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

 ex-FA, USN
Docket No. ND00-00621

Applicant’s Request

The application for discharge review, received 000419, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a personal appearance hearing discharge review before the Board in the Washington National Capital Region.  The applicant listed DISABLED AMERICAN VETERANS as his representative on the DD Form 293.  In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 001121.  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

1.  Clemency is warranted because it is an injustice for me to continue to suffer the adverse consequences of a bad discharge.  Prior to the incident for which I was charged, I had excellent service an actually received excellent evaluation of my work.  At the time of the incident, it was recommended that I receive punishment in the form of reduction in rank to E-2, forfeiture of $519.00 ppm for two months and 45 days restriction and extra duties.  However, instead of that punishment, when I attended a Captain's mast, I was advised by my Commanding Officer, J____ P____ III that I would be administratively discharged and he would recommend a General Discharge under Honorable conditions, based on my prior history.  He recommended that I accept this punishment without advice from counsel.  Based on his recommendation, I accepted the proposed punishment and waived my right to counsel.  The Navy proceeded with the discharge and I was given a general discharge under Other than Honorable conditions.  I feel this was too severe for the nature of the offense.  I maintained a very good work record in the military and was generally a good service member.  I have been a good citizen since discharge and this incident was an isolated occurrence.

Documentation

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

Letter from Disabled American Veterans  
Copies of DD Form 214 (2)
Copy of Commander's Discharge Authority (2 copies)
Letters from Commanding Officer (2) (2 copies)
Copy of NJP (2 copies)
Copy of Correctional Custody Final Evaluation (2 copies)
Copy of Commanding Officer's Recommendation for Separation (2 copies)
Copy of Notification of Separation (2 copies)
Statement from applicant's father (3pgs)
Copy of Enlistment Guarantees (2pgs)
Letter of Recommendation
Employment Reference Letter
Copy of Statement of Account/Class Schedule (2)
Copy of Transcript
Academic Reference Letter
Copies of PE Instructor/Coach Evaluations (3)
Copy of High School Youth Volunteer Award. 

PART II - SUMMARY OF SERVICE

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

	Active:   USN			None
	Inactive: USNR (DEP)	960822 - 970326	COG

Period of Service Under Review:

Date of Enlistment:  970327		Date of Discharge:  981102

Length of Service (years, months, days):

	Active:    01  07  06
	Inactive:  None

Age at Entry:  20			Years Contracted:  4 (24 months extension)

Education Level:  12			AFQT:  84

Highest Rate:  FN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMA		Behavior:  NMA		OTA:  NMA

Military Decorations:  None

Unit/Campaign/Service Awards:  None 

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:

980626:	NJP for violation of UCMJ, Article 86: UA (2 Specifications).
	Award:  Correctional Custody for 30 days.  No indication of appeal in the record.

980722:	Applicant received Outstanding Final Correctional Custody Evaluation. 
980831:	Applicant participated in a random urinalysis which subsequently tested positive for cocaine.  Appeared before CO's NJP and admitted he used cocaine [EXTRACTED FROM CO's MESSAGE].
 
980926:	NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance, to wit: cocaine.
	Award:  Forfeiture of $519.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2.  No indication of appeal in the record.

981015:	Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to Pattern of misconduct and misconduct due to Drug abuse.

981015:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ, Article 27B, elected to waive all rights.

981026:	Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct due to Pattern of misconduct and misconduct due to drug abuse (Use).

981030:	Commander, Amphibious Group Two, directed the applicant’s discharge under Other Than Honorable conditions for misconduct due to Drug abuse. 

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 981102 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).

Issue 1.  The applicant states, it is an injustice for him to continue to suffer the adverse consequences of a bad discharge.  He feels his discharge was too severe for the nature of the offense.  The Board determined the discharge was proper and equitable.  The applicant was a cocaine user.  He tested positive for cocaine during his command’s random urinalysis test.  Drug abuse requires mandatory processing for separation, regardless of the number of times the accused used drugs.  Relief denied.

The applicant remains eligible for a personal appearance hearing provided an application is received at the NDRB within fifteen years from the date of his discharge.  Legal counsel is not required but advisable.

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