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

ex-SR, USN
Docket No. ND01-00213

Applicant’s Request

The application for discharge review, received 001211, requested that the characterization of service on the discharge be changed to entry level separation or uncharacterized.  The applicant requested a personal appearance hearing before a traveling panel closest to Marquette or Sawyer, MI.  The applicant did not list any representative on the DD Form 293.  In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington DC area.  The NDRB also advised that the board first conducts a documentary review prior to any personal appearance hearing. 

Decision

A documentary discharge review was conducted in Washington, D.C. on 010615.  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.  I should not be eternally punished for the shortcomings of my youth.

2.  I wish to re-enlist - I love the military and I was good at it.

3.  I wish to change discharge to General or entry Level.

4.  And one point I was the best in my class.

Please help me!

Documentation

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

Two pages from applicant's service record

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	971125 - 980126	COG

Period of Service Under Review:

Date of Enlistment:  980127		Date of Discharge:  981119

Length of Service (years, months, days):

	Active:    00  09  24
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  67

Highest Rate:  SR

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF*		Behavior:  NMF*		OTA:  NMF*

Military Decorations:  None

Unit/Campaign/Service Awards:  None 

Days of Unauthorized Absence:  69 

*No marks found in service record.

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:

980108:	Initial enlistment contract documents admission of pre-service marijuana experimentation.  Enlistment waiver granted.

980930:	NJP for violation of UCMJ, Article 86 (5 specs):
Specification 1: Unauthorized absence from 0600, 8Jun98 to 0600, 9Jun98 (1 day)
Specification 2: Unauthorized absence from 0600, 12Jun98 to 2040, 17Jun98 (5 days/surrendered).
Specification 3: Unauthorized absence from 0600, 22Jun98 to 1233, 9Jul98 (17 days/surrendered).
Specification 4: Unauthorized absence from 1235, 9Jul98 to 0600, 30Jul98 (20 days/surrendered).
Specification 5: Unauthorized absence from 0300, 8Aug98 to 0720, 3Sep98 (26 days/surrendered).
Violation of UCMJ, Article 112A:
Specification: Wrongfully use THC.
	Award: Forfeiture of $463 per month for 2 months, restriction and extra duty for 45 days.  No indication of appeal in the record.

980923:	Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent.

981005:	Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse as evidenced by all your punishments under the UCMJ in your current enlistment.

981005:  	Applicant advised of his rights and having elected not to consult 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.

981008:	Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse (Use). 

981102:	Commander, Naval Training Center, Great Lakes, IL 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 981119 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).

Issue 1 and 3.  The applicant states he should not be eternally punished for the shortcomings of his youth and he wishes to change his discharge to General or entry Level.  The applicant’s discharge was proper and equitable.  Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question.  No such error or injustice occurred during the applicant’s enlistment.  Additionally, 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 civilian life, subsequent to leaving the service.  However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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.  Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge.  Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs, are examples of verifiable documents that should have been provided to receive consideration for clemency, based on post-service conduct.  The applicant did not provide any of these documents.  He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge.  The applicant can provide additional documentation to support any claims of post-service accomplishments at that time.  Legal representation at a personal appearance hearing is highly recommended but not required.  Relief denied.

Issue 2.  The applicant states he wishes to re-enlist.  The NDRB is under no obligation to upgrade and applicant’s discharge for the purpose of  allowing him or her to re-enlist into any branch of military service.  His discharge was proper and equitable.  Relief denied.

Issue 4.  The applicant states at one point he was the best in his class.  The Board determined this is not a decisional issue and requires no further comment.  Relief denied.

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