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

 ex-SR, USNR
Docket No. ND01-00149

Applicant’s Request

The application for discharge review, received 001117, requested that the characterization of service on the discharge be changed to entry level separation or uncharacterized.  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 010406.  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.  To whom it may concern I respectfully ask for my discharge to be reviewed, and considered for a up-grade.  When I joined the military I was young and irresponsible, I also had never really been away from home and I was afraid of facing life or growing up.  I tried, tried, and tried to make myself adjust to navy life but just couldn't. I was home sick.  I talked to people and asked for advice and it helped some times, but I would start back feeling the same way as before.  I asked the chaplain for help, and about a hardship discharge and he told me I would be fine, and not to worry, but being young and away from home for the first time, I did not understand where he was coming from.  So I confessed to smoking marijuana and I was put on 45 days extra duty and 45 days restriction.  This punishment only made me want to go home more than ever.  After my restriction and extra duty was complete I was asked if wanted to go home or stay in the navy, because my drug test came back negative.  I choose to get out.  I didn't realize at that time that this would be the biggest mistake of my life.  I feel that since I've been out I've become a mature young-man.  I'm more responsible, and a better decision maker.  I also think that I can serve my country better and handle any obstacle or endeavor that I may face in life or in the navy.  I feel that the navy can offer me a lot, but I know that in return I can offer some things to the navy.  I am a different person than I was then.  I'm mature, older, and most important I've found my lord and savior, which made me able to become a better man.  I have not let getting out of the navy hinder me in no way I have been going to school, working and doing things in my community.  I have worked for the Georgia Department of Corrections, I've worked in resturant management.  And I'm currently a deputy sheriff, I've coached little league football, I've worked with the 4-H Sprouts of America in my country, I have joined a church, and I've also joined the Powersville Masonic Lodge #134 of Powersville GA.  So these are a few things I've achieved and worked on and that have made me a better individual.  I have listed references to help you in your decision making.  So thank for your patience and time.  And I hope that you can seethrough my writing that I didn't let this discharge hinder me and that I'm a different person that I was then.  I realy would like to persue a military career, so please consider my discharge for a up grade so that I may be able to get back into the military I feel in m heart that his is what I want and need to fill the empty, and dark spots in my life.  This will make me complete as a spiritual man, and father, and husband.

Documentation

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

Copy of Evaluation Report & Counseling Record
Copy of Transfer Orders
Copies of DD Form 214 (4)
Letters of Recommendation (2)
Character Reference Letters (3)
Copy of Peace Officer Standard and Training Certificate
Copy of Basic Correctional Officer Training Certificate
Employment Reference Letters (2)

PART II - SUMMARY OF SERVICE

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

	Active:   USN			None
	Inactive: USNR (DEP)	None

Period of Service Under Review:

Date of Enlistment:  951122		Date of Discharge:  970117

Length of Service (years, months, days):

	Active:    00  06  22
	Inactive:  00  06  04

Age at Entry:  19			Years Contracted:  8

Education Level:  12			AFQT:  32

Highest Rate:  SR

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.00 (1)	Behavior:  1.00 (1)		OTA:  2.17

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:

960626:	Ordered to active duty for 36 months under the Seaman Apprenticeship program.

961120:	NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance.
	Award:  Forfeiture of $437.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1.  No indication of appeal in the record.

Discharge package is missing from the service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970117 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 the applicant’s issue 1, the Board found that the applicant’s age, education level, and test scores qualified him for enlistment.  While he may feel that his immaturity was a factor that contributed to his action, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service.  Additionally, the Board has no obligation to change the applicant’s discharge in order to allow him to go pursue a military career.  The applicant was in the Navy for only 6 months when he wrongfully used marijuana.  The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions.

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 ample documentation of good character and conduct.  Therefore no relief will be granted.  The applicant 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 14, effective 
03 Oct 96 until 11 Dec 97, Article 3630620  SEPARATION OF ENLISTED PERSONNEL 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