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

 ex-AR, USN
Docket No. ND02-01199

Applicant’s Request

The application for discharge review, received 020819, requested that the characterization of service on the discharge be changed to general/under honorable conditions.  The Applicant requested a personal appearance hearing before the board in the Washington National Capital Region.  The Applicant listed the Veterans of Foreign Wars as the representative on the DD Form 293.

Decision

A personal appearance discharge review was conducted in Washington, D.C. on 030512.  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.  Post service conduct.  After review of Mr. S_’s (Applicant's) supporting evidence I find that he is making every effort to rectify one mistake in his life.  He sincerely wants to be a police officer and serve his community.  His civilian record within his community is outstanding and he has all the support of his police instructors.  Please give Mr. S_ (Applicant) every opportunity to succeed in his endeavors.

Documentation

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

Applicant’s Employment History (2 pages)
Applicant's DD Form 214
Letter from Applicant, dated July 11, 2002
Letter to Applicant from Commander M_, dated November 1, 2001 (2 copies)
Letter from Director, Public Safety Programs, dated May 21, 2002
Letter from Administration of Justice Instructor, dated June 24, 2002
Letter from Commander M_, dated March 20, 2000 (2 pages)
Police record check, dated September 20, 2001
Letter to Applicant from Supervisor, Firearms Program, dated December 28, 2001
Certificate of completion of Arrest and Firearms course for Spring semester of 2002
Certificate of completion of Academy Modular Format - Level III course for Spring semester of 2002
Certificate of completion of first aid course, dated April 20, 2002
Card from American Heart Association, dated April 27, 2002
Chemical Agent Certification, dated March 30, 2002
Letter from Applicant, dated December 14, 2002

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	980128 - 980203	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  980204		Date of Discharge:  990813

Length of Service (years, months, days):

	Active:    01  06  10
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  38/43

Highest Rate:  AA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF*	Behavior:  NMF*		OTA:  NMF*

Military Decorations:  None

Unit/Campaign/Service Awards:  AFEM, SSDR

Days of Unauthorized Absence:  None

*No marks found in service record.

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:

990609:	NJP for violation of UCMJ, Article 112A: Wrongful use of controlled substance.
	Award: Forfeiture 1/2 pay per month for 2 months, extra duty for 45 days, reduction to AR.  No indication of appeal in the record.

990623:	Medical evaluation for drug abuse found the Applicant to be a drug abuser.  

990809:	Commanding Officer, Naval Air Station, Lemoore directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

990813:	DD Form 214: Applicant discharged under other than honorable conditions by reason of misconduct due to drug abuse (use), authority:  NAVMILPERSMAN, Article 1910-146.

020110:	NDRB documentary record review Docket Number ND01-00050 conducted.  Determination:  discharge proper and equitable; relief not warranted.

Partial discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 990813 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:  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 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 lifestyle are examples of verifiable documents that should be considered to receive relief, based on post-service conduct.  

Although the Applicant provided documentation regarding his steady employment since discharge, his continuing educational pursuits in the field of law enforcement and his sincere desire to become a policeman, the Board determined that the Applicant’s discharge was proper and equitable and that his evidence of post service accomplishments was found not to mitigate the misconduct for which he was discharged.  An upgrade to general (under honorable conditions) would be inappropriate.  Relief denied.

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