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

ex-FA, USN
Docket No. ND00-01008

Applicant’s Request

The application for discharge review, received 000829, 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 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 unanimous that the character of the discharge shall not change.  The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  I am appling for a discharge upgrade for several reasons.  I enlisted in the United States Navy delayed entry program at age sixteen.  One year later at age seventeen I was set to leave as a seaman recruit, with no designated rate.  My recruiter told me that once I arrived at my command I could choose my career.  After arriving at my command and realizing that this was not the case I spoke with PNC S_ about it.  With the XO's approval and my testing out, I was transferred to the Damage Control Division.  While in the DC division I excelled tremoundously.  I could not take any more advancement test until I reached my time in rank.  I ran a chit to the Captain requesting Damage Control man A school, it came back approved.  I never received any orders.  A copy of my enlisted performance record is enclosed.  I know that I was not a weight but an asset to my division.  I am sure that Lt H_, Chief DCC J_ J_, DC1 B_ R, DC2 S_ W_, DC3 W_ C_ , would have nothing but good to say about my performance.

My best friend of eighteen years commited suicide in February of 1994.  This had a detrimental effect on my sprit and me.  The next few months were very hard on me.  Hen I got in trouble with marijuana it was the second time I encountered the drug.  My first experience was in high school I think I was a freshman.  All in all both times were bad decisions.

Since I was discharged I have gotten my life together, I haven't touched drugs since.  My Department of Transportation drug screening will attest to that.  I have been going to school, working full time, and supporting myself.  B_ E. K_ Co. employs me, the largest Anheuser-Busch dristubutor in the world.  I have also climbed the ranks here to account manger.  This position is not an entry-level position; it is one that comes with great responsibilities and challenges.  I feel my discharge could hurt my opportunities to reach upper management or executive positions in the future.

In the short time that I was a US service member I learned a lot of life's lessons.  For my actions I paid the ultimate price of being discharged.  Now I ask for a honarble discharge so I will not have to continue to pay for a horable decision that I made when I was eighteen years old.  Thank you for your time and consideration.

Documentation

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

Copy of Enlisted Performance Record

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	920919 - 930808	COG

Period of Service Under Review:

Date of Enlistment:  930809			Date of Discharge:  941017

Length of Service (years, months, days):

	Active:    01  02  09
	Inactive:  None

Age at Entry:  17 Parental Consent		Years Contracted:  4

Education Level:  12				AFQT:  43

Highest Rate:  FN

Final Enlisted Performance Evaluation Averages (number of marks):

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

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM 

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 3630620.

Chronological Listing of Significant Service Events:

940303:	NJP for violation of UCMJ, Article 134: Underage drinking.
	Award: Forfeiture of $466 per month for 1 month.  No indication of appeal in the record.

940818:	NJP for violation of UCMJ, Article 112A (2 specs): Wrongful use and possession of a controlled substance, marijuana.
	Award: Forfeiture of $466 per month for 2 months, restriction and extra duty for 45 days, reduction to FA.  No indication of appeal in the record.

940826:	NAVDRUGLAB, Norfolk, VA reports applicant's urine sample received 940818, tested positive for THC.

940821:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by wrongful possession and use of a controlled substance, marijuana in your current enlistment as evidenced by nonjudicial punishment on 18 August 1994.

940821:  	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.

940912:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). 

940920:	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 941017 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 served one year and 2 months in the Navy.  During his tenure, the applicant went to CO’ s NJP on 2 separate occasions for underage drinking and wrongful use of a controlled substance (2 specifications).

In the applicant’s issue 1, 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 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), Change 9/94, effective 
22 Jul 94 until 02 Oct 96, 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