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

ex-AA, USN
Docket No. ND00-00727

Applicant’s Request

The application for discharge review, received 000518, 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 010313.  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 – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank. 

Documentation

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

Statement from applicant dated May 16, 2000
Copy of DD Form 214 (2 copies)
Character letter from Cobb County, Department of Family and Children Services dated January 18, 2001
Character/job letter from Mars Music dated January 19, 2001
Character reference from Minister of Music, Elizabeth Baptist Church, dated January 27, 2001
Character reference from A. N. S. dated January 23, 2001
Character reference from Criminal Investigator, Fulton County District Attorney, Atlanta Judicial Circuit, Atlanta, GA
Character reference dated January 31, 2001
Police record check dated January 30, 2001 (case pending for speeding)
Letter from the Emory Clinic, Inc dated February 2, 2001 with laboratory reports
Character reference dated February 01, 2001

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	840223 - 840325	COG

Period of Service Under Review:

Date of Enlistment:  840326		Date of Discharge:  860619

Length of Service (years, months, days):

	Active:    02  02  24
	Inactive:  None

Age at Entry:  20			Years Contracted:  4

Education Level:  13 1/2		AFQT:  33

Highest Rate:  AN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.70 (2)		Behavior:  3.40 (2)		OTA:  3.50

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 – Drug abuse (Use), authority:  NAVMILPERSMAN, Article 3630620.

Chronological Listing of Significant Service Events:

840402:	Applicant briefed on Navy's policy on drug and alcohol abuse.

850717:	NJP for violation of UCMJ, Article 112A: Wrongfully use marijuana on 19May85.
	Award: Forfeiture of $347 per month for 2 months, restriction and extra duty for 30 days, reduction to AA.  No indication of appeal in the record.

850904:	Drug and Alcohol Abuse Report: Marijuana abuse May85, afloat.  Search and seizure May85.  CAAC found applicant not dependent and recommends Level I treatment.  Commanding Officer recommended retention and discipline/provide leadership guidance/provide onboard motivational education/counsel by SAC. Comments: A good airman. Performance has not faltered since first NJP for confirmed drug abuse.  Has potential for future service.  Recommended for advancement and retention in the United States naval service.

860210:	NJP for violation of UCMJ, Article 112A: Use of marijuana on board USS Midway on or about 4Jan86.
	Award: Forfeiture of $358 per month for 2 months, restriction and extra duty for 45 days, reduction to AA.  No indication of appeal in the record.

860216:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse and misconduct due to commission of a serious offense.

860228:  	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

860308:	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 and commission of a serious offense, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

860313:	Drug and Alcohol Abuse Report: Marijuana abuse, Jan86, less than monthly, ashore off duty.  Inspection urinalysis Jan86.  CAAC found applicant not dependent and recommended Level II and recommends separate from service.  Commanding Officer recommends separate.  Comments: Second NJP for confirmed drug abuse.  Shows no potential for future service.  Recommended for separation from the United States naval service.

860324:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse and misconduct due to commission of a serious offense. 

860401:	CNMPC 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 860619 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 introduced no decisional issues for consideration by the Board.

The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (D).  However, 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.  No such error or injustice is evident in the applicant’s service record.  In reviewing the applicant’s post service, the Board was impressed with the 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.  The applicant should have produced evidence of continuing educational pursuits, a verifiable employment record, and more documentation of community service in order for consideration for clemency based on post-service conduct.  At this time the applicant has not provided sufficient documentation of good character and conduct.  Therefore no relief will be granted at this time.  He is encouraged to apply for a  personal appearance hearing provided the application is received prior to 19 June, 2001.  Representation at a personal appearance is highly recommended.  

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560), Change 10/85, effective 
16 Dec 85 until 05 Oct 86, 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