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

ex-SR, USN
Docket No. ND00-00217

Applicant’s Request

The application for discharge review, received 991130, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000727  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an impropriety  in the reason for the discharge, but no inequity or impropriety in the characterization of the applicant’s service.  The Board’s vote was 3 to 2 that the reason for discharge shall change to: Misconduct –Drug Abuse and the discharge characterization shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/ authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  I want to upgrade my quality of life, and I've also have grown more mature over the years since my discharge and haven't been in any kind of trouble since then.

2.  I think my discharge was improper because I was the only one court-martial in front of the whole ship which was humiliating and the others involved weren't court-martialed or had gotten higher sentences.  Some got 90 day no liberty.  I was the only one that got kicked out of the service.  We each did exactly the same thing but were not treated the same.

3.  since my dismissal from the Navy my family have disowned me and have kick me on the street and hove lost contact of them.

Documentation

Only the service and medical records were reviewed, since the applicant did not provide additional documentation to be considered by the Board.

PART II - SUMMARY OF SERVICE

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

	Active:    None
	Inactive:  USNR (DEP)	850212 - 850715	COG

Period of Service Under Review:

Date of Enlistment:  850716		Date of Discharge:  861202

Length of Service (years, months, days):

	Active:    01  04  17
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 

Education Level:  12			AFQT:  57

Highest Rate:  SA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  1.9 (2)	Behavior:  2.2 (3)		OTA:  1.9

Military Decorations:  None

Unit/Campaign/Service Awards:  SSDR 

Days of Unauthorized Absence:  None 

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct - Pattern of misconduct, authority:  NAVMILPERSMAN, Article 3630600.  [Administratively corrected.]

Chronological Listing of Significant Service Events:

850719:	Retention Warning from RTC, Great Lakes:  Advised of deficiency (4th Class Swimmer qualified), notified of corrective actions and assistance available, advised of consequences of further deficiencies. 

851113:	NJP for violation of UCMJ, Article 86:  without authority, fail to go at the time prescribed to his appointed place of duty; violation of UCMJ Article 92: having knowledge of his duties, was derelict in the performance of those duties.
	Award:  Oral reprimand, forfeiture of $150 per month for 2 months, restriction and extra duty for 10 days.  No indication of appeal in the record.

851120:	Applicant elected not to submit statement concerning derogatory contents on adverse evaluation report (85SEP17 - 85NOV20).

860514:	NJP for violation of UCMJ, Article 91:  willful disobedience of a petty officer.
Award:  3 days bread and water.  No indication of appeal in the record.

860514:	Retention Warning from USS MILWUAKEE:  Advised of deficiency (being UA from appointed place of duty, disrespectful to senior petty officers and poor attitude, military performance and appearance), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

861117:	NJP for violation of UCMJ, Article 92:  violation or failure to obey lawful general order or regulation; violation of UCMJ Article 112a: use and possession of a controlled substance.
	Award:  Forfeiture of $319.50 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1.  No indication of appeal in the record.

861117:	CO, USS WILWAUKEE notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and for misconduct due to drug abuse.

861117:	Drug/Alcohol Dependence Eval:  Used marijuana daily since age 17.  Not drug dependent and does not require rehabilitation.  Pt has used marijuana/hashish on a continuous basis, sporadically over the past three years.  Last exposure was two days ago.  Member is not recommended for further service.

861117:	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.  [EXTRACTED FROM CO, USS MILWAUKEE MSG OF 18NOV86.]

861118:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to drug abuse.  Commanding officer’s comments (verbatim):  "SR (Applicant) has demonstrated a pattern of misconduct since reporting aboard MILWAUKEE.  Most recently he was found on board in THC possession of marijuana.  Medical evaluation documents a history of marijuana usage.  Member has no potential for future useful naval service.  Waiving his said right to an administrative discharge board, I strongly recommend that SR (Applicant) be separated from the naval service for misconduct as evidenced by a pattern of misconduct and misconduct due to drug abuse.  Furthermore, it is my recommendation that this discharge be characterized as under other than honorable conditions."

861126:	Retention Warning from USS MILWUAKEE:  Advised of deficiency (poor military performance, poor attitude towards the job and the United States Navy and for substandard military behavior and military bearing), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

861128:	CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

870102:	Substance Abuse Report:  November 86, possession and positive for use of marijuana, determined by medical officer, not dependent, not eligible for rehabilitation, recommend separate from service not via VA hospital.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 861202 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 found that the discharge was proper and equitable (C and D).

In the applicant’s issue 1, the Board found 

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560A, Change 4/86, effective 
06 Oct 86 until 14 Dec 86), Article 3630600, SEPARATION OF ENLISTED MEMBERS 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 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