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

ex-RMSN, USN
Docket No. ND00-01080

Applicant’s Request

The application for discharge review, received 000926, 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 010313.  After a thorough review of the records, 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 – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  Upon leaving the military in 1992 I have been gainfully employed, married and have children.  All in all my life has been good and I am proud of it.
    However, my outstanding military record was tarnished by one mistake and I sincerly desire to correct the nature of my discharge.
    Perhaps my children my express an interest in military service and I would be very proud to tell them of my positive accomplishments in the Navy including a “good” discharge!
    Personal and professional references are available.

Documentation

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

Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:   USN			830406 - 890209	HON
	Inactive: USNR (DEP)	000000 - 000000	COG

Period of Service Under Review:

Date of Enlistment:  890210		Date of Discharge:  920214

Length of Service (years, months, days):

	Active:    03  00  04
	Inactive:  None

Age at Entry:  25			Years Contracted:  4 

Education Level:  12			AFQT:  30

Highest Rate:  RM2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.44 (5)	Behavior:  3.12 (5)		OTA:  3.44

Military Decorations:  None

Unit/Campaign/Service Awards:  GCM(2), NDSM

Days of Unauthorized Absence:  1 

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Drug abuse (Use), authority:  NAVMILPERSMAN, Article 3630620.

Chronological Listing of Significant Service Events:

910918:	NAVDRUGLAB Oakland, CA, report applicant positive for amphetamine/methamphetamine.

911108:	Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent.  Requires rehabilitation at CAAC Level II.   

911205:	NJP for violation of UCMJ, Article 86 (3 specs):  1st spec:  Failure to go to the prescribed appointed place of duty, 2nd spec:  Absent from place of duty from 0700, 07OCT91 through 0800, 08OCT91, 3rd spec:  Absent from place of duty from 0830, 08OCT91 through 2000, 08OCT91; violation of UCMJ Article 91: Failure to obey a lawful order; violation of UCMJ Article 112a: Wrongful use of a controlled substance (amphetamine/methamphetamine).
	Award:  Forfeiture of ½ pay per month for 2 months, restriction and extra duty for 45 days (forfeit of pay and rest susp for 6 mos), reduction to E-4.  No indication of appeal in the record.

920108:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your amphetamine/methamphetamine use on 04 SEP 91 and subsequent conviction at captain’s mast on 05 DEC 91 for violation of UCMJ Article 112a.

920109:  	Applicant advised of her rights and having consulted 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.

920116:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).  Commanding officer’s comments (verbatim):  RM3_______(applicant) originally requested a courts-martial, and we prepared a strong case against her on the aforementioned charges.  Ultimately she decided to accept captain’s mast.  I adjusted her guilty on the drug charges due to the positive urinalysis and her admission the drug was in her system at the time; choosing to disbelieve her defense of “passive ingestion”.  I most emphatically believe RM2______(applicant) should be separated from the U.S. Naval service under other than honorable conditions.

920128:	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 920214 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, 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, 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 her 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 her pursuits and is reminded that she 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), effective 15 Aug 91 until 04 Mar 93, 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