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

ex-ENFR, USN
Docket No. ND02-00136

Applicant’s Request
 
The application for discharge review, received 011018, 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 020701.  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, as submitted

There are several other issues that I wish to address:

1.  I was busted from an ENFR E-4 - then E-3 skipped E-2 and got out E1.

2.  It took me one year to get my personal belongings from my last duty station

3.  My belongings went to the wrong address instead of the address I submitted at the time of my release

Documentation

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

Personal letter from Applicant
Copy of evaluation report and counseling record dated January 17, 1999
Copy of evaluation report and counseling record dated April 11, 1999
Copy of letter from commanding officer dated April 11, 1999

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	960703 - 970923	COG

Period of Service Under Review:

Date of Enlistment:  970625		Date of Discharge:  990923

Length of Service (years, months, days):

	Active:    02  02  29
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  36

Highest Rate:  EN3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.00 (2)	Behavior:  1.50 (2)		OTA:  2.00

Military Decorations:  None

Unit/Campaign/Service Awards:  AFSM, AFEM, NUC, NER, SSDR

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:

980629:	Placement on Mandatory PT Program/counseling (First Cycle Failure):
	Applicant formally evaluated as not meeting the Navy’s minimum physical fitness requirements and advised that to remain eligible for continued service he must participate in the Mandatory PT program regimen and that failure to cooperate in and complete the regimen may constitute grounds for separation processing.

990624:	NJP for violation of UCMJ, Article 86 (2 specs): (1) Absence from unit on 16Jun99, (2) Absence from unit on 22Jun99.
	Award: Restriction and extra duty for 45 days, reduction to ENFN.  No indication of appeal in the record.

990803:	NJP for violation of UCMJ, Article 86:  Failure to go to appointed place of duty, violation of UCMJ, Article 112A: Wrongful use of a controlled substance.
	Award: Restriction and extra duty for 45 days, reduction to ENFR.  No indication of appeal in the record.

990803:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to drug abuse.

990803:	Applicant advised of rights and having elected not to consult 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.

990819:	Commander, Submarine Group Eight directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

990908:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

Note:  First NJP reduced Applicant from EN3 to ENFN.  Second NJP reduced Applicant from ENFA to ENFR.  No record of reduction from ENFN to ENFA found in service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 990923 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 presented issues relating to the return of his personal property and his claim he was improperly reduced in rank.  The Naval Discharge Review Board is appointed with the responsibility of examining the propriety and equity of an Applicant's discharge.  The issues presented by the Applicant do not fall under the Board's review authority.  Accordingly, no relief can be granted on those issues.

The Applicant provided a letter in which he states his actions while on active duty were inappropriate and he has made efforts as a civilian to improve his life.  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 24, effective 20 May 99 until 26 March 2000, 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