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

ex-HTFN, USN
Docket No. ND01-00190

Applicant’s Request

The application for discharge review, received 001205, 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 010601.  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 1910-146, formerly Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  B____ has a broken left elbow and can not write this himself.  This discharge was based solely on one incident in the 36 months I served in the USN.  On or about May 31, I left NOB Norfolk to return to my family.  My whole family was nearly killed on May 3, 1999 during the OKC Tornado.  My parents and younger sister were in our house when it was destroyed I was c__ with fear that my hole family was dead.  I wasn't thinking rationally when I went awol.  I have earned several letters of commendation.  I was part of the East Crew of the USS Guam.  I was part of the decommissioning crew on the Guam I received those letters.  I also received the Navy achievement Medal and the Surface Warfare Pin.  I served with great pride on both the USS Guam and the USS Normandy.  I fulfilled every task given me with the utmost skill, making sure to do every detail with knowledge as well as in a timely manner.  I respectfully request aver an upgrade in my discharge to honorable. 

Documentation

In addition to the service record, NO NOTIFICATION OR STATEMENT OF AWARENESS AVAILABLE, the following additional documentation, submitted by the applicant, was considered:

Letter from Applicant's parents (2pgs)
Letter from Director, White House Liaison Office
Copies of Certificates of Commendation (2)
Copy of Navy and Marine Corps Achievement Medal Certificate
Copy of Enlisted Surface Warfare Specialist (ESWS) Designation Letter
Copy of Enlisted Surface Warfare Specialist (ESWS) Certificate

PART II - SUMMARY OF SERVICE

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

	Active:   USN			None
	Inactive: USNR (DEP)	951222 - 960630	COG

Period of Service Under Review:

Date of Enlistment:  960701		Date of Discharge:  990820

Length of Service (years, months, days):

	Active:    03  01  20
	Inactive:  None

Age at Entry:  17			Years Contracted:  4 (24 months extension)

Education Level:  12			AFQT:  NFIR

Highest Rate:  HT3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  4.00 (1)	Behavior:  1.00 (1)		OTA:  2.86

Military Decorations:  NMCAM

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

Days of Unauthorized Absence:  45 

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  NAVMILPERSMAN, Article 1910-146, formerly 3630620.

Chronological Listing of Significant Service Events:

970320:	NJP for violation of UCMJ, Article 92: Drinking alcohol 12 prior to a training day, underage drinking, (2 Specs).
Award:  Forfeiture of $100.00 per month for 1 month, restriction and extra duty for 7 days (suspended for 6 moths).  No indication of appeal in the record.

990716:	Navy Medical Center Portsmouth Patient Lab Inquiry indicates applicant tested positive for THC.

990721:	Navy Med Center Portsmouth Inpatient Disposition Discharge Order indicates applicant's primary diagnosis was Borderline Personality Disorder, found alcohol, THC, LSD, and nicotine dependent.  Recommended for Level III Residential Treatment for multiple substance dependence prior to separation.

990722:	Military Suspect's Acknowledgement and Waiver of Rights.
 
990726:	NJP for violation of UCMJ, Article 86: Absence without leave 990601-990715 [45days], violation of UCMJ Article 87: Missing Movement, violation of UCMJ Article 112a: (3 Specifications), Wrongful use of a controlled substances to wit: Marijuana, Lysergic Acid Diethylamide (LSD) and Methamphetamines on or about 990712.
	Award:  Forfeiture of $589.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-3.  No indication of appeal in the record.

990730:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by CO's NJP 990715 for violation of Article 112a (Wrongful Use of a Controlled Substance - Marijuana, Lysergic Acid Diethylamide (LSD), and Methamphetamine), and by reason of misconduct due to commission of a serious offense as evidenced by CO's NJP 990715 for violation of Article 87 (Missing Movement).

990805:	Commander, Cruiser Destroyer Group TWO authorized 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 990820 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 applicant’s issue describes the circumstances surrounding his misconduct.  He states: “….This discharge was based solely on one incident in the 36 months I served in the USN.  On or about May 31, I left NOB Norfolk to return to my family.  My whole family was nearly killed on May 3, 1999 during the OKC Tornado.  My parents and younger sister were in our house when it was destroyed I was c__ with fear that my hole family was dead.  I wasn't thinking rationally when I went awol.  I have earned several letters of commendation.  I was part of the East Crew of the USS Guam.  I was part of the decommissioning crew on the Guam I received those letters.  I also received the Navy achievement Medal and the Surface Warfare Pin.  I served with great pride on both the USS Guam and the USS Normandy.  I fulfilled every task given me with the utmost skill, making sure to do every detail with knowledge as well as in a timely manner.  I respectfully request aver an upgrade in my discharge to honorable.”  The Board found that the applicant was properly separated for his misconduct- drug abuse.  The applicant admitted use of illegal drugs.  The Board found the negative aspects of the applicant’s service outweighed his positive contributions.  An Other Than Honorable discharge accurately characterizes the applicant’s service.  Relief is not warranted.

The NDRB is authorized to consider post-service factors in the re characterization of a discharge.  There is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service.  Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question.  Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB.  The applicant did not provide any post service documentation for the Board’s consideration. 

The applicant is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at personal appearance hearing is highly recommended.

Pertinent Regulation/Law (at time of discharge)

A.  The Naval Military Personnel Manual, (NAVPERS 15560C), Change 24, effective 20 May 99 until 26 March 2000, 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