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

 ex-ATAN, USN
Docket No. ND00-00501

Applicant’s Request

The application for discharge review, received 000308, 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 000928. 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.  I believe that my discharge was inequitable because it was based solely on an incident that is untrue to my character.  I accept responsibility for my actions, but feel that an other than honorable discharge is harsh and unfair.  My 2 years prior to my mistake in the Navy better represent my character.

2.  I am about to graduate college with a degree in environmental science.  I have worked hard to make it through school after losing my G.I. bill money because of my mistake.  I regret not being able to finish my commitment to the Navy, and hope that the Department of Defense will reconsider my discharge, and help me to succeed in the civilian world.

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)	941230 - 950410	COG

Period of Service Under Review:

Date of Enlistment:  950411		Date of Discharge:  971030

Length of Service (years, months, days):

	Active:    02  06  20
	Inactive:  None

Age at Entry:  23			Years Contracted:  4

Education Level:  12			AFQT:  64

Highest Rate:  ATAN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.67 (	3)	Behavior:  3.33 (3)		OTA:  3.22

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, AFEM, AFSM

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:

950911:	Civil Conviction: General Sessions Criminal Division 8, Memphis, TN for violation of disorderly conduct.
Sentence:  Fined $50.00 and court cost of $146.75.

970526:	Arrest/Notice to Appear: Applicant arrested 0819, 26May97 for possession of schedule II drug (less than 20 grams of marijuana and glass pipe and two unknown type of pills (later identified as 1 Diazapram 10mg and 1 Alprazolam 1mg both schedule 4).

970609:	NAVDRUGLAB, Jacksonville, FL reports applicant's urine sample received 970529 tested positive for THC.

970717:	NJP for violation of UCMJ, Article 112A: Wrongful use of marijuana.
Award:  Forfeiture 1/2 months pay for 2 months, restriction and extra duty for 45 days, reduction to ATAA.  All punishments suspended for 6 months.  No indication of appeal in the record.

970730:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your CO's nonjudicial punishment on 17 July 1997, Article 112A, wrongful use of marijuana.

970730:  	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.  Applicant's statement can be found in service record.

970819:	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 other than honorable conditions.

970911:	Drug and Alcohol Abuse Report:  Marijuana abuse, 970910, 1 to 3 times per month, ashore off duty.  Random urinalysis.  Physician found applicant not dependent and recommended separate not via VA hospital.  Commanding Officer recommended separate not via VA hospital.

970917:	DAPA drug and/or alcohol dependency evaluation: Applicant found to be a drug experimenter not drug dependent and recommended for separation not via VA hospital.

971007:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). 

Partial discharge package missing.

PART III – RATIONALE FOR DECISION AND PERTINENT 
REGULATION/LAW

Discussion

The applicant was discharged on 971030 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 issue 1, the applicant states that his “2 years prior to my mistake in the Navy better represent my character.”  The applicant implies that a permissive doctrine exists whereby one in the military is allowed a single misdeed.  The Board believes that the applicant is confusing this with the civilian world wherein some offenses are treated with leniency because they are a first time incident on an otherwise clear record.  No such leniency exists in the military.  The applicant is responsible for his actions and must accept the consequences of his misdeeds.  The Board will not grant relief on the basis of this issue.

In response to applicant’s issue 2, 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, can be considered.  In determining whether a case merits a change based on post-service conduct, the NDRB considers the length of time since discharge, the applicant's record of community service, employment, conduct, educational achievements, and family relationships.  In reviewing the applicant’s post service, the Board was impressed with the educational efforts he has begun to make in attempting to recoup his reputation which has been sullied by his misconduct in the Navy.  However, the applicant’s efforts need to be more encompassing than those provided.  NDRB experience has shown that applicants with less than five years post-service usually have not had sufficient opportunity to demonstrate continuing, positive contributions to society.  Therefore, relief will not be granted at this time.  The applicant is reminded that he remains eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at a personal appearance hearing is highly recommended.  The possibility of favorable action in the applicant’s case will increase with the amount of time he maintains an alcohol and drug free lifestyle.  Verifiable documentation of such a lifestyle is essential.  The applicant is encouraged to continue his community service, remain sober, and apply for a personal appearance hearing prior to 30 October, 2012.

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