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

 ex-EWSA, USN
Docket No. ND03-00061

Applicant’s Request

The application for discharge review was received on 20021009.  The Applicant requests that the characterization of service received at the time of discharge be changed to general/under honorable conditions.  The Applicant requests 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 20031114.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  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.

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PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“I believe that the discharge and the term “Drug abuse” should be change because this is an isolated incident. I have never smocked marijuana or abuse any illegal substance prior to joining the Navy and after this incident.

This is the first time I have been away from my family for over a year, and when I went home on leave after being in school for over a year this is when I realize how much.  I missed my family as well as my friends I was not sure what feeling were going thru me but I know I wanted to stay home but at the same time anxious about my new duty station.  When I reported on base the ship was out at sea and Instead of getting me to the airport I was told that I am being assigned to TPU until the ship returns; during my stay I have heard a lot of horror stories about shipboard life rind the people does not care about their sailor, which just added fuel about what to expect and almost went UA. Listening to the horror stories as well as being homesick I my reasoning grew weaker as the day goes by.  I made it thru the school because I had friends around me and we all talked and got each other thought, during my TPU transition I felt like I had no one to talk to, at this time my being home sick grew stronger, I was too afraid to tell any one about what’s going on inside of me, I. am not sure why but I started to feet depress and my reasoning as well as my judgments was overcome by this depression.  Now I know that I mad a terrible mistake, I should have talked to the Chaplain or someone that could help me.  I smoked because it was the sure thing that would get me home fast.  I have made the wrong decision that day and I am very sorry for this and I feel guilty cause I felt that I have let a lot of people down.  I hurt not only the ones close to me but my shipmates who I have met for a short time.  After reporting on board my ship I knew that I have made a big mistake and realize that now.  But at that time I had all kind of feeling and emotions bottled up in one that my judgment was clouded and made a: wrong choice.

I respectfully request that my RE4 Code be change to "RE3" and the substance abuse be change to “Unable to Adjust military life" I was told that my changes of getting back in are slim to none, however given the opportunity I will be the best Sailor that the Navy can have, I am ashamed of what I did and hope to put this incident in the past.”

Documentation

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

Applicant’s DD Form 214
Seven pages from Applicant’s service record
Statement from Applicant, dated September 28, 2002
Recommendation from Executive Officer, dated October 24, 2001
Memorandum from Executive Officer, dated August 14, 2001
Letter from Applicant’s father, dated September 10, 2001
Letter from Applicant, dated March 27, 2003
Letter to Applicant, from United States Senate, dated October 7, 2002
Letter to Congressional Liaison, dated October 7, 2002

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)		990505 - 990811	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  990812		Date of Discharge:  010125

Length of Service (years, months, days):

	Active:    01  05  14
	Inactive:  None

Age at Entry:  17			Years Contracted:  4

Education Level:  12			AFQT:  76

Highest Rate:  EWSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.00 (1)	Behavior:  1.00 (1)		OTA:  2.33

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  None

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:

010104:	NJP for violation of UCMJ, Article 112A: Wrongful use of a controlled substance.
	Award: Forfeiture of $584.55 per month for 2 months, restriction and extra duty for 45 days, reduction to EWSA.  No indication of appeal in the record.

010125:	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 20010125 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).

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.  While he may feel that his youth and immaturity were contributing factors, they do not mitigate the Applicant’s disobedience of the orders and directives that regulate good order and discipline in the naval service, demonstrating he was unsuitable for further service.  His service record is marred by award of non-judicial punishment (NJP) for illegal drug use.  Mandatory processing for separation is required for sailors who abuse illegal drugs.  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.

Concerning a change of reenlistment code, 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 an under other than honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment.  A request for waiver is normally done during the processing of a formal application for enlistment through a recruiter.  Relief is therefore denied.

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, a drug-free lifestyle, and certification of community service and non-involvement with civil authorities are examples of verifiable proof that can be submitted.   

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.  The Naval Military Personnel Manual, (NAVPERS 15560C), Change 27, effective 27 March 2000 - 11 Feb 2001, 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