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

 ex-AR, USNDocket No. ND00-00972

Applicant’s Request

The application for discharge review, received 000828, 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 010215.  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 4 to 1 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.  1.  I feel as though my discharge was improper and unfair, and I am seeking an honorable discharge as stated in item 3. My unauthorized leave of absence from November 19, 1999 to November 22, 1999 was due totally to the condition of my father at home in New Jersey.  I am submitting 6 documents in support of my request for an honorable discharge.  As stated in document #1 Applicant from unauthorized absence, my unauthorized weekend leave was the way I coped with a difficult situation unfolding at home, and I thought it would facilitate a discharge so that I could spend time with my dad before his passing.  I needed to be home to support my family and especially my mom.  As stated in document #2, my dad's oncologist explained in detail the tragedy that was happening at home.  After reading his entire letter, I know you will see that on November 15, 1999, my dad received his last experimental chemotherapy treatment.  There was no hope.  This bit of news led me to believe more than ever that I needed to find a way to get home with my dad and mom.  This led to the desperate act I took on November 19.  Document #3 shows the final date of his chemotherapy treatment.  Documents #4 and #5 prove the existence of Hospice in my dad's last days.  Document #6 is a copy of my dad's death certificate.  This definitely proves the seriousness of the illness, again, the reason I needed to be home.  The dates and explanations shown in my supporting documents prove I was faced with a desperate situation at home, and I felt strongly that I needed to take desperate measures to insure my return as soon as possible to my family.  Thank you for your time in reviewing my situation.  I hope after reviewing my case, you will change my discharge status to an honorable discharge.  I also want to thank you, as my mom did in document # 1, for getting me home to spend my dad's last days with him. 

Documentation

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

Copy of DD Form 214
Letter from applicant's mother dated January 5, 2000 (2 copies)
Letter from applicant's deceased father's doctor dated March 14, 2000 (2 copies) 
Letter from Hospice re applicant discharge processing undated (2 copies)
Hospice Caregiver education record (2 copies)
Copy of applicant's father's certificate of death (2 copies)

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	990930 - 991018	COG

Period of Service Under Review:

Date of Enlistment:  991019		Date of Discharge:  000103

Length of Service (years, months, days):

	Active:    00  02  15
	Inactive:  None

Age at Entry:  22			Years Contracted:  4

Education Level:  12			AFQT:  43

Highest Rate:  AR

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF		Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  3

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:

991110:	Recruit Evaluation Unit: Diagnosis: Alcohol dependence in early full remission.  Recommendations:  RTD; recommend PASS program, referral to chaplain; referral to legal to investigate hardship discharge.  Refer to DAPA.

991129:	Applicant to unauthorized absence 1030, 19Nov99.

991122:	Applicant from unauthorized absence 1150, 22Nov99.

991122:	Violation of Article 86: Unauthorized absence from 19Nov99 to 22Nov99 (3 days).  [Extracted from CO's letter dated December 22, 1999.

991208:	NAVDRUGLAB, Great Lakes, IL reports applicant's urine sample received 991124 tested positive for cocaine

991221:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by NAVDRUGLAB Great Lakes confirmation message.

991221:	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.

991222:	Substance abuse evaluation: Diagnosis: Alcohol abuse, EPTE.

991222:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).  Commanding officer’s comments (verbatim): AR (applicant) is an administrative and discipline burden.  His conduct represents a significant departure from the conduct expected from members of the naval service.  I recommend separation from the naval service with an Other Than Honorable discharge. 

000103:	Commander, Naval Training Center, Great Lakes, IL 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 000103 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 issue 1, the Board found that the applicant knowingly used cocaine and therefore was properly and equitably discharged for misconduct due to drug abuse.  Although the Board has empathy for the applicant’s circumstances, it does not excuse his misconduct and he must accept the consequences of his actions.  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.  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