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

 ex-MMFN, USN
Docket No. ND02-00273

Applicant’s Request

The application for discharge review, received 020128, 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 021115.  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

1.  To the board I made a mistake and ruined my active duty service.  I would love to serve my country now in national Guards.  I honestly don't want to ruined the rest of my life.  I can't find a decent job now.  I already owe everyone money including the Department of defense.  Please can you help me? I had two recommendations for discharge; I was unhappy with being in the Navy. One was from a Navy doctor one was from a Senator R_ L_.  Both of the recommendations were denied by my CO.  Then I failed a urinals test witch is something I agreed not to do in my contract.

The Applicant marked the box "I HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THIS APPLICATION."  None were found.

Documentation

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

Applicant's DD Form 214 (2 copies)
Character reference from Applicant's wife

PART II - SUMMARY OF SERVICE

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

	Inactive: USMCR(J)		9710** - 971220	ELS
   USNR (DEP)	971220 - 980531	COG
	Active:   None

** Note: Exact date unknown.
Period of Service Under Review:

Date of Enlistment:  980601		Date of Discharge:  010413

Length of Service (years, months, days):

	Active:    02  10  13
	Inactive:  None

Age at Entry:  20			Years Contracted:  4

Education Level:  12			AFQT:  32

Highest Rate:  MM3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.00 (2)	Behavior:  2.50 (2)		OTA:  2.49

Military Decorations:  None

Unit/Campaign/Service Awards:  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:

010316:	NJP for violation of UCMJ, Article 112A: Wrongful use, possession, etc., of controlled substance.
	Award: Forfeiture of $653 per month for 1 month, restriction for 30 days, reduction to MMFN.  No indication of appeal in the record.

010320:	Medical evaluation for drug abuse found the Applicant to be a drug abuser, not drug dependent.  “Member (Applicant) dissatisfied with Naval Service.  Used substance as escape from stress…Main focus is quitting and getting out of Naval Service.  Pt (Applicant) is pleased with judgment of separation.”

010329:	Psychiatric evaluation: Axis I: Occupational problems.  Plan: 1 Discharge to command, fit for full duty.  2.  Recommend pt attend weekly administrative separation group….  3.  Pt instructed to contact command DAPA, recommend ARD Level III….  4.  Dr. D_ will discuss pt with ships GMO M_ on 30Mar01.  5.  Pt discussed with staff psychiatrist, Dr. M_ who concurred with plan.

010413:	DD Form 214: Applicant discharge under other than honorable conditions by reason of misconduct due to drug abuse (use), authority: NAVMILPERSMAN, Article 1910-146.

Note:  The Applicant’s separation package is missing from the service record.  The
NDRB requested the Applicant provide pertinent documentation to the Board for
review, if available.  The NDRB received no response from Applicant to this request.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 010413 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 used illegal drugs.  Drug abuse warranted processing for separation, normally under other than honorable conditions.  The record clearly reflects the Applicant’s disregard for the requirements of military discipline and demonstrated he had no potential for further service.  A characterization of service of under than honorable conditions is warranted when the service member’s conduct constitutes a significant departure from that expected of a Sailor.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives that regulate good order and discipline in the Naval Service, and falls short of that required for an honorable characterization of service.  An upgrade to under honorable conditions would be inappropriate.  It must be noted that most Sailor’s serve honorably and well and therefore earn honorable discharges.  In fairness to those Sailors, Commanders and Separation Authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due.  The Board presumed regularity in the conduct of government affairs and determined that the discharge was proper and equitable.  Relief denied.

The NDRB has no authority to change reentry codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces.  Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment.  A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  Relief is therefore denied. 

The following is provided for the Applicants information.  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, a positive employment record, documentation of community service, certification of non-involvement with civil authorities, and credible evidence that the Applicant is living a drug-free life style, are examples of verifiable documents that should be provided to receive consideration for clemency, based on post-service conduct.  

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.  The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time.  Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

A.  The Naval Military Personnel Manual, (NAVPERS 15560C), Change 31, dated 20 Feb 01, effective 12 Feb 2001 until 15 Jul 2001, 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 "afls14.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