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

 ex-ETSN, USN
Docket No. ND99-01027

Applicant’s Request

The application for discharge review, received 990727, 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 000411.  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.

The NDRB did note an administrative error on the original DD Form 214.  Block 25, Separation Authority should read:  “NAVMILPERSMAN 1910-146” vice “MILPERSMAN 3630620”.  The original DD Form 214 should be corrected or reissued as appropriate. 

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  My discharge is improper because during my two years of service I never was punished or charged with no other actions.  Also before entering the service I told my recruiter of my problem, and he said "just say you tried it once".  I never put my shipmates in danger.  I was a well liked person by my shipmates.  I hate that my boat is out to sea for an extended amount of time, so I can't send any statements from my LPO, CPO, & C.O.  Please reconsider the discharge which I have been given.  Thank you for your time.

Documentation

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

Copy of DD Form 214
Copy of Evaluation Report and Counseling Record for 97Mar01 to 97Jun03

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	960112 - 960314	ELS
		   USNR (DEP)	960318 - 960319	COG

Period of Service Under Review:

Date of Enlistment:  960320		Date of Discharge:  980515

Length of Service (years, months, days):

	Active:    02  01  26
	Inactive:  None

Age at Entry:  23			Years Contracted:  4

Education Level:  14			AFQT:  48

Highest Rate:  ETSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.00 (1)	Behavior:  4.00 (1)		OTA:  3.33	5.0 evals

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:

980317:	NAVDRUGLAB, Jacksonville, FL reported urine sample received 980302 tested positive for Tetrahydrocannabinol.

980323:	NJP for violation of UCMJ, Article 112A: Wrongful use of marijuana.
	Award:  Forfeiture of $500 per month for 2 months, reduction to ETSN.  No indication of appeal in the record.

980325:	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 on 23 March 1998 for violation of UCMJ Article 112a.

980326:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

980413:	Drug and Alcohol Abuse Report: Marijuana abuse, less than monthly, unit sweep urinalysis 980225, ashore off duty.  Commanding officer recommended separate not via VA hospital.  Comments: Found ETOH dependent.  Declined treatment.  Processing for separation.

980417:	Medical evaluation for drug abuse found the applicant to be psychologically ETOH and marijuana dependent.  Recommend Level III treatment

980420:	Applicant informed was found to be alcohol dependent and declined treatment.

980814:	Commanding officer advised CNPC that discharge under other than honorable conditions by reason of misconduct due to drug abuse (use) was made on 15 May 1998.

980827:	CNPC noted discharge in correspondence record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980525 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 states:  “My discharge is improper because durning my two years of service I never was punished or charged with no other actions.  Also before entering the service I told my recruiter of my problem, and he said "just say you tried it once".  I never put my shipmates in danger.  I was a well liked person by my shipmates.  I hate that my boat is out to sea for an extended amount of time, so I can't send any statements from my LPO, CPO, & C.O.  Please reconsider the discharge which I have been given.  Thank you for your time.”  The NDRB found the applicant’s NJP for wrongful use of marijuana and subsequent processing for discharge were proper, and the other than honorable discharge was equitable.  Relief not warranted. 

Pertinent Regulation/Law (at time of discharge)

A.  The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 Dec 97 to 19 May 99, 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 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