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

 ex-AR, USNR
Docket No. ND00-00260

Applicant’s Request

The application for discharge review, received 991216, 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 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, authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. To Whom it may concern:

About four years ago I found myself in a precarious situation.  I was conflicted over my obligation as an Airman and my duty as a son. During that time of these unfortunate incidents many factors in my life were coming to a hilt.  If you will bear with me for a moment, I will explain to you the history of my involvement in the Navy.  I will not delve deeply into my teenage years, but needless to say many people behave as fools when they can not see beyond their youth.  Mistakes in youth can follow a person and so I chose a route that would save me from that regret. I chose the Navy, at the surprise and appreciation of my mother.

It goes without saying that old habits die hard especially when forces are moving against you.  I will not try to turn a bowl of pits into cherries but perhaps I could have been a better Airman without all of the stressful distractions.  I am not shying away from the fact that I wanted to be released, but my reasons were justified.  There were family problems that were culminating and the stress was starting to wear on me.  Matters wee not made better by my mother having a heart attack. The knowledge that the one person who supported me in everything and was most elated in my being a part of the Navy was suffering and I was not there.

I began to go through the proper channels to plea a release from the military, but all my requests were denied.  Now, looking back, had my strong emotions and stress not been a factor I might have been able to think more clearly but I cannot change the past.  I made the mistake to take it upon myself to leave and when I finally did return I admitted to an offense that I am able to honestly say I did not commit.  My desperation drove me to fail safe way to an end.

At the time I did not think ahead, there was no future beyond the present and getting my wish.  Well, be careful what you wish for because it has been four years since I was discharged and in the interim I have had time to rethink the situation.  I do regret my impetuous behavior.  My only recourse now is to appeal to this panel for an upgrade to an honorable discharge or at the very least a general discharge.  I have grown to be a responsible individual with a steady job and frequent random drug tests.  One of the more recent results I have enclosed for good measure.

Basically, I have improved my life and the only shadow that remains is a mistake I made when I was inexperienced and naive.  I do this for the sake of my future because I have learned that history is not destiny.  I would appreciate any help I can receive in this matter.  Sincerely

2.  Drug testing

Documentation

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

Forsenic Drug Testing Custody and Control Form dated October 20, 1999
Copy of DD Form 214
Copy of Evaluation Report and Counseling Record for 96Jan16 to 96Jan22
Copy of Hobart High School Secondary School Record dated December 9, 1997
Character reference from State Senator, District 4, State of Indiana dated April 6, 2000
Certificate of training dated October 27, 1999
Certificate of training dated October 27, 1999
Certificate of training dated October 29, 1999
Certificate of training dated October 29, 1999
Certificate of training dated October 28, 1999
Certificate of training dated October 27, 1999
Certificate of training dated October 26, 1999

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	950215 - 950301	COG

Period of Service Under Review:

Date of Enlistment:  950302		Date of Discharge:  960315

Length of Service (years, months, days):

	Active:    01  00  14
	Inactive:  None

Age at Entry:  20			Years Contracted:  8

Education Level:  12			AFQT:  37

Highest Rate:  AA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NOB			Behavior:  NOB		OTA:  NOB

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM 

Days of Unauthorized Absence:  30 

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630620.

Chronological Listing of Significant Service Events:

950923:	Applicant on unauthorized absence from USS. EISENHOWER (CVN 69), located at Newport News, VA from 0600, 95SEP23 to 0600, 95SEP25 (2 days/surrendered).

960111:	Applicant on unauthorized absence from USS D. D. EISENHOWER (CVN 69) 0600, 95DEC16 until 0600, 96JAN10 (25 days/surrendered).

960116:	Applicant on unauthorized absence from USS EISENHOWER (CVN 69) 0800, 95JAN12 until 0900, 96JAN15 (3 days/surrendered).

960122:	Summary Court-Martial.
	Charge I: violation of the UCMJ, Article 86 (2 specs):
	Specification 1: Unauthorized absence from unit 0600, 16DEC95 to 0600, 10JAN96 (25 days/surrendered).
	Specification 2: Unauthorized absence from 0800, 12JAN96 until 0900, 15JAN96 (3 days/surrendered).
	Charge II: violation of the UCMJ, Article 112A:
	Specification:	Wrongful use of marijuana on 23DEC95 and 8JAN96.
	Finding: to Charge I and II and the specifications thereunder, guilty.
	Sentence:  Forfeiture of $581.00, confinement for 30 days, reduction to AR.
	CA action 960126: Sentence approved and ordered executed.

960129:	Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to Commission of a serious offense as evidenced by all serious offense in your current enlistment and misconduct due to Drug abuse as evidenced by all drug incidents in your current enlistment.

960129:  	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.

960201:	Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse (Use). 

960215:	Applicant released from confinement and returned to full duty.

960304:	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 960315 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 states he had family problems (his mother’s health) and his request for release from military service was denied.  There is no evidence that the applicant attempted to use his chain if command to resolve his personal problems.  Additionally, the Board fails to see how the applicant’s use of marijuana had anything to do with his mother’s health.  The applicant was court martialed for unauthorized absence (2 specifications) and use of illegal drugs (marijuana), then separated for use of illegal drugs.  The discharge was proper and equitable.  Relief denied.

The applicant states he admitted to an offense he did not commit.  The applicant was convicted at court martial of unauthorized absence and drug abuse.  Relevant and material facts stated in a court martial specification, shall be presumed, by the NDRB, as established facts.  The discharge was proper and equitable.  Relief denied.

The applicant claims he was young, inexperienced and naïve and has now improved his life.  Youth, inexperience and being naive do not negate the applicant’s accountability for his actions. The applicant did not provide sufficient documentation to demonstrate he made a life change and is now a productive member of a community.  The discharge was proper and equitable.  Relief denied. 

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560C), Change 9/94, effective 
22 Jul 94 until 02 Oct 96, 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