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

 ex-SR, USN
Docket No. ND00-00350

Applicant’s Request

The application for discharge review, received 000121, 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 000831.  After a thorough review of the records, 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 (verbatim)

1.  In August of 1997, I (applicant) was discharged by the U.S. Navy, due to smoking marijuana.  Being young & immature I was influenced by friends to try an illegal substance.  Realizing that working at a minimum wage job isn't enough for a young man like me.  The military has alot of advantages that can help me in the future.  I have been drug from from the day I was discharged.  I have even applied for a merchant mariners document card through the US Coast Guard and was excepted. I'm now about to work for the Marine Sealift command.  I'd rather be able to rejoin the US Navy with a fresh start and make it a career because I enjoyed it some much & I would love to keep the tradition going in my family since my grandmother father and my brother have all served the Navy.  Please accept my apology for being immature in the past and give me another chance to prove my self to my country.  I promise that you will not regret your decision.  Sincerely

Documentation

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

None

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	960530 - 960612	COG

Period of Service Under Review:

Date of Enlistment:  960613		Date of Discharge:  970902

Length of Service (years, months, days):

	Active:    01  02  20
	Inactive:  None

Age at Entry:  20			Years Contracted:  4

Education Level:  12			AFQT:  33

Highest Rate:  SA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF		Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  AFEM 

Days of Unauthorized Absence:  None

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:

960614:	You are being retained in the Naval service, despite your fraudulent induction due as evidenced by your failure to disclose required basis enlistment eligibility information.  This decision is based on the information you provide the Recruit Quality Assurance Interviewer and if it is found that additional information has not been disclosed you could be subject to other judicial or administrative proceedings, to wit: marijuana two times, June 91-July 91.  However, any further deficiencies in performance or conduct may result in processing for administrative separation.

970721:	NAVDRUGLAB, San Diego, CA reported applicant's urine sample received 970709 tested positive for THC.

970812:	NJP for violation of UCMJ, Article 112A: Wrongfully use marijuana on 21Jul97.
	Award:  Forfeiture of $450 per month for 2 months, restriction and extra duty for 45 days, reduction to SR.  No indication of appeal in the record.

970812:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse and fraudulent entry into the naval service for failure to disclose required basis enlistment eligibility information as evidenced by NAVPERS 1070/613 of 14 June 1996 and DD Form 1966/3, Jan 89 of 30 May 1996.

970812:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

970813:	Drug and Alcohol Abuse Report: Marijuana abuse, less than monthly, ashore off duty, random urinalysis 21Jul97.  Commanding officer recommended separate not via VA hospital.

970820:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use) and fraudulent entry into the naval service.

970826:	Commander, Cruiser-Destroyer Group 5 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 970902 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, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

In response to the applicant’s issue, 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 in the civilian life subsequent to leaving the Service.  However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D).  Those factors include, but are not limited to, the following:  evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct.  At this time, the applicant has not provided any documentation of good character and conduct.  Therefore no relief will be granted.  The applicant 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. 

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560C), Change 14, effective 
03 Oct 96 until 11 Dec 97, Article 3630620  SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT ‑  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