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

 ex-AR, USN
Docket No. ND00-00676

Applicant’s Request

The application for discharge review, received 000428, 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 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.  I believe my discharge was inequitable because it messed my life up.  After my incident my life has changed so much.  I have sobered up, and believe me, I have been praying and acting so much trying to fix or due anything, right now I need you to help me.  I am trying to get back into the service, attend college, straighten out my life, but for past two months I haven't gone far.  Just now I finally found a job and I am so glad.  I am living with my mom and I feel so bad of what happened.  What Navy gave me is one big chaos in my life.  Please understand what am trying to say here.  I didn't want to get out, but I had so many personal problems at home, and I never told this to anyone but will to you.  I am Russian and was discriminated against while in the Navy both by sailors and petty officer and chiefs.  I never made a complaint, but now I am saying this straight on.  Navy needs to fix my life up or whoever for all the damage received both mentally and spiritually.  I go to church and am a good person.  I wasn't belong in the Navy, service made me become angry and mad.  I want my life back.  I am tired of this and want opportunities come back to me.  I want to go to college, but I can't even apply for financial aid because of what I did.  I don't know how many young kids that don't know any better enter service get pushed around there, abused, they brake down, get into trouble like me and then get thrown away just like me, but I know this.

Documentation

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

Letters from Applicant (2)
Photograph
Copies of DD Form 214 (2)

PART II - SUMMARY OF SERVICE

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

	Active:   USN			None
	Inactive: USNR (DEP)	990204 - 990217	COG

Period of Service Under Review:

Date of Enlistment:  990218		Date of Discharge:  991222

Length of Service (years, months, days):

	Active:    00  10  05
	Inactive:  None

Age at Entry:  20			Years Contracted:  4 

Education Level:  12			AFQT:  34

Highest Rate:  AR

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMA		Behavior:  NMA		OTA:  NMA

Military Decorations:  None

Unit/Campaign/Service Awards:  AFEM 

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:

990402:	UA from NAVCRUITRACOM Great Lakes, IL FROM 0224, 990402 until 1323, 990411 [9 days/S].

991120:	Applicant arrested for possession of marijuana and resisting arrest.  The Perth Magistrate Court relinquished jurisdiction to allow the United States Navy to handle the case.
 
991126:	NJP for violation of UCMJ, Article 95: Resist arrest by local law enforcement on 991122, violation of UCMJ Article 112a: wrongful possess marijuana on 991122.
	Award:  Forfeiture of $479.00 per month for 2 months, restriction and extra duty for 45 days.  No indication of appeal in the record.

991202:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

991202:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

991217:	Commander, Cruiser-Destroyer Group ONE authorized the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

991223:	Commanding officer recommended 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 991222 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 NDRB found the applicant’s issue non decisional.  He was properly discharged for his misconduct due to drug abuse.  Furthermore, the Board found no evidence of discrimination in the applicant’s service record.  Relief is denied.

The applicant is eligible for a personal appearance before the NDRB up to 15 years from date of discharge.

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