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

 ex-SHSR, USN
Docket No. ND01-00737

Applicant’s Request

The application for discharge review, received 010508, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to unfit for military duty.  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 011214.  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 and narrative reason of the discharge shall not change.  The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  My name is W____ C____.  I am submitting this request to have my discharge upgraded.  I was discharged for using marijuana.  This was my first and last time of ever doing so.  I was charged with two convictions, but they happened at the same time, but charged separately.  This was the first and only time I ever got in trouble.  I served with honor up until this time aboard the U.S.S. Roosevelt.  I was an E-4 ship's servicemen.  I have since went on to become a father of two and a responsible adult.  On July 27, 2001, I will graduated with honors from Isothermal Community College with an Associate of Applied Science Degree in Electrical/Electronics Technology.  I realized my mistake and I am extremely fearful that the sin of the boy will jeopardize the future of the man.  I hope the board will take into consideration my request, and see that I am not the same person that brought shame on to himself and the Navy.  Thank you for your time.  sincerely, M___ W. C____.  If can not be upgraded to honorable.  I would request upgrade to General Under honorable Conditions.  I think due to circumstances that my discharge should be considered under the guidelines of inequitable. Thank you.

Documentation

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

Transcripts from Isothermal Community College (2)
Copy of Deans List Certificate
Copy of DD Form 214
Resume

PART II - SUMMARY OF SERVICE

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

	Active:   USN			None
	Inactive: USNR (DEP)	850507 - 850806	COG

Period of Service Under Review:

Date of Enlistment:  850807		Date of Discharge:  880714

Length of Service (years, months, days):

	Active:    02  11  08
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  42

Highest Rate:  SH3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.40 (4)	Behavior:  3.55 (4)		OTA:  3.55

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  58

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Drug abuse (Use), authority:  NAVMILPERSMAN, Article 3630620.

Chronological Listing of Significant Service Events:

880413:	Applicant declared a deserter on 880403 having been an unauthorized absentee since 0715, 880304 from USS THEODORE ROOSEVELT (CVN-71).

880509:	Applicant surrendered to military authorities on 880502 (1825) at USS ROOSEVELT 9CVN-71).  Returned to military control 880502 (1825).  Retained on board for disciplinary action.

880513:	Summary Court-Martial.
	Charge I:  violation of the UCMJ, Article 86: UA from 880304 to 880502 (58days/S).
	Finding:  to Charge I and the specification thereunder, guilty.
	Sentence:  Confinement for 30 days, forfeiture of $446.00 pay for 1 month, reduced to E-1.
	CA action 880523:  Sentence approved and ordered executed.

880603:	DAAR indicates marijuana abuse as a result of a random urinalysis, found not dependent, not amenable, recommended for separation not via VA Hospital.

880605:	Released from confinement having served 24 days of confinement adjudged on 880513.  Given 6 days credit for good behavior.

880608:	NJP for violation of UCMJ, Article 112a: Wrongful use of marijuana during the period of 880425-880505.
Award:  Forfeiture of $335.00 per month for 2 months, restriction and extra duty for 45 days.  No indication of appeal in the record.

880610:	DAPA indicates applicant is not psychologically or physiologically dependent.
 
880610:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to drug abuse.

880610:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

880620:	Medical evaluation for drug abuse found the applicant to be not drug dependent.

880627:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). 

880705:	CNMPC 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 880714 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.  The Board found that the applicant admitted to pre-service marijuana use on 850502.  Under other than honorable conditions is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record.  The applicant’s service was marred by award of nonjudicial punishment (NJP) for an offense triable by court-martial on one occasion and a summary court-martial on another occasion.  The applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful disobedience of the orders and directives which regulate good order and discipline in naval service, and falls short of that required for an honorable characterization of service.  An upgrade to honorable or change in the narrative reason for separation would be inappropriate.  Relief denied.

The applicant’s discharge characterization accurately reflects his service to his country.  The 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 relief, based on post-service conduct.  The applicant did not provide sufficient documentation to warrant an upgrade to his discharge.  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.

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560A), effective  15 Jun 87 until 
10 Jan 89, 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