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

 ex-OS3, USN
Docket No. ND00-00424

Applicant’s Request

The application for discharge review, received 000215, 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 000831.  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: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly Article 3630620.

The NDRB did note an administrative error on the original DD Form 214.  Block 25, Separation Authority should read:  “NAVMILPERSMAN, Article 1910-146” vice “MPM 1910-140”.  The original DD Form 214 should be corrected or reissued as appropriate. 

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  My discharge was improper because I was found not guilty by the administrative board.  The attached documents along with my service record will that my general discharge should be upgraded. 

Documentation

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

Copy of Certificate of Navy and Marine Corps Achievement Medal for April to May 1999
Copy of letter to Congressman dated January 6, 2000 from applicant
Copy of authorization to look into the matter of applicant's discharge
Copy of Navy Drug Lab Test results dated August 9, 1999
Copy of voluntary statement dated August 15, 1999
Copy of voluntary statement dated August 15, 1999
Copy of applicant's acknowledgement and waiver of rights dated August 11, 1999 and August 14, 1999
Copy of investigative notes
Copy of preliminary inquiry report of charges filed against applicant dated August 13, 1999
Copy of recommendation as to disposition of offense(s) dated August 14, 1999
Copy of disciplinary review board's comments dated August 14, 1999
Memorandum from Executive Officer, undated
Copy of discharge processing package

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	950728 - 960702	COG

Period of Service Under Review:

Date of Enlistment:  960703		Date of Discharge:  991110

Length of Service (years, months, days):

	Active:    03  04  08
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  74

Highest Rate:  OS2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF		Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  Letter of Commendation, SSDR 

Days of Unauthorized Absence:  None 

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority:  NAVMILPERSMAN, Article 1910-146, formerly 3630620.

Chronological Listing of Significant Service Events:

980109:	NJP for violation of UCMJ, Article 134: False of unauthorized pass offenses (wrongful use and possession of a fake or unauthorized identification card on 17Nov97.
	 Award:  Restriction and extra duty for 30 days.  No indication of appeal in the record.

980109:	Retention Warning: Advised of deficiency (False or unauthorized pass offenses, (wrongful use and possession of a fake or unauthorized military identification card).), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

990809:	NAVDRUGLAB, Jacksonville, FL reported applicant's urine sample received 990728, tested positive for cocaine.

990816:	NJP for violation of UCMJ, Article 112A: Wrongful use, possession of a controlled substance.
	Award:  Forfeiture of $663 per month for 2 months, restriction and extra duty for 45 days.  No indication of appeal in the record.

990817:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

990817:  	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

991021:	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 general (under honorable conditions).

991104:	Commanding officer recommended discharge general (under 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 991110 general (under 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 issue states:  “My discharge was improper because I was found not guilty by the administrative board.  The attached documents along with my service record will that my general discharge should be upgraded.”  The NDRB found the applicant’s issue without merit.  After review of the applicant’s record the NDRB found, by a vote of 3-0, the Administrative Board found the applicant was found to have committed the offense (Misconduct due to drug use), by a vote of 3-0 that the applicant should be separated, and 3-0 that the characterization of service should be General.  The NDRB found no impropriety or inequity in the discharge.  Relief is not warranted.

Pertinent Regulation/Law (at time of discharge)

A.  The Naval Military Personnel Manual, (NAVPERS 15560C), Change 24, effective 20 May 99 until 26 March 2000, Article 1910-146 (formerly 3630620), Separation 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