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

 ex-BM3, USN
Docket No. ND00-00518

Applicant’s Request

The application for discharge review, received 000316, 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 001005.  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: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

Sir, I serve my country well and for years an still do. I am now a truck driver trying to better myself an family by doing this my, my discharge holds me back forward education along with veterans benefits which I deserve.  I feel it's best for me to appear in person to present my views on upgrading my discharge.

1.  Military Record overall performance.

2.  Time in Service (approx, 14 yrs).

3.  Family Related problems.

4.  Medical and Health.

Documentation

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

Copies of DD Form 214 (3)
Copies of Evaluation Report & Counseling Record (2)
Copies of Enlisted Performance Evaluation Report (4)
Resume
Copy of Transcript from Contra Costa College (2pgs)

PART II - SUMMARY OF SERVICE

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

	Active:   USNR		841207 - 850623	HON
		   USN			850624 - 870910	HON
		   USN			870911 - 900409	HON
		   USN			900410 - 920217	HON
		   USN			900218 - 941129	HON
		   USN			941130 - 961129	HON
	Inactive: USNR (DEP)	None

Period of Service Under Review:

Date of Enlistment:  961130		Date of Discharge:  990225

Length of Service (years, months, days):

	Active:    02  02  25
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 

Education Level:  12			AFQT:  39

Highest Rate:  BM2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  4.00 (2)	Behavior:  3.50 (3)		OTA:  3.57

Military Decorations:  None

Unit/Campaign/Service Awards:  NAVY"E"RIBBON (2), AFEM (2), SSDR (3), GCA, NUC, KLM, NDR, SASM 

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 1910-146, formerly 3630620.

Chronological Listing of Significant Service Events:

980914:	NJP for violation of UCMJ, Article 86: Unauthorized absence.
	Award:  Forfeiture of $100.00 per month for 1 month, restriction and extra duty for 7 days, (7 days restriction suspended for 6 months).  No indication of appeal in the record.

981001:	NJP for violation of UCMJ, Article 112a: Wrongful use of controlled substance cocaine.
Award:  Forfeiture of $716.85 per month for 2 months, restriction and extra duty for 45 days, reduction to E-4.  No indication of appeal in the record.

981013:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

981013:  	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

981113:	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.

990210:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

990220:	COMPHIBGRU THREE authorized 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 990225 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 issue states:  “Sir, I serve my country well and for years an still do. I am now a truck driver trying to better myself an family by doing this my, my discharge holds me back forward education along with veterans benefits which I deserve.  I feel it's best for me to appear in person to present my views on upgrading my discharge.

1.  Military Record overall performance.

2.  Time in Service (approx, 14 yrs).

3.  Family Related problems.

4.  Medical and Health.”

The NDRB considered the applicant’s entire service record,  time in service, stated family problems (from ADB) and found that the discharge was proper and equitable.  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.  The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at personal appearance hearing is highly recommended.

Pertinent Regulation/Law (at time of discharge)

A.  The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 Dec 97 to 19 May 99, 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