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

 ex-MM3, USN
Docket No. ND02-00454

Applicant’s Request

The application for discharge review, received 020304, 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 021104.  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.  My discharge was inequitable.  I served in the military for almost 45 months of a 4 year contract.  I had one isolated, isolated incident and I spoke the truth.  I was an excellent sailor.  My record is on file and will reflect my leadership and dignity.  I've all ready submitted one prior request with no response.  Please help me upgrade my discharge!!  Very respectfully,

Documentation

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

Letter to United States Senator from Navy Personnel Command dated May 23, 2001

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	960624 - 970617	COG

Period of Service Under Review:

Date of Enlistment:  970618		Date of Discharge:  010223

Length of Service (years, months, days):

	Active:    03  08  06
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  43

Highest Rate:  MM3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.50 (4)	Behavior:  2.75 (4)		OTA:  3.60	5.0 evals

Military Decorations:  None

Unit/Campaign/Service Awards:  AFEM (2), SSDR, MUC, Flag Letter of Commendation

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:

000306:	U.S. Naval Criminal Investigative Service Report, found in service record.

000511:	NJP for violation of UCMJ, Article 112A: Wrongful use of LSD on Sep 99.
	Award: Forfeiture of $642 per month for 2 months, restriction and extra duty for 45 days, reduction to MMSN.  Forfeiture and reduction suspended for 6 months.  No indication of appeal in the record.

000615:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

000615:	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

000711:	An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, recommended discharge under other than honorable conditions and recommended discharge suspended for 12 months.

000826:	Commanding Officer, USS CAMDEN (AOE 2) recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).  Commanding Officer’s comments (verbatim): MM3 (applicant) is being processed for misconduct due to drug abuse.  He was found guilty at Commanding Officer's nonjudicial punishment for wrongfully using LSD.  MM3 (applicant's) entire chain of command fully supports him being retained on active duty.  After reviewing all evidence submitted and taking into the consideration the recommendation of the Administrative Separation Board and his chain of command, it is with my strongest recommendation that MM3 (applicant) separation under Other Than Honorable Conditions be suspended for a period of 12 months.

Partial discharge package missing.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 010223 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).

Responding to the Applicant’s issues, the Board noted that to permit relief, an error or inequity must be found to have existed during the period of enlistment under review.  There was nothing in the records, nor did the Applicant provide any documentation, to indicate there existed an error of fact, law, procedure, or discretion at the time of discharge.  There was no rights violation and no basis for relief.  Relief denied.

Furthermore, the Board disagrees with the Applicant’s contention that his discharge was inequitable.  After reviewing the Applicant’s entire service record, the Board found that the characterization of the Applicant’s discharge as other than honorable was equitable and consistent with the characterization of discharge given others in similar circumstances.  Relief denied.

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