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

 ex-SHSA, USN
Docket No. ND01-01174

Applicant’s Request

The application for discharge review, received 010917, requested that the characterization of service on the discharge be changed to general/under honorable conditions.  The applicant requested a personal appearance discharge review before a traveling panel closest to American Canyon, CA.  The applicant did not list any representative on the DD Form 293.  In the acknowledgement letter to the applicant, 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 020604.  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

1.  I was discharged because of an unauthorized absence and use of marijuana during this time.  I admit I was wrong and guilty of both charges, but I was young and unsure of my decision to join the Navy.  I should have taken my future alot more serious, but at the time, I didn't consider these things.  Now that I'm older.  I see the error of my ways.  I'm not asking for an honorable discharge because I know that would be pushing it.  I would however like an upgrade to General under Honorable conditions.  I have really hurt myself in leaving the Navy under those circumstances.  I now ask for forgiveness from the U.S. Navy for my indiscretions during service.  If there was a way to change all this, I would.  If there are any options to make this go any faster and smoother, please inform me.  I wished to go to college and needed my GI Bill, but I lost it all with my immaturity.  Please see it in your heart to at least upgrade my discharge.  Thank you for your time.

Documentation

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

None

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	921130 - 930621	COG

Period of Service Under Review:

Date of Enlistment:  930622			Date of Discharge:  961204

Length of Service (years, months, days):

	Active:    03  05  13
	Inactive:  None

Age at Entry:  17 Parental Consent		Years Contracted:  4

Education Level:  12				AFQT:  53

Highest Rate:  SHSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF				Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

Days of Unauthorized Absence:  189

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:

941123:	NJP for violation of UCMJ, Article 86: Unauthorized absence on 1630, 11Oct94 until 1300, 13Oct94 (1 day/surrendered), violation of UCMJ, Article 87: Missing of ship's movement on 12Oct94.
	Award: Forfeiture of $466 per month for 1 month, restriction and extra duty for 30 days.  Forfeiture of $233 suspended for 6 months.  No indication of appeal in the record.

950420:	NJP for violation of UCMJ, Article 86: Unauthorized absence on 0630, 3Mar95 until 1230, 31Mar95 (28 days/surrendered).
	Award: Forfeiture of $478 per month for 1 month, restriction and extra duty for 45 days, reduction to SHSR.  Reduction suspended for 6 months.  No indication of appeal in the record.

961019:	NJP for violation of UCMJ, Article 86 (3 specs): (1) Unauthorized absence from 1000, 8Jan96 until 2200, 30Jan96 (22 days/ ), (2) Unauthorized absence 5Mar96 until 25Apr96 (  days/surrendered), (3) Unauthorized absence from 0630, 22May96 until 2352, 27Aug96 (97 days/surrendered), violation of UCMJ, Article 87 (2 specs): (1) Missing ship's movement on 10Jan96, (2) Missing ship's movement on 28Jun96, violation of UCMJ, Article 112A: Wrongful use of marijuana between 22May96 and 27Aug96.
	Award:  Forfeiture of $490 per month for 2 months, restriction and extra duty for 45 days, reduction to SHSA.  No indication of appeal in the record.

961029:	Drug and Alcohol Abuse Report: Marijuana abuse.  Self referral/ disclosure 961019.  Commanding officer recommended separation.  Comments:  19Oct96: SHSN (applicant) was taken to CO's NJP for three specs of UA, one spec of missing ships movement and one spec of wrongful use of marijuana.  SNSH (applicant) self-admitted to use of marijuana during his UA's the longest one being 97 days, actual dated of use is unknown due to long time period of UA and several episodes of use, as admitted by SHSN (applicant).  CO order SHSN (applicant) to be administratively separated, no CAAC/Med screening done.

961203:	DD Form 214:  Applicant discharged under other than honorable conditions by reason of misconduct due to drug abuse (use).

Discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 961204 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 used illegal drugs. Drug abuse warranted processing for separation, normally under other than honorable conditions. While he may feel that his immaturity and youth was a factor that contributed to his actions, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service.  The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions. 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 15560C), Change 14, effective 
03 Oct 96 until 11 Dec 97, Article 3630620  SEPARATION OF ENLISTED PERSONNEL 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 "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