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

ex-DCFN, USN
Docket No. ND00-00865

Applicant’s Request

The application for discharge review, received 000711, 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 010329.  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 four to one that the character of the discharge shall not change.  The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  I am requesting the Navy Review Board review my discharge and consider upgrading my discharge from an Other Honorable to a General/Under Honorable Conditions.

The incident the discharge was based upon was an isolated incident with an unfortunate set of circumstances that ultimately lead to my discharge.  Missing ships movement was not in my best interest, my desire is to be the best, in fact I was looking forward to the training I was to receive regarding the new AFFF System and Halon System, installed while we were at dry dock in Seattle.  I unintentionally fell asleep waiting for my flight to Washington which directly caused me to be UA.  After I discovered I missed my flight I took the very next flight I could board back to the base which unfortunately was the next day.  By then the ship was gone.  Immediately I turned myself in to the proper military authorities at Puget Sound Naval Station.  Immaturely during my idle time waiting for the next flight, I decided to have some beers and ended up at a party where I did not know the others or their habits.  I have no recollection of using marijuana at that party however, the tests indicated I did.  It was obvious I had too much to drink without thinking about the repercussions or having my friends to keep me responsible.  This was a mistake that I regret to this day, I am unable to disclose my full experience in the Navy as I am ashamed of my discharge.  I do believe zero tolerance to drugs is a good policy that is needed to protect innocent service personal and or any mission of our military.  I was proud to be in the Naval Branch of the Armed Forces, I would like to share with my children, with pride the accomplishments I achieved while serving my country.

Please take a moment of your time and review my record of service as well as the reference letters I have provided you with from my family and clients.

I am a proud small business owner that caters to those in need of Legal Research, Service Of Process, Mobil Photocopy services and etc.  I service private citizens as well as Legal Professionals.  I have been self-employed for 5 years and in the legal industry for the past IO years.  I feel I have become a great asset and roll model to my community as well as to my family.

I am very active in my step-children's school activities and am looking forward to my children starting school as well.  I have a good relationship with my neighbors, teachers, principals, and other business owners as well as being active with the local PTA in our community.
During my service in the Navy I was a Damage Control Fireman.  I found this job to be challenging, demanding, motivational, as well as rewarding.  When I arrived at the USS Sacramento I spent several months in the Technical Library, teaching myself about the equipment that was on board my ship, in my division that I was going to be responsible for and the maintenance procedures required to keep such equipment in top operating condition.  Even after obtaining my knowledge at the Technical Library I was always eager to continue my education.  In October 1988 while in port in San Diego I completed a coarse in Foam Generation Systems Operations And Maintenance.  This class was voluntary.  And while preparing for OPPRE, in October 1999 I was in charge of keeping maintenance on all the equipment in Repair 5 which was the repair locker for the engine room divisions of the USS Sacramento.  While performing countless hours of maintenance on the HI-CAPS, rebuilding AFFF Foam Nozzles and keeping a complete inventory with zero discrepancies in Repair 5, I also took a voluntary class on the Snap 11 System to enable me to obtain repair parts on my own which was beneficial when I was working during my liberty time.  For these reasons and extra attention I gave to my division I was awarded The Navy Achievement Medal which I am very proud of and would like to at least like to share with my children proudly.  For all the above reasons and attached letters I am asking you to upgrade my discharge status to General/Under Honorable Conditions.

Documentation

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

Character reference dated June 30, 2000
Letter of referral dated February 2, 1999
Character reference dated June 29, 2000
Copy of certificate dated October 11, 1988
Copy of letter re: notification of successful completion of SNAP II integrated logistics support (ILS) training, undated
Copy of examination profile information dated September 1989
Copy of personal award recommendation dated September 24, 1989
Letter from applicant dated August 8, 2000
Copy of DD Form 214 (Member 1 and 4)
Copy of Drug and Alcohol Abuse report dated February 28, 1990
Copy of message from USS SACRAMENTO to COMNAVSURFPAC dated March 19, 1990
Letter from applicant's mother dated July 26, 2000
Letter from applicant's aunt dated July 26, 2000
Copy of general business license dated February 17, 1999 (2 pages)
Applicant's ltr to the Board dtd March 12, 2001 concerning the Police Check
On-line Police Check that applicant submitted (10 pages)
Applicant's Drug Report from MedTox Lab dtd 03/03/2001
Applicant's Employer's Substance Abuse/Contraband Policy
Applicant's ltr to the Board dtd March 12, 2001 concerning Roadrunner Attorney Service
Certificate of Achievement, Outstanding Coaching, dtd Dec 5, 1994
Reference Letter submitted by J_ B_, Coach Coordinator, dtd Mar 2, 1993 

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	870527 - 870831	COG

Period of Service Under Review:

Date of Enlistment:  870901		Date of Discharge:  900327

Length of Service (years, months, days):

	Active:    02  06  27
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  44

Highest Rate:  DC3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.80 (1)	Behavior:  3.80 (1)		OTA:  3.70

Military Decorations:  NAM

Unit/Campaign/Service Awards:  SSDR

Days of Unauthorized Absence:  None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

890915:	NJP for violation of UCMJ, Article 92: Dereliction of duties, to wit: negligently failed to check the water tightness of the forward CHT pump room on 23Aug89.
	Award: Forfeiture of $150 per month for 1 month, restriction and extra duty for 10 days.  No indication of appeal in the record.

890922:	Retention Warning:  Advised of deficiency (One CO's NJP for dereliction of duty.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 
	
900209:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 0600-1615, 17Jan90, violation of UCMJ Article 87: Missed ship's movement on 1055, 17Jan90, violation of UCMJ Article 112A: Wrongful use of a controlled substance, to wit: marijuana.
	Award: Forfeiture of $444 per month for 2 months, restriction and extra duty for 45 days, reduction to DCFN.  No indication of appeal in the record.

900214:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by a positive urinalysis for marijuana, and misconduct due to the commission of a serious offense as evidenced by commanding officer's nonjudicial punishment of 9 February 1990.

900214:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

900228:	Drug and Alcohol Abuse Report: Marijuana abuse, January 29, 1990.  Probable cause urinalysis.  DAPA and physician found applicant not dependent and recommended separate not via VA hospital.  Commanding officer recommended separate not via VA hospital.  Comments: DCFN (applicant) performance is excellent.  He is extremely sup portative of his chain of command, consistently producing quality work.  His recent disciplinary problems are totally out of character.  His hard charging attitude and eagerness to get the job done are an asset to his division.  However, due to his drug usage he has little potential for future naval service. 

900316:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse and misconduct due to the commission of a serious offense. 

900322:	CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 900327 under other than honorable conditions for misconduct due to commission of a serious offense (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 discussed his service and post service.  The Board noted two NJP’s in the applicant’s service record, including violations of UCMJ Articles 92, dereliction of duty, Article 87, missing ship’s movement, and Article 112a, wrongful use of a controlled substance: marijuana.  All of these offenses are considered serious military offenses and an other than honorable discharge accurately characterizes the service.  The Board found the negative aspects of the applicant’s service outweighed the positive.  While the applicant provided some creditable post service documentation, the Board did not find his post service significant enough to support an upgrade to the discharge.  Notably absent is service to the community that does not directly benefit himself.  Relief is not warranted.

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.  Naval Military Personnel Manual, (NAVPERS 15560A), Change 8, effective 
21 Aug 89 until 14 Aug 91, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

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