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

ex-HT2, USN
Docket No. ND02-00323

Applicant’s Request

The application for discharge review, received 020129, requested that the characterization of service on the discharge be changed to honorable or 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 020829.  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.  I am Respectfully requesting to apply for a change in the type of military discharge issued to me.  I would like for The Naval Discharge Review Board to review my military performance over the eight & a half year period, in which I served.  In that time I feel that my service given to the United States Navy was without question honorable and deserves at least a review and a change or upgrade in discharge codes.

From recommendations, by my Vocational Rehab sponsor, I am enclosing copies of my compensation from the Department of Veterans Affairs. Due to the type of discharge I received, (discharge code) they also had to review my entire career with the US Navy to determine if whether my eight & a half years was served honorably.  As you can see, they have determined that my service was in fact Honorable.

I am including supporting documents from my service record to help try and justify what I am trying to have changed.  I have a complete copy of my service record just prior to my separation on 18 August 2000, so if you need more documents from me, please feel free to let me know.  Sincerely,

Documentation

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

Copy of DD Form 214
Copy of letter from Department of Veterans Affairs dated April 18, 2001
Nine pages from applicant's service record

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	900910 - 910816	ELS 
		   USNR (DEP)	910821 - 920210	COG
Active:   USN			920211 - 950831	HON
	   USN			950901 - 990819	HON

Period of Service Under Review:

Date of Enlistment:  990820		Date of Discharge:  000818

Length of Service (years, months, days):

	Active:    00  11  29
	Inactive:  None

Age at Entry:  26			Years Contracted:  4

Education Level:  12			AFQT:  70

Highest Rate:  HT2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.50 (2)	Behavior:  1.50 (2)		OTA:  2.36

Military Decorations:  None

Unit/Campaign/Service Awards:  Flag Letter of Commendation, NMCAM (2), GCM (2), OSR (4), HSM, 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:

000718:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

000718:	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.

000719:	Commanding Officer, Navy Recruiting District Indianapolis, recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).  Commanding Officer’s comments (verbatim): Received urinalysis message indicating member tested positive for THC use.  Member was read his rights, which he waived.  Member was given notice of Administrative Board Procedure, which was explained in its entirety by the Executive Officer.  Member waived right to consult with legal counsel.  Member also waived right to an Administrative Board.  Legal Officer explained to member the least favorable characterization of service possible is under Other Than Honorable.  Member again elected to waive Administrative Board.  Petty Officer (applicant) is recommended for separation due to drug abuse with characterization of service to be Other Than Honorable.

000802:	Commander, Navy Recruiting Command directed 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 000818 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.  There is credible evidence in the record that the applicant used illegal drugs. Drug abuse warranted processing for separation, normally under other than honorable conditions.  His performance prior to the drug abuse does not mitigate his use of illegal drugs.  The Veteran’s Administration review of the applicant’s records is not a determining factor in the NDRB’s review of the applicant’s final enlistment.  The discharge was proper and equitable.  Relief denied.

The applicant’s discharge characterization accurately reflects his service to his country.  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.  Relief not warranted.

The applicant 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.  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 27, effective 27 March 2000 - 11 Feb 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 "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