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

 ex-MSSA, USN
Docket No. ND01-00775

Applicant’s Request

The application for discharge review, received 010517, requested that the characterization of service on the discharge be changed to honorable.  The Applicant requested a personal appearance hearing in the Washington National Capital Region.  The Applicant listed the Disabled American Veterans as the representative on the DD Form 293.

Decision

A personal appearance discharge review was conducted in Washington, D.C. on 021009.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the 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 – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

Issue 1:  Post Service Clemency!  Will give a brief summary of Military service and what (FSM) feels led to his military separation and dishonorable discharge from naval services.

Documentation

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

Copy of DD Form 214
Letter from Tidewater Auto Auction dated October 3, 2002
Letter from wife dated October 7, 2002
Character reference dated October 6, 2002
Character reference dated October 6, 2002
Personal Appearance e-mail dated September 4, 2002
Character reference from Craney Island Security Force dated October 7, 2002
Laboratory Corporation of America Drug test dated October 1, 2002
Character Reference dated October 8, 2002
Tidewater Community College Student Profile dated August 23, 2001
Transcript of Driver History Record dated April 5, 2001
Copy of certificate of completion dated May 8, 1998
Copy of enrollment status South Carolina State University dated October 1, 2002
City of Suffolk Local criminal Record Check dated September 24, 2002
Copy of Virginia Department of Motor Vehicles transcript
Copy of local criminal record check from City of Suffolk dated June 7, 2001

PART II - SUMMARY OF SERVICE

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

	Active:   USN			820512 - 860501	HON
	Inactive: USNR (DEP)	811230 - 820511	COG

Period of Service Under Review:

Date of Enlistment:  860502		Date of Discharge:  880506

Length of Service (years, months, days):

	Active:    02  00  05
	Inactive:  None

Age at Entry:  22			Years Contracted:  2 (4 months extension)

Education Level:  9 GED		AFQT:  33

Highest Rate:  MS3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.00 (4)	Behavior:  2.75 (4)		OTA:  2.75

Military Decorations:  None

Unit/Campaign/Service Awards:  SSDR, BER with 1 Star, NEM, MUC

Days of Unauthorized Absence:  None

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:

870621:	Applicant arrested by United States Capitol Police and charged with DUI - narcotics, UCSA - PCP, UCSA - cannabis.  
	Fined $350.00 or appear in Superior Court on 1Jul87.  No further information found in service record.

870701:	NAVDRUGLAB, Norfolk, VA reports Applicant's urine sample, received 870624, tested positive THC/PCP.

870902:	NJP for violation of UCMJ, Article 112a: Wrongfully use PCP, wrongfully use marijuana, violation of UCMJ, Article 111: Drunk driving.
	Award: Forfeiture of $437 per month for 2 months, reduction to MSSN.  No indication of appeal in the record.

871105:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

871208:	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

880311:	An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

880414:	NJP for violation of UCMJ, Article 92: Wrongfully activate fire alarm, violation of UCMJ, Article 112A: Wrongful use of PCP, wrongful use of THC, wrongful use of cocaine.
	Award: Forfeiture of $225 per month for 2 months, restriction and extra duty for 45 days, reduction to MSSA.  No indication of appeal in the record.

880422:	Medical evaluation for drug abuse found the Applicant to be a drug abuser, not drug dependent.  

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

880429:	CNMPC directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

891012:	NDRB documentary record review Docket Number ND89-01677 conducted.  Determination:  Discharge proper and equitable; relief not warranted.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 880506 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 Applicant requests clemency based upon post-service conduct.  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.  After a complete review of the entire record, including the evidence submitted by the Applicant, the board determined that his discharge was appropriate and that his evidence of post-service conduct was found not to mitigate the conduct for which he was discharged.  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