Thank you for taking the time to review my application for discharge upgrade.

Documentation

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

Certificate of completion of Bonham Basic Fire Training dated April 30, May 1, 1999
Certificate of achievement dated April 30, May 1, 1999

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	890628 - 900623	ELS
		   USNR (DEP)	910429 - 910520	COG

Period of Service Under Review:

Date of Enlistment:  910521		Date of Discharge:  921123

Length of Service (years, months, days):

	Active:    01  06  03
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  44

Highest Rate:  RMSA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.40 (1)	Behavior:  1.00 (1)		OTA: 1.00

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SASM with Bronze Star

Days of Unauthorized Absence:  3 

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Drug abuse (Use), authority:  NAVMILPERSMAN, Article 3630620.

Chronological Listing of Significant Service Events:

910521:	Applicant briefed on Navy policy on drug and alcohol abuse.

921013:	NAVDRUGLAB, reports urine sample received 16Sep92 tested positive for THC.

921015:	Medical evaluation for drug abuse found the applicant to be neither psychologically nor physiologically drug dependent.   

921016:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 0715, 11Sep92 to 0700, 14Sep92 (3 days/S), violation of UCMJ Article 112A: Wrongful use of a controlled substance, to wit: marijuana.
	Award:  Forfeiture of $392 per month for 2 months, restriction and extra duty for 45 days, reduction to RMSR.  No indication of appeal in the record.

921021:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by CO's NJP held on 16 October 1992.

921021:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

921022:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). 

921104:	BUPERS 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 921123 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 following is provided for the applicant’s edification.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge.  The applicant must be aware that 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 is reminded that he 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 highly recommended.

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 04 Mar 93, Article 3630620, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT DUE TO 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 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, DC  20374-5023