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

ex-SA, USNR
Docket No. ND00-00216

Applicant’s Request

The application for discharge review, received 991130, requested that the characterization of service on the discharge be changed to honorable or 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 000803.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety but did discern inequity in the characterization of the applicant’s service based on the applicant’s outstanding record of post-service conduct.  The Board’s vote was four to one that the character of the discharge shall change.  The discharge shall change to: GENERAL (UNDER HONORABLE CONDITIONS)/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  Requesting review based on Post-Service Conduct.  Since my discharge I have quit drinking and using substances (over 5 years alcohol), have graduated from college at Rutgers University, worked in the public school system, spent over 2 years working with children and adolescents with Developmental Disabilities, have re-established a close relationship with my parents, and am currently a Doctoral candidate in a Clinical Psychology program.  I also currently work as an intern in a state prison (Minnesota Correctional Facility - Stillwater) and intend on doing an internship with the Federal Bureau of Prisons next year (Sept. '00 - Aug. '01).  I volunteer one evening a week as a phone counselor at a Crisis hotline, and have not had any legal problems in over 5 years.  At the time of my discharge I was drinking heavily, had not spoken with my family in over 1 year, and was generally young and behaving - stupidly.  I have since realized my problems and addressed them - as indicated above I have not drank alcohol or used illegal substances in over 5 years.
Despite my obvious problems during my 18 month enlistment, I did significantly contribute to the US Navy in some ways.  I graduated top of my company in boot camp and Apprenticeship training, and was promoted to E-3 before even reporting to my ship.  I qualified as a Master Helmsman on the USS Jarrett, and completed a prescribed course in Surface Rescue Swimmer School.  I received a Letter of Commendation from R_ P_ M_ Jr., Commanding Officer, RTC, San Diego, for my performance in basic training, and served in the Persian Gulf attached to USS Jarrett in a designated Combat Zone during Operation Desert Storm.  I made mistakes that I regret reflected poorly upon myself and the US Navy, but believe I have paid a sufficient price at this time.  Having this mark on my record may prevent me from achieving my goals of becoming an expert in Forensic Psychology and working with the Federal Bureau of Prisons or the Behavioral Science Division of the Federal Bureau of Investigation.

Documentation

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

Copy of DD Form 214 (2 copies)
Copy of undergraduate transcripts
Graduate school (Doctoral program in Clinical Psychology) transcripts
Current Vitae
Certificate of Appointment by Commanding Officer, RTC, San Diego to E-1 for completing Recruit Training in top10% (2 copies)
Letter of Commendation from Commanding Officer, RTC, San Diego, for attaining highest average scores on weekly academic examinations (2 copies)
Certification of service in a designated combat zone during Operation Desert Storm, from Commanding Officer, USS Jarrett (2 copies)
Certification of completion of Surface Rescue Swimmer School (2 copies)
Original letter of reference from applicant's parents
Photocopy of letter of recommendation provided by C_ J_ Ph.D., Psy D. in 1996 for admission to graduate school
Photocopy of letter of recommendation provided by P_ H_, LCSW, ACSW in 1996 for admission to graduate school
Photocopy of letter of recommendation provided by R_ G_, M.Ed., in 1996 for admission to graduate school
Certificate awarded for outstanding volunteer service to the Head Start Program of New Brunswick in 1995
Original letter of reference from T_ H_-S_, Program Director at Crisis Connection
Copy of autobiographical statement for application for Clinical Psychology Internship with Federal Bureau of Prisons
Copy of criminal history record check dated January 1, 1997

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	901025 - 901112	COG

Period of Service Under Review:

Date of Enlistment:  901113		Date of Discharge:  920402

Length of Service (years, months, days):

	Active:    01  04  20
	Inactive:  None

Age at Entry:  19			Years Contracted:  8

Education Level:  13			AFQT:  96

Highest Rate:  SN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.80 (2)	Behavior:  3.60 (2)		OTA:  3.70

Military Decorations:  None

Unit/Campaign/Service Awards:  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:

910725:	NJP for violation of UCMJ, Article 86: Unauthorized absence; violation of UCMJ, Article 92: Disorderly conduct.
	Award:  Forfeiture of $422 per month for 2 months, restriction and extra duty for 30 days.  No indication of appeal in the record.

910805:	Retention Warning: Advised of deficiency (Unauthorized absence and disorderly conduct.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

920214:	NAVDRUGLAB, Oakland, CA reports urine sample received 920204 tested positive for THC.

920218:	NJP for violation of UCMJ, Article 112A: Wrongful use of controlled substance.
	Award:  Forfeiture of $440 per month for 2 months, restriction and extra duty for 45 days, reduction to SA.  No indication of appeal in the record.

920225:	Medical evaluation for drug abuse found no evidence of drug or alcohol dependency.   

920226:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

920226:  	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.

920313:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). 

920328:	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 920402 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 but not equitable based on the applicant’s outstanding record of post-service conduct. (C and D).

In response to applicant’s issue 1, the Board determined that the applicant’s generally acceptable personal conduct and performance of duty, when combined with his excellent post-service conduct, warranted relief.  However, the Board determined that the applicant’s misconduct diminished the quality of his service below that meriting a fully honorable characterization of service.  Accordingly, the Board voted to upgrade the applicant’s characterization of service to general (under honorable conditions).

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 view DoD Directive 1332.28 and other Decisional Documents by going online at "afls14.jag.af.mil".

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
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023