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

  ex-BTFR, USNR
Docket No. ND03-00130

Applicant’s Request

The application for discharge review, received 20021028, requested that the characterization of service on the discharge be changed to general/under honorable conditions.  The Applicant requested a personal appearance discharge review before a traveling panel closest to Tacoma WA/Bremerton WA.  The Applicant did not list any representative on the DD Form 293.  In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington DC area.  Subsequent to the application, the Applicant obtained representation by the Veterans of Foreign Wars.

Decision

A personal appearance hearing was conducted in Washington, D.C. on 20031021.  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 four to one that the character of the discharge shall not change.  The discharge shall remain:  UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Drug abuse (Use), authority:  NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated:  

“1.  Post-Service Conduct.”

Documentation

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

Certificate of completion of ADATSA Phase II Program, dated June 25, 1996.
Certificate of achievement, dated March 26, 1996.
Character Reference from W_ S. E_ Jr. dated October 17, 2003.  
Letter from Reverend J_ H. D_.
Applicant’s DD Form 214.

PART II - SUMMARY OF SERVICE

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

	Inactive: None
	Active:   None

Period of Service Under Review:

Date of Enlistment:  871024		Date of Discharge:  890811

Length of Service (years, months, days):

	Active:    01  08  26
	Inactive:  00  00  22

Age at Entry:  22			Years Contracted:  8

Education Level:  12			AFQT:  34

Highest Rate:  BTFA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.40 (2)	Behavior:  2.40 (2)		OTA:  2.40

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  9

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Drug abuse (Use), authority:  NAVMILPERSMAN, Article 3630620.

Chronological Listing of Significant Service Events:

871116:	Applicant ordered to active duty for 36 months under the Active Mariner Program.

890421:	Civil Conviction:  Kitsap County Municipal Court, Bremerton, WA for violation of driving while intoxicated, driving with license suspended, negligent driving.
Sentence: Fine $2,000.00, jail for 365 days, two years unsupervised probation and required to surrender driver’s license, reappear in six months to show compliance with alcohol program.  Fine of $1,000.00 and 358 days of jail suspended.

890426:	NJP for violation of UCMJ, Article 86 (2 specs): (1) Unauthorized absence from 0700, 890407 to 1120, 980408 (1 day/surrendered), (2) Unauthorized absence from 0700, 890417 to 0600, 890420 (2 days/surrendered), violation of UCMJ, Article 112A: Wrongfully use some amount of cocaine by evidence of self-admission on 890417.
	Award: Forfeiture of $349 per month for 2 months, restriction and extra duty for 45 days, reduction to BTFR.  No indication of appeal in the record.

890619:	Medical evaluation for drug abuse found the Applicant to be a drug abuser, not drug dependent.  Recommend CAAC II counseling.  

890719:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 0700, 890605 to 0300, 890610 (4 days/surrendered), (2) Unauthorized absence from 0700, 890711 to 0230, 890714 (2 days/surrendered).
	Award: Forfeiture of $50 per month for 1 month, restriction and extra duty for 25 days.  No indication of appeal in the record.

890620:	Applicant admitted to Naval Hospital, Bremerton, WA on 890612 with evidence of shaking following episodic excessive alcohol intake and binges.  Applicant voiced feelings of anxiety, depression and suicidal ideas.  Applicant seen in ARD and considered a candidate for Level III treatment.  Diagnosis:  Suicidal ideas, treated, resolved.  Chronic alcoholism, severe, with evidence of withdrawal, treated.  Recommendations: fit for duty; continue with discharge proceedings; refer to CAAC for ongoing treatment and support; suggest 90 meetings of AA in 90 days, supervised and controlled by command.

890721:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense as evidenced by service record and misconduct due to drug abuse as evidenced by service record.

890721:	Applicant advised of his rights and having elected not to consult 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.

890722:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to drug abuse (use).

890801:	CNMPC directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

950227:	NDRB documentary record review Docket Number ND94-01635 conducted.  Determination: discharge proper and equitable; relief not warranted.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19890811 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 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 Board appreciates the Applicant’s efforts to improve his life and his commitment to serve the community and encourages him to continue his participation.  However, the Applicant did not provide sufficient verifiable documentation of good character and conduct to mitigate his misconduct while on active duty.  Relief is not warranted.

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560A), Change 6, effective 11 Jan 89 until 13 Jun 90, Article 3630620, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT DUE TO 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