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

 ex-SWCR, USNR
Docket No. ND02-00444

Applicant’s Request

The application for discharge review, received 020304, requested that the characterization of service on the discharge be changed to entry level separation or uncharacterized.  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 021121.  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.  Prior to being discharged I was talking to a chaplin and mental health doctor about a hard ship discharge.  When I was arrested on base for poss. of controlled substance I was at the end of my rope.  My mom & dad just got a divorce after 23 years of marriage and shortly there after my sister was in a bad car wreck and her back was broken.  With my parents going through the divorce I was being pulled both ways and under a lot of stress and I handled it wrong.  I was also upset at the Navy because I joined to see places and the sent me to LNAS which is 7 to 14 miles from my house, if I could go back and do things differently I would but I can't change the past I can only try to do better now.  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):

	Inactive: None
	Active:   None

Period of Service Under Review:

Date of Enlistment:  960830		Date of Discharge:  980825

Length of Service (years, months, days):

	Active:    01  02  07
	Inactive:  00  09  18

Age at Entry:  20			Years Contracted:  8

Education Level:  12			AFQT:  42

Highest Rate:  SWCA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF		Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  None

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:

980803:	NJP for violation of UCMJ, Article 112A: Wrongfully possess 1.34 grams of marijuana, a controlled substance on 980724.
	Award: Forfeiture of $463 per month for 2 months, restriction and extra duty for 45 days, reduction to SWCR.  Restriction and extra duty suspended for 3 months.  No indication of appeal in the record.

980807:	Medical evaluation for drug abuse found the Applicant to be drug (THC) and hallucinogen (ACID) dependent.  Applicant recommended for residential treatment.  Applicant refused treatment.  

980825:	DD Form 214: Discharged the Applicant under other than honorable conditions by reason of misconduct due to drug abuse (use).

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 980825 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 requested his discharge be changed to an Uncharacterized or Entry Level Separation (ELS).  By regulation, members discharged within the first 180 days of enlistment are given an Uncharacterized or Entry Level Separation.  The Applicant’s service (active and inactive) totals 1 year, 11 months and 25 days.  Therefore, he is not eligible for an ELS characterization of service.  Relief denied.

Issue 2:  The Applicant was awarded non-judicial punishment (NJP) for the wrongful possession of marijuana.  Drug abuse warranted processing for separation, normally under other than honorable conditions.  The Applicant states that when he was arrested on base for possession of a controlled substance, he was at the end of his rope.  The Board found that the Applicant’s age, education level, and test scores qualified him for enlistment.  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.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disregard for the orders and directives that regulate good order and discipline in the naval service.  The discharge was proper and equitable.  Relief 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 up-graded based solely on the passage of time, or good conduct in civilian life subsequent to leaving the service.  

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 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 "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