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

ex-EMFA, USN
Docket No. ND02-01247

Applicant’s Request

The application for discharge review, received 020906, 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 030612.  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.  My discharge was inequitable because it was based on one isolated incident in 24 months of service with no other adverse action.

2.  To Whom It May Concern,

I am extremely grateful for this opportune to change something that has hindered me in life and my job search for the last three years.  I know that nothing is even close to being guaranteed in this situation, but for my wife and two sons I have to try.  I desperately wish that I could be there so that I could talk to you in person, but I'm not able to.  Im optimistic that my military record, the things I've done in the last three years, and my aspirations for the future will be enough to persuade you to give me a chance to provide for my family, be in a career my kids will be proud of me for, and a career I can be proud of because Im making a difference in the world instead of being a leach on society.
When I was first notified that I had tested positive for T.H.C. I was given the option of staying in the Navy if I gave up those around me that where involved in smoking, not that it was constant thing for those that I was around. I seriously considered it but decided against it.  Not that I didn't want to be a snitch but because I knew the consequences of my actions and felt I’d be better off if I took responsibility for my actions, and that’s what I told the Captain.  At Captains Mass, plus I wanted those around me, some whom I called friends, to look at my situation and changed their bad habits so that they could make the most of their Navy career which I had planned to do.  I was meritoriously advanced out of boot camp and because of my performance in A school I was given the chance to pick a duty station which had a C-School.  When I got to my ship I tried my best to be part of every project that came through the rubber and plastics shop.  I even spent extra time at night working on my own to perfect my craft.  Eventually I was put in the forefront of many projects.  I was even put in charge of certain projects that third class petty officers where involved in.  I took pride in my job and I enjoyed working hard.  It made me feel like I was accomplishing something worth wild.  When I got home I was e-mailed by a friend on the boat that I had made third class petty officer on my second attempt at the test. I was truly heart broken and the realization of what I had done finally sank in.
I took a job in a fiberglass repair shop that paid minimum wage, for me anyway, while I searched and was turned down for every electrical job I applied for.  Even though I demonstrated I knew the job.  My actions that caused my discharge slammed every door in my face and of course it's my own fault.  I finally landed a job on a construction sight as a laborer.  I worked their for a while until I decided I needed more training if I wanted a career in the electrical field, especially when I applied for jobs at temporary services and had no responses.  So I sighed up and went to job corp and completed the electrical and advanced electrical trade.  While I was there I enriched my life by visiting museums and even going to operas.  The Navy turned me into a man and job corp showed me my humanity.  I even found the person I love the most in the world, my wife.  She was two months pregnant at the time we met, and when I found out later I love her so much I decided to raise her child as my own.  It was one of the best decisions I ever made.  When we left job corp we got married and stayed with her mother for a little while I searched for an electrical job.  Once again no doors where open to me because of my discharge.  So I settled for a job as a night stocker.  I moved my wife and our son to a one bedroom apt. and continued my job search for a better job.  Nothing was available to me until I heard of the shortage of officers at the Texas Department of Criminal Justice.  I was hired on and have been there for over a year now.  We work six on three off, and out of the six five of those are twelve hour shifts because of the shortage of officers.  It's hard but I’d do anything for my family.  I've participated in car washes for TDCJ workers to raise money for their sick family member.  I've also volunteered for charity runs to raise money for Special Olympics in Huntsville TX.  My wife’s mother has even gotten me into church where I've found piece and guidance.
When I came to work for T.D.C.J. I heard of an option to be a state trooper after two years at T.D.C.J. and that was my goal before September eleventh.  I then realized that those innocent citizens could have been m wife and kid so I decided I wanted to do my part and set my sights on being a police officer.  I know with all my heart it's a job I would love because of the difference I would be making.  But in researching the requirements I learned that because I've been in the military I needed an Honorable discharge from the military, and twelve hours college credits.  The college I can't afford so I've decided to sacrifice being with my family to go back to job corp and attend the police academy there while my wife stays with her mother and holds down a job to support her and kids, but all of these plans depend on the review board and whether Im found worthy of another chance.  We’ve recently had a new baby boy and my dedication to my family has grown a hundred fold.  I wouldn't hesitate to give my life for them.  I've also realized to protect them even future I have to defend the basis of our home, the American way of life.  The best way to do that is the Armed Forces and law enforcement.  By me being selfish I blew my chances with THC.  I didn't have a family then but I was still selfish.  I'm not the same young man anymore.  At every job I've had since the Navy I've had to take drug tests.  I am a drug free man with morals and values that has a cause worth dying for, but even more to live for.  If begging would do any good I would but it won't.  So I send my sincerest plea to you along with my dreams of a better life for my family.  The benefits of an honorable discharge are great and would benefit my family but that's not what I'm after.  I want the opportunity to set an example for my boys, and my grandkids to follow when Im gone by serving my country and community as a police officer.  I even have aspirations of advancement so I can make an even bigger difference. I've learned from my own mother and absent father that if a family doesn't have stability in the beginning it won't last.  That’s what Im trying to do for my wife and boys to give them the best chance in life to be productive citizens of this nation I grow to appreciate more and more.  The mistake I made wasn't Honorable.  I just pray you see I have been striving to rectify that, and become worthy of another chance at leading an honorable life.  I look forward to hearing from you soon.

P.S. I've enclosed a picture of my wife, my beautiful baby boys and me so that you can see why I'm so passionate about the new path my life has taken.

Documentation

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

Character reference, undated
Character reference from Applicant's wife, undated
Letter to Applicant from his mother, dated December 24, 2001
Certificate of excellence, dated December 13, 2000
Certificate from North Texas Job Corps, dated April 20, 2001
Certificate of completion, dated August 7, 2001
Employee performance evaluation, dated February 17, 2002

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	960716 - 970706	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  970707		Date of Discharge:  990511

Length of Service (years, months, days):

	Active:    01  10  05
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  68

Highest Rate:  EMFN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF*		Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  NER, MUC

Days of Unauthorized Absence:  1

*No Marks Found in the 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:

990312:	NAVDRUGLAB, San Diego, CA, reported Applicant’s urine sample, received 990308, tested positive for THC.

990325:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 0700, 990323 to 0700, 990324 (1 day), violation of UCMJ, Article 112A: Wrongful use of a controlled substance, to wit: marijuana.
	Award: Forfeiture of $538 per month for 2 months, restriction for 60 days, reduction to EMFA.  No indication of appeal in the record.

990325:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

990329:	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

990401:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

990426:	Commander Submarine Group 7 directed 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 990511 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).

Issues 1 and 2.  There is credible evidence in the record that the Applicant used illegal drugs.  Despite the positive aspects of the Applicant’s record, even one instance of drug abuse warranted processing for separation, normally under other than honorable conditions.  Relief denied.

The Applicant’s discharge characterization accurately reflects his service to his country.  Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question.  No such error or inequity 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, to enhance employment opportunities, or for 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, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence of a substance free lifestyle, are examples of verifiable documentation that should have been provided to receive consideration for relief, based on post-service conduct.  The Applicant’s evidence of post-service conduct was found not to mitigate the offense for which he was discharged.  Relief not warranted. 

The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge.  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 18, effective 12 Dec 97 to 19 May 99, 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