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

 ex-SHSR, USN
Docket No. ND00-00258

Applicant’s Request

The application for discharge review, received 991215, 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 000810.  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 (verbatim)

1.  I respectfully request a change in my discharge.  I do realize that I did make mistakes during my service.  I was not offered a drug program during my enlistment to aid in the help of this problem.  I was told at the time of my discharge that I could get my discharge changed from under other than honorable to general under honorable.

Thank you for your time concerning this matter.

Documentation

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

Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	860717 - 860804	COG

Period of Service Under Review:

Date of Enlistment:  860805		Date of Discharge:  880801

Length of Service (years, months, days):

	Active:    01  11  29
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  40

Highest Rate:  SHSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.30 (2)	Behavior:  2.67 (3)		OTA:  2.80

Military Decorations:  None

Unit/Campaign/Service Awards:  SSDR with Bronze Star, AFEM, NER

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:

860811:	Applicant briefed on Navy's policy on drug and alcohol abuse.

880122:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 0000, 12 January 1988 until 0808, 13 January 1988, violation of UCMJ, Article 87: Missing ship movement.
	Award:  Forfeiture of $100 per month for 1 month, restriction and extra duty for 30 days, reduction to SHSA.  Reduction suspended for 6 months. No indication of appeal in the record.

880126:	Retention Warning: Advised of deficiency (On 12 January 1988 you violated the Uniform Code of Military Justice, Article 86, 87 unauthorized absence and missing ship movement.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

886010:	Vacate suspended reduction to SHSA awarded at CO's NJP dated 22Jan88.

880610:	NJP for violation of UCMJ, Article 112A: Wrongfully use marijuana and cocaine on 27Apr88.
	Award:  Forfeiture of $300 per month for 2 months, restriction and extra duty for 45 days, reduction to SHSR.  No indication of appeal in the record.

880711:	Drug and Alcohol Abuse Report: Cocaine abuse, 1-3 times per month, ashore off duty.  Random urinalysis 880427.  DAPA and physician found applicant not dependent. Commanding officer recommended separation not via VA hospital. Comments: SNM does not exhibit potential for further naval service.  CO's recommendation: process for administrative discharge.  NJP Art 112A: use of dangerous drugs (cocaine) 10Jun88; previous suspension of reduction in rate vacated, reduced to paygrade E-1, forfeiture of $300.00 pay for two months, 45 days restriction and extra duty.

880719:	Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse and misconduct due to Commission of a serious offense.

880719:  	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.

880721:	Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse (Use).  Commanding officer’s comments (verbatim): SNM has no potential for further naval service.  Further counseling in this case would be fruitless.  I recommend SHSR (applicant) be separated from the naval service by reason of misconduct due to Drug abuse as evidenced by using marijuana and cocaine and misconduct due to Commission of a serious military offense and that he be separated from the naval service with an other than honorable discharge.

880727:	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 880801 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 issue 1, the Board determined this issue is without merit.  The applicant claims he realizes he made a mistake, he was not offered a drug program and he was told he could get his discharge changed to General, under Honorable conditions.  The Board accepts the applicant’s acknowledgement that he made a mistake during his military service but does not accept that as excuse for his misconduct.  The applicant was not offered a drug program because he was evaluated as not drug dependent.  The Navy is under no obligation to offer drug abuse rehabilitation to non-dependent drug users.  Finally, receiving a discharge recharacterization is not an automatic process. There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct, subsequent to leaving military service.  The NDRB reviews the propriety (did the Navy follow its own rules in processing the applicant for discharge) and equity (did the applicant receive a discharge characterization in keeping with Navy guidance or was the characterization typical of other service members being separated for the same reason) of each applicant’s discharge to determine if proper procedures were followed.  This applicant’s discharge was proper and equitable.  Additionally, the NDRB is authorized to award clemency for post-service factors (what has the applicant done since discharge to become a contributing member of his/her community and to society in general).  Those factors include but are not limited to the following:  Evidence of continuing educational pursuits (transcripts, diploma, degree or vocational-technical certificates), a verifiable employment history (letter of recommendation from employer), documentation of community service (letter from activity/community group), certificate of non-involvement with civil authorities (police records check) and proof of not using drugs (detoxification certificate).  The applicant did not provide any documentation to demonstrate good character and conduct.  The applicant is encouraged to begin establishing a reputation of good character and document his accomplishments.  Documentation to support any claim of good character is a must to receive any consideration based on post-service achievements.  The applicant remains eligible for a personal appearance hearing, to discuss his post-service accomplishments, provided an application is received by the NDRB within fifteen years from the date of his discharge.  Legal representation at the hearing is advisable.  Relief denied.

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560A), effective  15 Jun 87 until 
10 Jan 89, 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