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

 ex-SR, USN
Docket No. ND02-00660

Applicant’s Request

The application for discharge review, received 020411, requested that the characterization of service on the discharge be changed to honorable.  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 030116.  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 was not the only on involved in the incident which resulted in my discharge.  However I was the only one which I know of which was given a less than Honorable Discharge.

2.  I feel as though it was a failure, both on my part of the Navy and the responsible parties on my own ship.  To find the true Guilty persons in my instance and I feel as though I was used as a scapegoat by Those truly responsible.

3.  I had no incidents for my entire 2 1/2 year enlistment prior to the one which resulted in my discharge.

4.  I was refused my right to representation during questioning by the on duty Master-at-Arms during which threats of a Court Martial were repeately made to me.  As well as was refused my option to have a closed Captains Mast.

5.  Only a few months prior to the incident I was given and Award signed by the Captain himself, congratulating me for spotting a sub during a training exercise which resulted in our ship was well as others successfully completing the training exercise.

6.  I am truly sorry for the mistake which I had made, for the embarrassment which I caused for my ship and shipmates, my Captain and for the Navy itself.  If I had been given a second chance I would have done things much differently thn I had done.

7.  At no time while on duty or at sea have I ever used or been under the enfluence of any legal or illegal substances.

8.  I would like the board to know that I am a changed man.  I am living in West Virginia and request favorable consideration on the upgrade of my discharge.  I have a wife and child and it is important to set an example.  I was young than and I have grown a lot as a result of the Navy and discharge experience.

9.  I have attached a copy of my current DD form 214 for you review.  Thank you for you time on this matter.

Documentation

In addition to the service record, ONLY A PARTIAL DISCHARGE PACKAGE AVAILABLE, the following additional documentation, submitted by the applicant, was considered:

Copies of DD Form 214 (2)
Letter of Congratulation 

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	971126 - 971207	COG
	Active:   USN			None

Period of Service Under Review:

Date of Enlistment:  971208		Date of Discharge:  000302

Length of Service (years, months, days):

	Active:    02  02  25
	Inactive:  None

Age at Entry:  21			Years Contracted:  4 

Education Level:  12			AFQT:  71

Highest Rate:  SA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMA		Behavior:  NMA		OTA:  NMA

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:

991114:	NJP for violation of UCMJ, Article 92: (2 Specifications), failure to report the use of a controlled substance, violation of UCMJ, Article 112a: Wrongfully introducing marijuana/hashish a schedule I controlled substance onto a vessel used by the Armed Forces.
Award:  Forfeiture of $479.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-1.  No indication of appeal in the record.

991121:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use)

000110:	Commander, Carrier Group SIX authorized 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 000302 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 myriad issues, the Board found no evidence of impropriety, inequity or procedural irregularities in the Applicant's discharge.  The Applicant's other than honorable discharge was proper and equitable.  The NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will change the reason for discharge if such a change is warranted.  The Applicant's misconduct is clearly documented.  The NDRB found the Applicant's service record devoid of any mitigating or extenuating factors that would warrant an upgrade of the Applicant's discharge to an honorable characterization.  Relief denied.

Responding to the Applicant’s contention that he is “a changed man”, the Applicant should know that the NDRB is authorized to consider outstanding post-service conduct, 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.  However, there is no law or regulation that provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service.  Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question.  No such error or injustice is evident in the applicant’s service record.   In determining whether a case merits a change based on post-service conduct, the NDRB considers the length of time since discharge, the applicant's record of community service, employment, conduct, educational achievements, and family relationships. 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 based on equity.  For example, if the applicant produces evidence of post-service continuing educational pursuits, verifiable employment records(s), documentation of community service, certification of non-involvement with civil authorities or credible evidence of a substance free lifestyle, the Board could consider such.  At this time the applicant has not provided sufficient documentation, therefore no relief will be granted.  

The applicant is reminded that he remains eligible for a personal appearance hearing provided that an application is received within 15 years from the date of discharge.  Representation at a personal hearing is not mandatory, but is strongly recommended.  

 Pertinent Regulation/Law (at time of discharge)

A.  The Naval Military Personnel Manual, (NAVPERS 15560C), Change 24, effective 20 May 99 until 26 March 2000, 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