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

 
ex-HR, USN
Docket No. ND01-00068

Applicant’s Request

The application for discharge review, received 001018, 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 010329.  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 – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank. 

Documentation

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

Letter from applicant dated October 2, 2000

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	880506 - 880925	COG

Period of Service Under Review:

Date of Enlistment:  880926		Date of Discharge:  910702

Length of Service (years, months, days):

	Active:    02  09  07
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  40

Highest Rate:  HA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.40 (2)	Behavior:  3.60 (2)		OTA:  3.60

Military Decorations:  None

Unit/Campaign/Service Awards:  MUC 

Days of Unauthorized Absence:  79 

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

880927:	Applicant briefed on Navy's policy on drug and alcohol abuse.

890807:	Applicant to unauthorized absence 1440, 7Aug89.

890808:	Applicant from unauthorized absence 0640, 8Aug89 (16 hours/surrendered).

891026:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 2225-2240, 21Sep89 (15 minutes/surrendered), violation of UCMJ, Article 92: Derelict in duties in that he negligently failed to monitor a patient as it was his duty to obey on 0140, 5Oct89.
	Award: Forfeiture of $349 per month for 2 months, restriction and extra duty for 30 days, reduction to HR.  Forfeiture suspended for 90 days.  No indication of appeal in the record.

901115:	Applicant declared a deserter.

910207:	Special Court Martial
	Charge I: violation of the UCMJ, Article 86:
	Specification: Unauthorized absence 0745, 16Oct90 to 1430, 3Jan91 (79 days/surrendered).
	Charge II: violation of the UCMJ, Article 112A:
	Specification: Wrongful use of cocaine on 3Jan91.
	Findings: to Charge I and II and specifications thereunder, guilty.
	Sentence: HL for 60 days, written reprimand.  Court members also recommended applicant attend Level III rehabilitation for drug abuse.
	CA 910312:  Sentence approved and ordered executed.

910306:	NJP for violation of UCMJ, Article 86: Unauthorized absence 0745-1150, 25Feb91 (4 hours and 5 minutes/surrendered), violation of UCMJ, Article 134 (2 specs): (1) Make and utter checks for $1,578.94 for the purpose of procuring funds from 12Sep90 to 25Sep90, to the Navy Exchange, SUBASE, Groton, CT, (2) Make and utter check for $40.00 for the purpose of purchasing a tire on 10Oct90, to Discount Tire Company in Groton, CT.
	Award: Reduction to HR.  No indication of appeal in the record.

910514:	Drug and Alcohol Abuse Report: Cocaine abuse, ashore off duty, 3Jan91 probable cause urinalysis.  CAAC and physician found applicant not dependent and recommended separation not via VA hospital.  Commanding officer recommended separation not via VA hospital.

910515:	Substance Abuse Brief: Positive probable cause urinalysis.  Cocaine abuse.  CAAC and medical officer found applicant not dependent.

910524:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the drug abuse, misconduct due to a pattern of misconduct, and misconduct due to commission of a serious offense.

910524:  	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights.

910530:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse, misconduct due to a pattern of misconduct and misconduct due to the commission of a serious offense. 

910618:	BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT 
REGULATION/LAW

Discussion

The applicant was discharged on 910702 under other than honorable conditions for misconduct due to commission of a serious offense (A and B).  The Board presumed regularity in the conduct of governmental affairs (C).  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 (D and E).

The applicant introduced no decisional issues for consideration by the Board.

The following is provided for the applicant’s edification.  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.  Naval Military Personnel Manual, (NAVPERS 15560A), Change 8, effective 
21 Aug 89 until 14 Aug 91, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

B.  Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 86, for unauthorized absence for a period in excess of 30 days, if adjudged at a Special or General Court-Martial.

C.  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.  

D.  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.

E.  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