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

 ex-RMSN(SW), USN
Docket No. ND01-00586

Applicant’s Request

The application for discharge review, received 010327, requested that the characterization of service on the discharge be changed to general/under honorable conditions.  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 010817.  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.  MY UNDESIRABLE DISCHARGE WAS INEQUITABLE BECAUSE IT WAS BASED SOLEY ON ONE ISOLATED INCIDENT IN 9 1/2YEARS OF MILITARY SERVICE.  I HAVE SINCE CONTINUED A CAREER IN THE COMMUNICATIONS FIELD AND AM EXCELLING WELL.  I HAVE BEEN A MODEL CITIZEN IN THE CIVILIAN SECTOR SINCE BEING RELEASED FROM MILITARY SERVICE. I AM REQUESTING A REVIEW OF MY DISCHARGE BECAUSE ONE ISOLATED INCIDENT DOES NOT DEFINE THE PERSON THAT I REALLY AM OR THE PERSON THAT I WAS AT THE TIME OF THE INCIDENT.  MY MILITARY RECORD WILL SHOW THAT BEFORE THE INCIDENT I WAS A MODEL SAILOR. SOME OF MY ACHIEVEMENTS WHILE SERVING IN THE NAVY WERE THE NAVY ENLISTED SURFACE WARFARE SPECIALIST, NAVY ACHIEVEMENT MEDAL, ATTAINING THE RANK OF E6, LPO OF AN AEGIS CLASSS DESTROYER, DEVELOPMENT AND TRAINING OF LESSON PLANS FOR THE COMMISSION OF USS BARRY'S ANDA HOST OF OTHER AWARDS AND MEDALS. I WOULD GREATLY APPRECIATE IT IF THE BOARD WOULD TAKE ANOTHER LOOK AT MY RECORD AND CONSIDER UPGRADING MY DISCHARGE TO A GENERAL UNDER HONORABLE CONDITIONS.

Documentation

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

Copy of certificate dated February 26, 1999
Copy of certificate dated June 28, 1999
Copy of certificate dated October 29, 1999
Copy of certificate dated May 12, 2000

PART II - SUMMARY OF SERVICE

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

	Active:   USN			890817 - 940930	HON
		   USN			851203 - 890816	HON
	Inactive: USNR (DEP)	850617 - 851202	COG

Period of Service Under Review:

Date of Enlistment:  941001		Date of Discharge:  950508

Length of Service (years, months, days):

	Active:    00  07  08
	Inactive:  None

Age at Entry:  27			Years Contracted:  2

Education Level:  12			AFQT:  32

Highest Rate:  RM1

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.20 (3)	Behavior:  3.20 (3)		OTA:  3.73

Military Decorations:  NMAM. 

Unit/Campaign/Service Awards:  NUC, SSR, AFEM, NDSM, SSDR, GCM (2), NER with 2 E S, SASM, ESWS.

Days of Unauthorized Absence:  6 

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:

950411:	Drug and Alcohol Screening: No potential for further service. 
 
950412:	Applicant to unauthorized absence 0730, 12Apr95.

950418:	Applicant from unauthorized absence 2046, 18Apr95 (6 days/surrendered).

950425:	NJP for violation of UCMJ, Article 112A: Wrongfully use a controlled substance, to wit: marijuana, violation of UCMJ, Article 86: Failure to go at time prescribed to appointed place of duty.
Award: Forfeiture of $743 per month for 2 months, restriction and extra duty for 45 days, reduction to RM2.  No indication of appeal in the record.

950426:	Dependency eval: A: Not dependent on illicit drug, eg THC, situational alcohol abuse.  P: Recommend CAAC screen if eligible for ETOH use.  Handle administratively as appropriate.

950426:	Applicant refused Level III treatment recommended by CAAC during my alcohol dependency evaluation.

950502:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

950502:  	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.

950502:	Commanding officer recommended discharge general (under honorable conditions) by reason of misconduct due to drug abuse (use). 

950505:	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 950508 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 states that his discharge was inequitable as it was based on an isolated incident and post service accomplishments.  The Board found no permissive drug policy to exist where a service member is permitted to use drugs.  The applicant’s rank and level of responsibility further contributed to the characterization of service.  Relief is denied.

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 failed to provide documentary evidence to demonstrate his sobriety, positive community service, employment history, and clean police record.  Relief is not warranted.

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 recommended. 

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560C), Change 9/94, effective 
22 Jul 94 until 02 Oct 96, 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 "afls10.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