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

ex-SA, USN
Docket No. ND02-01253

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 030620.  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: GENERAL (UNDER HONORABLE CONDITIONS), authority: NAVMILPERSMAN, Article 1910-164.  See following paragraph regarding changes the Board found to the Applicant’s narrative reason for separation.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  If you have any questions or issues I may be reached at home after 4:00 p.m. or during the day at (telephone number deleted).  Thank you.

Documentation

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

Applicant's DD Form 214
Statement from Applicant, dated October 8, 2002
Character reference, dated October 8, 2002
Three pages from Applicant's service record
Leave and earnings statement for October 8, 2002 and October 15, 2002

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	990202 - 990729	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  990730		Date of Discharge:  011110

Length of Service (years, months, days):

	Active:    02  03  12
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  11			AFQT:  33

Highest Rate:  SN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.00 (3)	Behavior:  1.67 (3)		OTA:  3.28

Military Decorations:  None

Unit/Campaign/Service Awards:  SSDR, BEA (2)

Days of Unauthorized Absence:  None

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority:  NAVMILPERSMAN, Article 1910-146, formerly 3630620.

Chronological Listing of Significant Service Events:

010315:	NAVDRUGLAB, Jacksonville, FL, reported Applicant's urine sample, received 010312, tested positive for THC.

010326:	NJP for violation of UCMJ, Article 112A: Wrongful use of a controlled substance.
	Award: Forfeiture of $584 per month for 2 months, restriction and extra duty for 45 days, reduction to SA.  No indication of appeal in the record.

010326:	Retention Warning:  [Extracted from CO's letter dated 010618.  No further information found in service record.]

010326:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

010326:	Applicant advised of his rights and declining to consult with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

010419:	An Administrative Discharge Board, by a unanimous vote, found the preponderance of the evidence does not support commission of a serious offense (drug abuse), and recommended retention.

010618:	Commanding Officer recommended retention by reason of misconduct due to drug abuse (use).  Commanding Officer’s comments (verbatim): SA (Applicant) has been a stellar performer onboard PHILIPPINE SEA.  His drug usage was a complete surprise to his entire chain of command and it was totally out of character.  He continues to display outstanding leadership, and his peers respect his leadership ability and performance.  I am confident that SA (Applicant) has the potential for further naval service and will be a tremendous investment if allowed to stay Navy.

011002:	CNPC directed USS PHILIPPINE SEA to reprocess Applicant for administrative separation by reason of Best Interest of the Service using notification procedures.  This action is appropriate because the administrative board did not recognize the overwhelming weight of evidence which supported misconduct due to drug abuse.  Specifically, Applicant admitted using drugs.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 011110 under honorable conditions (general) for best interest of the service (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 credible evidence in the record that the Applicant used illegal drugs.  Despite the positive aspects of the Applicant’s record of service, 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, 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, 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.  MILPERSMAN, paragraph 1910-164, Separation by Reason of Best Interest of the Service, effective 12 December 1997 to 21 August 2002.

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