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

ex-ET3, USN
Docket No. ND00-00385

Applicant’s Request

The application for discharge review, received 000203, requested that the characterization of service on the discharge be changed to Honorable.  The applicant requested a personal appearance hearing before the board in the Washington National Capital Region.  The applicant listed the Veterans of Foreign Wars as his representative on the DD Form 293.

Decision

A personal appearance hearing discharge review was conducted in Washington, D.C. on 010320.  After a thorough review of the applicant’s service record, and other evidence presented to the NDRB, in conjunction with consideration of the factors listed in paragraph 9.3 of SECNAVINST 5420.174C, it was determined that relief was warranted under equitable grounds.  The Board’s vote was 3 to 2 that the character of the discharge shall change to: HONORABLE/MISCONDUCT – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  I have complied with the suggestions of the Naval Discharge Review Board.  I now wish to present my case to a full Board in person.

Documentation

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

Copy of decisional document of 960812
Statement from applicant dated February 23, 2000
Copy of resume

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	870414 - 870816	COG

Period of Service Under Review:

Date of Enlistment:  870817		Date of Discharge:  910322

Length of Service (years, months, days):

	Active:    03  07  06
	Inactive:  None

Age at Entry:  20			Years Contracted:  4

Education Level:  12			AFQT:  72

Highest Rate:  ET2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  4.00 (2)	Behavior:  3.80 (2)		OTA:  3.80

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SSDR

Days of Unauthorized Absence:  None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct – Drug abuse (Use), authority:  NAVMILPERSMAN, Article 3630620.

Chronological Listing of Significant Service Events:

870818:	Applicant briefed on Navy's policy on drug and alcohol abuse.

870901:	Drug and Alcohol Abuse Report: Marijuana abuse, August 1987, less than monthly, ashore off duty.  Dependency not determined.  Service directed urinalysis August 1987.  Commanding officer recommends retention.  Comments: Member has potential for naval service.  Positive entry level urinalysis for THC.  Issued page 13.  Will undergo mandatory urinalysis once a month during pre-accession training in accordance with OPNAVINST 5350.4.

910111:	NJP for violation of UCMJ, Article 112A: Wrongful use of marijuana between 17 and 27 November 1990.
	Award: Reduction to ET3.  No indication of appeal in the record.

910112:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your punishment under the UCMJ, which has occurred during your current enlistment.  [Date of letter 910112.  Date signed by applicant 910116.]

910114:	Applicant advised of his rights and having consulted with counsel certified under UCMJ, Article 27B, elected to appear before an Administrative Discharge Board.

910116:	An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and recommended discharge under Honorable conditions (General).

910202:	Commanding Officer’s Comments and Recommendation for Separation (verbatim):  “Petty Officer (applicant's) performance has shown constant improvement over the past year as he matured into a first rate leader. One of the hardest workers on board, he could always be depended upon to get the job, however difficult, done correctly the first time.  Although Petty Officer (applicant) has committed drug abuse, I strongly believe that it was a one time bad decision.  He possesses excellent potential for further useful naval service and resultingly, I recommend that he be retained on active duty.

910222:	Medical evaluation for drug abuse found the applicant does not meet OSA III criteria for either dependency or abuse.

910304:	CNMPC directed the applicant's discharge under Honorable conditions (General) by reason of misconduct due to drug abuse (Use).

960812:	NDRB documentary record review Docket Number ND96-00823 conducted.  Determination: discharge proper and equitable; relief not warranted.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 910322 under Honorable conditions (General) 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 applicant’s service record and other evidence presented to the NDRB, in conjunction with consideration of his post-service conduct, the Board determined the applicant’s discharge should be upgraded to Honorable based on equitable grounds but the reason for discharge should remain the same (C and D).  Relief granted.

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