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

 ex-AZAN, USN
Docket No. ND99-01069

Applicant’s Request

The application for discharge review, received 990804, 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 000417.  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.  My undesirable discharge was inequitable because it was based on one isolated incident in 7 years of service with no other adverse actions.  I have included with this form a copy of my resume, which shows I have continued on a constant cycle of improvement as a productive citizen.

Documentation

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

Resume (2pgs)
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:   USN			840514 - 890814	HON
	Inactive: USNR (DEP)	840412 - 840514	COG

Period of Service Under Review:

Date of Enlistment:  890815		Date of Discharge:  910412

Length of Service (years, months, days):

	Active:    01  07  28
	Inactive:  None

Age at Entry:  22			Years Contracted:  3 

Education Level:  12			AFQT:  25

Highest Rate:  AZ2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.50 (4)	Behavior:  3.25 (4)		OTA:  3.50

Military Decorations:  None

Unit/Campaign/Service Awards:  SSDR (3RD), NUC, NEM, BATTLE"E"RIBBON, MUC, NDSM 

Days of Unauthorized Absence:  None 

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:

890815:	Reenlisted onboard USS SARATOGA (CV-60) for 3 years.

901217:	NJP for violation of UCMJ, Article 86: Failed to be at prescribed place of duty, to wit: Duty Section Muster.
	Award:  Extra duty for 30 days, reduction to E-4 (suspended for 6 months).  No indication of appeal in the record.

910107:	NAVDRUGLAB,JACKSONVILLE, FL urinalysis report indicates applicant tested positive for THC.

910124:	Reduction in rate to AZ3 vacated due to continued misconduct.

910124:	NJP for violation of UCMJ, Article 112a: Wrongfully use of a schedule I controlled substance.
	Award:  Forfeiture of $500.00 pay per month for 2 months, reduction to E-3.  No indication of appeal in the record.

910124:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your NJP on 910124.

910220:	NAVDRUGLAB,JACKSONVILLE, FL urinalysis report indicates applicant tested positive for THC.

910228:	NAVDRUGLAB,JACKSONVILLE, FL urinalysis report indicates applicant tested positive for THC.

910305:  	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights.

910308:	NJP for violation of UCMJ, Article 112a: Wrongfully use of a schedule I controlled substance.
	Award:  Restricted to barrack 585 for 60 days, reduction to next inferior paygrade (suspended for 6 months).  No indication of appeal in the record.

910313:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use)

910321:	Medical evaluation for drug abuse found the applicant not psychologically or physically drug dependent.

910325:	DAAR indicates marijuana abuse, found not dependent by medical officer, recommended for separation not via VA Hospital.

910404:	CNMPC 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 910412 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).

In the applicant’s first issue, he implies that a permissive doctrine exists whereby one in the military is allowed a “single misdeed”.  The Board believes that the applicant is confusing this with the civilian world wherein some offenses are treated with leniency because they are a first time incident on an otherwise clear record.  No such leniency exists in the military.  The applicant is responsible for his actions and must accept the consequences of his misdeeds.  The Board will not grant  relief on the basis of this issue.

The applicant submitted his post-service conduct in assessing the merits of his application.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (B, Part IV).  However, 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, is considered.  The applicant provided his resume as documentation of his post-service.  While the Board was impressed with the applicant’s work record, the applicant's efforts need to be more encompassing than those provided.  The applicant should have produced documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs in order for consideration for clemency based on post-service conduct.  At this time the applicant has not provided sufficient documentation of good character and conduct.  Therefore no relief will be granted.  He is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Relief denied.

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560A), Change 11, effective 
14 Jun 90 until 14 Aug 91, 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, D.C.  20374-5023