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

 ex-ABFAR, USN
Docket No. ND02-00971

Applicant’s Request

The application for discharge review, received 020624, requested that the characterization of service on the discharge be changed to honorable.  The Applicant requested a personal appearance hearing review before a traveling panel closest to Los Angeles, CA.  The Applicant did not list any representative on the DD Form 293.
In the acknowledgement letter to the Applicant, he was informed that the Naval Discharge Review Board (NDRB) does not travel all hearings are held in the Washington DC Area.  The Naval Discharge Review Board (NDRB) also advised that the Board first conducts a documentary review prior to any personal appearance hearing.  

Decision

A documentary discharge review was conducted in Washington, D.C. on 030214.  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 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  I am requesting that my discharge be reviewed and if possible be changed to an Honorable discharge.  My reason for requesting this review is for Hopefully being allowed to re-enter in the Military.  At the time of my discharge I was very immature, and did not realize what I was doing to my life.  Now I understand what I’ve done and pray and wish to be given a 2nd chance to change the path of my life in the Military.  And give my family a better life by re-entering the Military, so I ask you please change my discharge from (under Other than Honorable to Honorable) So I can try to change my past mistakes and correct my status in civilian life after completing active military orders.

Documentation

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

Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	951026 – 960225	COG
	Active:   NONE
		
Period of Service Under Review:

Date of Enlistment:  960226		Date of Discharge:  970725

Length of Service (years, months, days):

	Active:    01 04 17
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 

Education Level:  12			AFQT:  40

Highest Rate:  ABFAA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.00 (1)	Behavior:  1.00 (1)		OTA:  2.17(5.0 EVALS)

Military Decorations: NONE 

Unit/Campaign/Service Awards: SSDR, AFEM

Days of Unauthorized Absence:  14

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630620.

Chronological Listing of Significant Service Events:

970618:	NJP for violation of UCMJ, Article 86: On or about 97JUN02, absent himself from his appointed place of duty, USS KITTY HAWK located at San Diego, CA until 97JUN16.
	Award:  Forfeiture of $450.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-1.  No indication of appeal in the record.

970624:	Retention Warning:  Advised of deficiency (Unauthorized Absence 97JUN02 until 97JUN16), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

970710:	NJP for violation of UCMJ, Article 112a: Did on or about 97JUN18, wrongfully use methamphetamine. 
Award:  Forfeiture of $450.00 pay per month for 2 months, restriction and extra duty for 45 days.  No indication of appeal in the record.

970710:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by violation of the UCMJ, Article 112a and misconduct due to a pattern of misconduct as evidenced by Commanding Officer’s Non-Judicial Punishments of 18 June 1997 and 10 July 1997.

970710:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

970715:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by Commanding Officer’s NJP of 10 July 1997 for violation of UCMJ Article 112a and misconduct due to a pattern of misconduct due to Commanding Officer’s NJP of 18 June 1997.  Commanding Officer’s comments (verbatim): “I strongly recommend that V_ (Applicant) be immediately separated from the naval service by reason of misconduct due to drug abuse and misconduct due to a pattern of misconduct with a characterization of discharge as Other Than Honorable conditions.  V_ (Applicant) admitted that he knowingly used methamphetamine.  His knowledge of the Navy’s policy on drugs combined with his illegal use demonstrates his lack of potential for further useful service.  Accordingly, the expeditious separation of V_ (Applicant) with an Other Than Honorable discharge is appropriate.”

970722:	Commander, Cruiser-Destroyer Group 5 directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 970725 under other than honorable conditions for misconduct due to drug abuse (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:  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.  The Board found the Applicant’s age, education level, and test scores qualified him for enlistment.  While he may feel that youth and immaturity were factors that contributed to his actions, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unsuited for further service.  Drug abuse (use) warranted processing for separation, normally under other than honorable conditions.  The record clearly reflects the Applicant’s disregard for the Navy’s zero tolerance policy on drug use.  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 NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces.  Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment.  A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  Relief is therefore denied.

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.  Navy Military Personnel Manual, (NAVPERS 15560C), Change 14, effective 
03 Oct 96 until 11 Dec 97, Article 3630620  SEPARATION OF ENLISTED PERSONNEL 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
.