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

 ex-AOAR, USN
Docket No. ND01-01195

Applicant’s Request

The application for discharge review, received 010920, requested that the characterization of service on the discharge be changed to general/under honorable conditions and the reason for the discharge be changed to at least RE-3 for Re-enlistment.  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 020517.  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 (verbatim)

1. The only issues I have are connected w/one isolated act of intolerable conduct, which at the time was just that.  I claimed (To my C.O.) that I had used marijuana while home on emergency leave due to my grandfather's death. (Also the deaths of (3) of my friends) stress and grieving played a larger part in my actions at that time.  The rest of the blame, I feel, can be attributed to immaturity and a severe lack of priorities in my youth. Note! I take full responsibility for my actions, and fully understand why I was given the less than honorable RE-4 Re-enlistment code.  Since my discharge from active duty, however, my life has changed drastically in a way which has forced me to grow-up" and take on a lot of responsibility.  I am soon to be married, and have a son on the way due in November. (Nov 10th).  I don't expect to be given "an Honorable status.  I only ask to be given a second chance to put to use the training I was given by the U.S.M. during my service. (AO/Aviation Ordinance).  I am requesting only an RE-code of (3) three, which would allow me to re-enter the Navy, at which time I intend to prove myself to be honorable.  My record up until this incident should reflect the potential I have to be very honorable, and extremely useful to the U.S.N.  I beg you now, more than ever before, please give me this 2nd chance! I won't let you down! Thank you.

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:   USN			None
	Inactive: USNR (DEP)	960926 - 961007	COG

Period of Service Under Review:

Date of Enlistment:  961008		Date of Discharge:  980220

Length of Service (years, months, days):

	Active:    01  04  13
	Inactive:  None

Age at Entry:  20			Years Contracted:  4 

Education Level:  10			AFQT:  70

Highest Rate:  AOAA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF		Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  Marksman Ribbon (MA16)

Days of Unauthorized Absence:  None

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:

980109:	NJP for violation of UCMJ, Article 112a: Wrongful use, possession, of controlled substances.
Award:  Forfeiture of $463.00 pay per month for 2 months, restriction and extra duty for 30 days, reduction to E-1.  No indication of appeal in the record.

980114:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by Commanding Officer's Non-Judicial Punishment of 980109 for violation of UCMJ Article 112a (use of a controlled substance i.e. marijuana).

Undated:	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 (Not dated).

980119:	Medical evaluation indicates applicant was screened for self-admission to the use of marijuana while TAD in the States on 971228.  Medical Officer's diagnostic impression and assessment is that the applicant does not appear to meet DSM IV criteria for drug dependency.

980119:	Commanding officer recommended discharge under other than honorable condition by reason of misconduct due to drug abuse (use).

980122:	Commander, Carrier Group FIVE authorized 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 980220 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 states that his marijuana use was a one time occurrence, and he would like to get his RE Code changed so he may reenter the service.  The NDRB reviewed the applicant’s service record and found the discharge proper and equitable.  The applicant failed to demonstrate that he is no longer using drugs, has a clean police record and volunteers in his community to warrant relief based on post service equity.  Relief is not warranted.

In reference to changing this reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reentry into the naval service or any other of the Armed Forces.  The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy or Marine Corps.  Reenlistment policy of the naval service is promulgated by the Commander, Navy Personnel Command, Pers-814, 5720 Integrity Drive, Millington, TN 38055.  A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  Relief, is therefore, denied.

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.
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 "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