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

ex-ITSA, USN
Docket No. ND02-00608

Applicant’s Request

The application for discharge review, received 020404, 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 030107.  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 joining the military my mother had a liver transplant, either she receive a new liver or die, the transplant was successful, my mother got a second chance at life.  My life had changed from that point on, the burden was finally released.  My life has been a struggle for existence, I question why I lost my brother to suicide, why I lost my father to suicide, am I cursed, why I am alive.  I do no harm on people, I wish no harm, it like the harder I try, the harder I fall.  My father served in the military, he received the bronze star among other awards, during his enlistment, in which motivated me to join the service.  The military was a totally different lifestyle for me, I had a hard time adapting to it at first, but eventually I pulled through after graduating my a-school, I received orders to be stationed at San Diego, CA.  Life was great, I was near home, the place was beautiful, I felt really good.  Now the fleet, a lot different from Great Lakes, I had no sponsor when I arrived to my ship for the very first time, no friends, the people on the ship came off as if they didn't like me, but I figured that's just the process of being a newbe and all.  I was so desperate, I looked for anybody to be my friend, which was not a good idea.  I was drinking more than ever in my life, I started not caring about life at all, I got word that my mother was getting sick again, I felt like killing myself, I was emotionally depressed, so I left and went UA.  My time away from the ship was paradise, I could just be myself again, but I knew I had to return upon returning back to my command, I was very nervous & scared, I knew what I had done was not the right path, but it was too late, I was about to reap what I had sowed, but I was ready and determined like to never before.  I knew that the first thing that would happen is that I would have a urinalysis conducted on me.  During my time being UA I smoked enough marijuana so that I could be positive on the upcoming drug test that I knew was inevitable, and so my phophesy came true, the urinalysis came back positive, I knew that was my ticket out of the military.  I never wanted it to come to an end like this, or I would’ve ever joined the service.  Now that I look back, the drugs, the drinking, leaving my command without authorization, was the wrong choices I've made, and to this day I regret.  What I shouldv'e done was talk to the ship's pastor, and tried to go about getting a entry level, or hardship discharge, or even get stationed ashore, but its all too late now.  What I've learned through it all is not to run away from my problems, by drugs & alcohol, and to face my problems head-on, and to seek advise and counseling rather than going about things the wrong way.  Since my discharge, I've got a job working for the United Parcel Service, I'm attending school to become a certified massage therapist, I'm drug free, occasionally I have a drink once in a while, but never like before, and I also got a loan for a new car.  My focus right now is to have my discharge upgraded, so that the past will no longer haunt me, so that I can truly have a fresh clean start.

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):

	Active:   USN			None
	Inactive: USNR (DEP)	990827 - 991122	COG

Period of Service Under Review:

Date of Enlistment:  991123		Date of Discharge:  010606

Length of Service (years, months, days):

	Active:    01  06  14
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  62

Highest Rate:  ITSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.00 (3)	Behavior:  2.33 (3)		OTA:  2.66

Military Decorations:  None

Unit/Campaign/Service Awards:  NAVY"E"RIBBON

Days of Unauthorized Absence:  39

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:

000510:	Retention Warning:  Advised of deficiency (Unauthorized absence), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

000524:	NJP for violation of UCMJ, Article 86: Unauthorized absence for seven days.
	Award:  Restriction and extra duty for 7 days.  No indication of appeal in the record.

010226:	NAVDRUGLAB [SAN DIEGO, CA] reported Applicant’s urine sample, received 010216, tested positive for [THC].

010321:	NJP for violation of UCMJ, Article 86: Unauthorized absence for 32 days, violation of UCMJ, Article 112a: Wrongful use of marijuana.
Award:  Forfeiture of $585.00 pay per month for 2 months, restriction and extra duty for 45 days (suspend 5 days restriction and extra duties for 6 months), reduction to E-2.  No indication of appeal in the record.

010329:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse and misconduct due to commission of a serious offense and misconduct due to a pattern of misconduct.

010329:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

010424:	Counseling and Assistance Center Substance Abuse Screening indicates Applicant did not meet the criteria for substance abuse or dependency.

010504:	COMCARGRU SEVEN authorized the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

010525:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use) and misconduct due to a commission of a serious offense and misconduct due to a pattern of misconduct.  Commanding Officer’s comments (verbatim): [ITSA A_ (Applicant) has failed to conduct himself in an acceptable manner.  He has shown by his actions that he cannot and will not conform his behavior to that expected by members of the Unites States Navy.  His continuous unauthorized absence and drug use are indications of his unwillingness to accept the Navy’s Core Values and adhere to the rules and regulations of this command.  Drug use will neither be condoned nor tolerated by this command and therefore it is recommended that he be separated with an Other Than Honorable discharge.] 

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 010606 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:  Drug abuse warranted processing for separation, normally under other than honorable conditions.  The record clearly reflects the Applicant’s disregard for the Navy’s policy on drug use and demonstrated he was unsuitable for further service.  Furthermore, 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.  Relief denied.

The following is provided for the Applicant’s 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 relief, 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