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

 ex-FA, USN
Docket No. ND00-00825

Applicant’s Request

The application for discharge review, received 000616, 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 010125.  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 (verbatim)

1.  As a former veteran of the united states navy I fill my discharge status should be reinstated as honorable discharge to better myself.

Documentation

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

None

PART II - SUMMARY OF SERVICE

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

	Active:   USN			None
	Inactive: USNR 		900818 - 901009	COG

Period of Service Under Review:

Date of Enlistment:  901020		Date of Discharge:  920713

Length of Service (years, months, days):

	Active:    01  08  23
	Inactive:  00  01  19

Age at Entry:  18			Years Contracted:  8

Education Level:  12			AFQT:  43

Highest Rate:  FR

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.30 (3)	Behavior:  3.06 (3)		OTA:  3.40

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SASMw1*, SSDR 

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:

901010:	Ordered to active duty for 24 months under the Fireman Apprenticeship Program.

910624:	Retention Warning:  Advised of deficiency (Violation of the UCMJ, Article 92 -Failing to obey a lawful order by drinking under the legal age of 21.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

910624:	NJP for violation of UCMJ, Article 92: Failed to obey a lawful order by wrongfully consuming an alcoholic beverage while under the legal age of 21.
	Award:  Restriction and extra duty for 15 days.  No indication of appeal in the record.

920423:	Summary Court Martial for violation of UCMJ, Article 112a: Wrongful use a schedule I controlled substance, to wit: Marijuana.
	Sentence:  Confinement for 15 days, forfeiture of $520.00 per month for 1 month, reduction to E-1.
	CA (920430) Approved and ordered executed.

920510:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense as evidenced by your Summary Court Martial conviction for the wrongful use of marijuana; and by reason of misconduct due to drug abuse as evidenced by your Summary Court Martial conviction for the wrongful use of marijuana as contained in your service record.

920510:  	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.

920512:	Medical officer's drug and alcohol dependency screening found applicant not drug or alcohol dependent.

920524:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense; and by reason of misconduct due to drug abuse (use).  

920706:	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 920713 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 Board found that the applicant went to CO’s NJP for drinking underage and was then given a retention warning.  The applicant then wrongfully used marijuana and was taken to Summary Court martial for that offense.  The Board found the applicant was properly and equitably discharged for drug abuse under other than honorable conditions.  In the applicant’s issue 1, the Board has no obligation to change the applicant’s discharge in order to better himself.  No relief will be granted based on this issue. 

There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service.  However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D).  Those factors include, but are not limited to, the following:  evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct.  At this time, the applicant has not provided any documentation of good character and conduct.  Therefore no relief will be granted.  The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge.

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 04 Mar 93, 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