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

 ex-MSSA, USN
Docket No. ND02-01321

Applicant’s Request

The application for discharge review, received 020917, 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 030722.  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 25 years of age, single, and a father of one son, I_ J_ C_.  I was discharged from the United States Navy five (5) years ago.  I was a very hard working sailor for the Navy, one of the best Mess Specialist's (M.S.) on the ship.  I cooked and was praised in every mess hall from Captain Chiefs to the enlisted.  On the other hand, I was also a very hard drinker throughout my Naval career.  During this time, I stayed in alcohol related incidents. I became an alcoholic in the military.  At the age of 18, you were given the opportunity to drink.  A majority of the time, I would drink a 5th of Royal Canadian Whiskey a day alone.  Many nights I cannot recall due to my alcohol addiction.  Namely the incident that discharged me from the United States Navy.  Before the military, I could not even drink beer much less hard liquor.  Joining and leaving were two completely different metamorphosis. I am now and have been for three (3) years, alcohol free no thanks to AA but to my family.  I ask that you please consider upgrading my discharge so that I may return to school and better myself as well as my family. Please feel free to contact me at the below listed address if you have questions or concerns.

Documentation

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

Character reference, dated August 9, 2002
Character reference, dated August 7, 2002

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	940921 - 950717	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  950718		Date of Discharge:  970713

Length of Service (years, months, days):

	Active:    01  11  26
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  35

Highest Rate:  MSSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF*			Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, AFEM, MUC

Days of Unauthorized Absence:  None

*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 3630620.

Chronological Listing of Significant Service Events:

951218:	NJP for violation of UCMJ, Article 92: Disciplinary action unknown.  Not found in service record.  [Extracted from DAAR report, dated 970424.]

970410:	NJP for violation of UCMJ, Article 134.  Minor in possession of alcohol by consumption. Not further information found in service record.  [Extracted from DAAR report, dated 970424.]

970424:	Drug and Alcohol Abuse Report: Marijuana abuse.  Random urinalysis 870401.  Physician found Applicant not dependent and recommended separation.  Commanding Officer recommended separation.  Comments: Service member is a 20 year old male with 1 year and 9months of Naval service.  When returned to ship due to NIP incident, urinalysis was completed.  Sample was positive.  Service member has proven himself to be unreliable.  IAW OPNAVINST 5350.4B policy on illicit drug use, members potential for further Naval Service is poor.

970424:	NJP for violation of UCMJ, Article 112A: Wrongful use, possession, etc of controlled substances.
	Award: Forfeiture of $505 per month for 2 months, restriction and extra duty for 45 days, reduction to MSSA.  No indication of appeal in the record.

970713:	DD Form 214: Applicant discharged under other than honorable conditions by reason of misconduct due to drug abuse (use).

Discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 970713 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 credible evidence in the record that the Applicant used illegal drugs.  Drug abuse warranted processing for separation, normally under other than honorable conditions.  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 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 is evident 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 for good conduct in civilian life, subsequent to leaving the service.  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.  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