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

 ex-AN, USNR
Docket No. ND00-00708

Applicant’s Request

The application for discharge review, received 000515, 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 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 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  During my active duty I felt incredibly proud to serve my country in times of peace and war, especially as a member of the navy, troubles in my marriage led me to seek fellowship with unmarried naval personnel whom were not necessarily ideal to honor or integrity.  Over a period of about 1 month, I had attended get together of these individuals where marijuana was being smoked and I participated with little reluctance.  Upon receiving punishment for my faults after failing urinalysis, I attended classes pertaining to use of alcohol and drugs, with underage individuals of my own squadron whom had been convicted of DWI's yet remained in service despite UCMJ Articles.  I failed the run portion of my last PRT due to motivating older naval personnel whom surely would have failed but did not (airman 2nd class F_____).  I ask of you to review my records and if you see fit, upgrade my characterization of discharge and reentry code.  I would hope that in time of crisis my country could call upon me without reservation.  Please review the attached documents to help you make your decision.

Documentation

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

Copies of Enlisted Performance Evaluation Report (3)
Copies of Scheduled/Evaluation Counseling (2)
Copies of DD Form 214 (2)
Police Record Check Response
Character Reference Letters (2)

PART II - SUMMARY OF SERVICE

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

	Active:   USN			None
	Inactive: USNR (DEP)	920408 - 920922	COG

Period of Service Under Review:

Date of Enlistment:  920923		Date of Discharge:  940513

Length of Service (years, months, days):

	Active:    01  07  21
	Inactive:  None

Age at Entry:  22			Years Contracted:  8

Education Level:  12			AFQT:  66

Highest Rate:  AN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  4.00 (3)	Behavior:  3.60 (3)		OTA:  3.40

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM .38 Caliber Pistol Ribbon

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:

940303:	NAVDRUGLAB JACKSONVILLE FL urinalysis report indicates applicant tested positive for THC.

940408:	NJP for violation of UCMJ, Article 112a: Wrongful use of THC.
	Award:  Forfeiture of $1/2 pay per month for 2 months (suspended for 6 months), reduction to E-2.  No indication of appeal in the record.

940408:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by a drug incident in your current enlistment.

940408:  	Applicant advised of his rights and having elected to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to submit statements on own behalf either verbally or in writing, to obtain copies of the documents used to support the basis for the separation, and if applicable - to request transfer to the Fleet Reserve/Retired List understanding that a reduction to the next inferior pay grade prior to transfer may be directed if I am being processed for misconduct, security, or homosexuality.

940415:	Commanding officer recommended discharge general under honorable conditions by reason of misconduct due to drug abuse (use).

940502:	BUPERS directed the 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 940513 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 introduced no decisional issues.  The NDRB reviewed the applicant’s service record and discerned no impropriety or inequity in the characterization of discharge.  Relief is not warranted.

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.  Navy Military Personnel Manual, (NAVPERS 15560C), Change 5/93, effective 
05 Mar 93 until 21 Jul 94, Article 3630620, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT DUE TO 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