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

ex-AMSAN, USN
Docket No. ND02-00727

Applicant’s Request

The application for discharge review was received on 20020425.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record 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 20040720.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  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 - Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “During the 8 years I was in the Navy, the reason for my discharge was based solely on this one incident.  I received numerous letters of commendation, and was never passed up for any promotion.”

Documentation

Applicant’s service and medical records could not be located, therefore, only the following documentation, submitted by the Applicant, was considered:

Statement from Applicant, undated
Letter of Appreciation, dated October 29, 1984
Applicant’s DD Form 214 (6)
Letter re Battle Efficiency “E” Award, dated February 24, 1990
Certificate of Award, dated 1984
Report of Enlisted Performance Evaluation, dated April 19, 1983
NAVPERS Form with service schools attended
Report of Enlisted Performance Evaluation, dated January 31, 1984
Report of Enlisted Performance Evaluation, dated January 15, 1985
Report of Enlisted Performance Evaluation, dated April 1, 1986
Report of Enlisted Performance Evaluation, dated February 28, 1987
Report of Enlisted Performance Evaluation, dated June 30, 1987
Report of Enlisted Performance Evaluation, dated June 30, 1988
Report of Enlisted Performance Evaluation, dated May 12, 1989
Report of Enlisted Performance Evaluation, dated December 20, 1989
Report of Enlisted Performance Evaluation, dated July 18, 1990
Report of Enlisted Performance Evaluation, dated November 29, 1989
History of Assignments for February 26, 1982 to April 1, 1986
NAVPERS 1070/604
History of Assignments for March 25, 1986 to December 3, 1990
Applicant’s DD Form 214 (4)
Applicant’s social security card
Enlisted Performance Record
Navy Occupation/Training and Awards History

PART II - SUMMARY OF SERVICE

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

	Inactive: Unknown
	Active:   USN			821007 – 860324	HON

Period of Service Under Review:

Date of Enlistment:  860323		Date of Discharge:  901203

Length of Service (years, months, days):

	Active:    04  08  09
	Inactive:  None

Age at Entry:  18			Years Contracted:  Undetermined

Education Level:  Unknown		AFQT:  Unknown

Highest Rate:  AMS3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.60 (8)	Behavior:  3.73 (8)		OTA:  3.73

Military Decorations:  None

Unit/Campaign/Service Awards:  GCM, BER, NEA, AFEM, NEM, SSDR

Days of Unauthorized Absence:  None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct - Drug abuse (Use), authority:  NAVMILPERSMAN, Article 3630620.

Chronological Listing of Significant Service Events:

860325:	Applicant reenlisted.  [Extracted from supporting documents submitted by the Applicant.]

900829:	NJP:  No further information from service record.  [Extracted from supporting documents submitted by the Applicant.]

901203:	DD Form 214: Applicant discharged under other than honorable conditions by reason of misconduct due to drug abuse (use), authority: NAVMILPERSMAN, Article 3630620. [Extracted from supporting documents submitted by the Applicant.]

Applicant’s service record was never received.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19901203 under other than honorable conditions for misconduct due to drug abuse (A).  In the absence of the service record, the Board presumed regularity in the conduct of governmental affairs (B) and, after a thorough review of the available information, supporting documents, facts, and circumstances unique to this case, found that the discharge was proper and equitable (C and D).

Issue 1.  The Applicant states his discharge was based on one isolated incident.  The civilian authorities treat some offenses with leniency because they are a first time incident on an otherwise clear record; however, to maintain proper order and discipline, the military does not view such offenses as minor infractions.  The Applicant’s service record is marred by award of nonjudicial punishment (NJP) and the Applicant’s Performance Evaluation Report (90JUL01) states the report being submitted upon Applicant’s discharge from the service due to drug abuse, thus substantiating the misconduct for which he was separated.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service.  Relief on this basis is 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 or any other evidence relating to his discharge at that time.  Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560A), Change 11, effective 
14 Jun 90 until 14 Aug 91, Article 3630620, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT DUE TO 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