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

 

 ex-ICFN, USN
Docket No. ND00-00381

Applicant’s Request

The application for discharge review, received 000203, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to convenience of the government and a reenlistment code change to RE-1 and correspondence Separation Program Number/Designator.  The applicant requested a documentary record discharge review.  The applicant did not designate a representative on the DD Form 293.  In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) has no authority to change reenlistment codes (RE) or make recommendations to permit reentry in the Naval service or any other Armed Forces.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000824.  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 4-1 that the character of the discharge shall not change and unanimous that the reason for discharge shall remain the same.  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

1.  Under current standards, I would not receive the type of discharge I did.

2.  I have been a good citizen since discharge.

3.  My ability to serve was impaired because of martial and family and child care problems.

4.  The punishment I got was too severe compared with today's standards.

Documentation

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

Applicant's Letter to the Board  (4 pages) dtd Dec 26, 1999
Applicant's Spouse letter dtd Dec 23, 1999
Letter of Recommendation from B_ W_ (Dominican Univ Director) dtd Nov 11, 1999
Letter of Recommendation from C_ M. F_ (advisor and instruction) dtd Nov 11, 1999
Letter of Recommendation from A_ M. D_ (instructor) dtd Nov 10, 1999
Letter from Dominican Univ Registrar dtd Nov 30, 1999
Dominican University Transcripts (3 pages)
Applicant's Son Birth Certificate
Applicant's Marriage License
International Honor Society Certificate in Social Science, Pi Gamma Mu Chapter
Dominican Univ Bachelor Science in Organizational Leadership
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:    None
	Inactive:  USNR (DEP)	880310 - 880711	COG

Period of Service Under Review:

Date of Enlistment:  880712		Date of Discharge:  900712

Length of Service (years, months, days):

	Active:    02  00  01 (Doesn't exclude lost time)
	Inactive:  None

Age at Entry:17(Parental Consent)	Years Contracted:  4 

Education Level:  12			AFQT:  70

Highest Rate:  IC3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.0 (2)	Behavior:  3.0 (2)		OTA:  3.0

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  15 

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:

880303:	Acknowledged understanding of the Drug and Alcohol Abuse Policy.

900321:	To unauthorized absence from USS KITTY HAWK (CV63) at Navy Ship Yard, Philadelphia, PA, since 2000.

900406:	Surrendered onboard USS KITTY HAWK at 1745.  Retained onboard pending disciplinary action (15 days/s).

900511:	NJP for violation of UCMJ, Article 86:  unauthorized absence from 2000, 21MAR90 or 1745, 06APR90; violation of UCMJ Article 112A: use of cocaine during the period 04-06APR90.
	Award:  Forfeiture of $421 per month for 2 months, restriction and extra duty for 45 days, reduction to E-3.  No indication of appeal in the record.

900518:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your enlisted service record.

900518:	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.

900522:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).  Commanding officer’s comments (verbatim):  "ICFN (Applicant) has been on active duty for 22 months, and has been onboard this command for 1 year.  He has had ample exposure to the Navy's zero tolerance toward drug abuse and yet he used cocaine during April 1990.  While his appearance at Captain's Mast on 11 May 1990 for this offense was his first, wrongful use of an illegal drug by a petty officer is unacceptable conduct.  ICFN (Applicant) overall performance has been marginal at best since reporting, and he has demonstrated no potential for further useful naval service.  I strongly recommend this immediate administrative discharge, under other than honorable conditions."

900524:	Medical evaluation for drug abuse found the applicant to be not drug dependent and applicant is an experimental user. 

900613:	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 900712 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).

The applicant’s first issue states:  “Under current standards, I would not receive the type of discharge I did.”  The NDRB found this issue without merit.  The standards have not changed to allow permissive drug use.  Relief not warranted.

The applicant’s second issue states:  “I have been a good citizen since discharge.”  The NDRB is authorized to consider post-service factors in the re characterization of a discharge.  The applicant must be aware that there is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service.  Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question.  Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB.  Relief is not warranted.

The applicant’s third issue states:  “My ability to serve was impaired because of martial and family and child care problems.”  The NDRB did not find this issue of substantial significance to mitigate the applicant’s documented misconduct.  Relief is not warranted.

The applicant’s fourth issue states:  “The punishment I got was too severe compared with today's standards.”  The NDRB found the characterization of the applicant’s discharge-Other Than Honorable-consistent with the applicant’s misconduct: Drug Abuse and Unauthorized Absence.  Relief is not warranted.

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reentry into the naval service or any other of the Armed Forces.  The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy or Marine Corps.  Reenlistment policy of the naval service is promulgated by the Bureau of Naval Personnel, Pers-282, 5720 Integrity Drive, Millington, TN 38055.  Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment.  A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  Relief, is therefore, denied.

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560A), Change 11, effective 
14 Jun 90 until 14 Aug 91, 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