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

ex-GSEFN, USN
Docket No. ND00-00969

Applicant’s Request

The application for discharge review, received 000815, 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 010209.  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 (verbatim)

1.  There are no excuses for what I did but I must put you in the frame of mind that I was in the day I failed my country, my family and my self.  I was a newlywed in Hawaii.  When my ship deployed on a 3 month preparation for a 6-month cruise in the Middle East.  When we returned I found out that my wife was being unfaithful to me.  1 month after that my ship deployed on a 6 month cruise to the Persian Gulf.  My marital problems only got worse.  I lost a few close friends to the streets of St. Louis.  3 men murdered.  I turned to my command for help and I don't feel that they took me serious.  They blew me off.  I stuck it out through the cruise.  When we returned my wife served me with Divorce papers.  I gave her the Divorce and I was left with $30,000.00 worth of bills.  She was rewarded the majority of the things that I bought and after that I got a part time job as an security guard to pay off the bills.  I fell asleep on the road and wrecked my car and I'm paying for that myself because I was at fault.  But I'm not a quitter, I feel that everything happens for a reason.  It made me turn my life completely over to GOD I really appreciate the time that you're taking to review my application and listen to my story.  Have a blessed day.  Sincerely yours,

2.  With all due respect, My name is (applicant), (SSN deleted). I served in the U.S. Navy from the 3rd of August in 1993 through the 18th of November in 1999.  I deployed on 1 Mediterranean cruise and 2 Western Pacific Deployments.  I also received an Enlisted Surface Warfare Specialist pin as an E-2.  At the end of 1995, I cross- rated from a Damage Control Fireman to an Gas Turbine Electrician which was approximately 12 months of various training.  Not to mention receiving various Awards, Medals and Certifications throughout my naval career.

I made a mistake and I'm not ashamed to admit it.  But ever since my fatal mistake I have positively put myself in positions to turn my life around and get back on track.  I've gotten help for my problem, held a job ever since my discharge date from the U.S. Navy at a Shipbuilding Co. called Leeward Marine Inc. and my supervisor's name is P_ B_-Y_ (808) 696-4609.  Recently I've had an addition to the family, so I moved to Atlanta, Ga.  Now I have two jobs the first job is for a agency called All Trades Direct as an Electrician Apprentice and my second job is for a local department store called Walmart.  Contact numbers for the above are as follows: All Trades Direct (770) 963-2118 & Walmart (770) 979-2447.

As I stated previously I have a brand new baby girl and her name is A_, she's a handful.  All that I sincerely ask is that you give me an opportunity to use all of this training that I received in the U. S. Navy to better the lives of the people around me.  By upgrading my Discharge from Other Than Honorable to Honorable Discharge.  You'll have the power to better a family's life in more ways than one.  This will open up opportunities for me because all I have to go back to is the crime-stricken streets of St. Louis, Mo.

I Sincerely pray that you consider my request of you, I can assure you that I've learned from my mistake and my family and I would like to Thank You for your time.  Sincerely Yours,

Documentation

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

Copy of DD Form 214
Character reference
One hundred and nine pages from applicant's service record

PART II - SUMMARY OF SERVICE

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

	Active:   USN			930804 - 970404	HON
	Inactive: USNR (DEP)	930522 - 930803	COG

Period of Service Under Review:

Date of Enlistment:  970405		Date of Discharge:  991117

Length of Service (years, months, days):

	Active:    02  07  13
	Inactive:  None

Age at Entry:  21			Years Contracted:  3

Education Level:  12			AFQT:  38

Highest Rate:  GSE3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.00 (3)	Behavior:  4.33 (3)		OTA:  3.29

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, GCM, BER (4), SSDR (3), 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:

990526:	NAVDRUGLAB, San Diego, CA reports applicant's urine sample received 990519 tested positive for THC.

990602:	NJP for violation of UCMJ, Article 112A: Wrongfully used marijuana on 13May99.
	Award: Forfeiture of $637 per month for 2 months, restriction and extra duty for 45 days, reduction to GSEFN.  No indication of appeal in the record.

990817:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

990818:	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

990917:	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, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

991025:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

991103:	Commander, Navy Region Hawaii 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 991117 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).

In response to the applicant’s issues 1 and 2, the Board found nothing in the records nor did the applicant submit any supporting documentation that showed that his personal problems were of sufficient magnitude that they could not be resolved through standard military channels or by the applicant’s chain of command.  In fact, the Board found that the applicant’s age, education, test scores, prior service, promotions and awards were sufficient to qualify him for enlistment.  The Board will not grant relief on the basis of 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 ample 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.  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