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

ex-ABEAA, USNR
Docket No. ND00-01025

Applicant’s Request

The application for discharge review, received 000831, 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 010301.  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: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  I come from a small town in North Central Texas called Decatur.  There are not many jobs in Decatur.  I have lived here with my Grandparents since I was in the sixth grade.

I left Decatur for the Navy in October of 1995 because I needed a job with a regular paycheck, and wanted to learn a trade.  I had no way of going to college because of financial reasons.  I knew about the G.I. Bill so I talked to the Navy recruiter and enlisted in August of 1995.

I attended to basic training in Great Lakes, Illinois, completing my training in January 1996.  I then moved to Millington, Tennessee where I started school for (ABE) Aviation Boatswain's mate Equipment.  I completed my "A" school in the top five of my class of 27 students.  From there I moved to my first sea command to start my sea duty.

I checked on board the USS KITTY HAWK on March 10, 1996.  I was placed in the Air Department in the V-2 Division, the waist catapult work center.  From there I soon became one of the highest qualified airmen.  I was apart of thousand of launches during carrier qualifications, Sea trials, one RIMPAC, and also a Westpac.  I have spent countless numbers of hours doing and completing maintenance on the waist catapult, always doing my job of launching aircraft off the flight deck of an aircraft carrier.  During my tour on the USS KITTY HAWK there were no lost aircraft or personnel for any reason.

I was discharged from the Navy after testing positive on a urinalysis for THC.  I accept responsibility for my actions.  During this period of time I had been under a lot of stress because I was concerned for my grandfather's health.  He had been very ill.  Having had two previous heart attacks and emphysema I was concerned when he was ill.  My Grandparents raised me most of my life.  My Grandfather has been the only male role model that was not an alcoholic or who was not abusive.  I accepted an offer to smoke a joint with a friend.  I didn't want to be alone in my depressed and sad state of mind so I joined him.

That was the first and only time that I smoked pot while in the military.  I know it was wrong.  I accepted the actions of the board when I was discharged from the Navy with a General Discharge under honorable conditions.

After returning to Decatur I have been employed by local establishments.  I worked in construction from June 1998 until June 1999.  I then went to work in a distribution center as a fork lift operator.  In June of 2000 I left that position to work for an independent contractor that builds watertowers in the southern part of the United States.

I am requesting that my Discharge be upgraded to an Honorable from a General under Honorable and a reentry code of a R-3.  I am requesting this because I am considering reentry into the armed forces.

I have learned a very important lesson in life and would like another opportunity to serve my country.

Your consideration of this request is greatly appreciated.

Documentation

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

Copy of DD Form 214
Copy of Certificate of Completion (Aviation Boatswain's Mate (Equipment) Airman Recruit
Copy of Certificate of Commendation
Copy of Letter of Appreciation
Copies of Evaluation Report & Counseling Record (6pgs)
Copies of Record of Proceedings of ADB (2pgs)
Applicant's Statement 

PART II - SUMMARY OF SERVICE

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

	Active:   USN			None
	Inactive: USNR 		950803 - 951024	COG

Period of Service Under Review:

Date of Enlistment:  950803		Date of Discharge:  980324

Length of Service (years, months, days):

	Active:    02  05  00
	Inactive:  00  02  21

Age at Entry:  19			Years Contracted:  3 (12 months extension)

Education Level:  12			AFQT:  34

Highest Rate:  ABEAN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  4.00 (3)	Behavior:  3.33 (3)		OTA:  3.76

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SSDR, AFEM 

Days of Unauthorized Absence:  None 

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority:  NAVMILPERSMAN, Article 1910-146, formerly 3630620.

Chronological Listing of Significant Service Events:

951025:	Ordered to active duty for 36 months under the Seaman Apprenticeship Program. 

971224:	NAVDRUGLAB SAN DIEGO, CA urinalysis report indicates applicant tested positive for THC.

980120:	DAAR indicates marijuana abuse as a result of a random urinalysis, dependency not determined, not amenable, separate not via VA Hospital. 

980121:	NJP for violation of UCMJ, Article 112a: Wrongfully use marijuana on or about 971215.
	Award:  Forfeiture of $519.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2.  No indication of appeal in the record.

980225:	NJP for violation of UCMJ, Article 86(3 specs):  Failing to go to restricted men’s muster on 1 Feb, 16 Feb, and 19 Feb 1998.
	Award:  confinement on three days bread and water.

980123:	Applicant notified of intended recommendation for discharge other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your Commanding Officer's Nonjudicial Punishment of 980123 for violation of the UCMJ, Article 112a.

980123:  	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

980304:	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 general under honorable conditions.

980312:	Commanding officer recommended discharge general under honorable conditions by reason of misconduct due to drug abuse (use).  Commanding officer’s comments (verbatim):  ABEAA_____(applicant)’s knowledge of the Navy’s prohibition of drugs combined with his illicit use demonstrates his lack of potential for further useful service.  I am disturbed by the Board’s characterization of service, however, I recognize that the Board appropriately took into consideration the dedication and sacrifice ABEAA____(applicant) demonstrated on active duty before he chose to end his career by abusing drugs.  I am also aware that naval regulations prevent lowering a Board’s recommended characterization of discharge absent fraud or collusion.  There is no such evidence in this case.  Therefore, I directed the immediate separation of ABEAA_____(applicant) from the naval service with a Genera discharge. 

PART III – RATIONALE FOR DECISION AND PERTINENT 
REGULATION/LAW

Discussion

The applicant was discharged on 980324 general under 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, the Board, after thoroughly examining the applicant’s service record and documents, determined the discharge of general (under honorable conditions) will remain the same.  The Navy has a ‘zero tolerance’ policy concerning use of illegal substances.  The applicant was already on a waiver for pre-service drug use and then violated the UCMJ by using drugs again on active duty.  Relief denied.  In addition, the Board has no authority to change re-enlistment codes or make recommendations to permit re-entry into the Naval Service or any other of the Armed Forces.  Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to re-enlistment.  A request for waiver is normally done only during the processing of a formal application for enlistment. 

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 18, effective 12 Dec 97 to 19 May 99, 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