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

 
 ex-HT2, USN
Docket No. ND03-00196

Applicant’s Request

The application for discharge review, received 20021113, 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 20031010.  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: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

No issues were submitted by the Applicant.

Documentation

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

Applicant’s DD Form 214 (Member 1 and 4)

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	19791031 - 19800313		COG
	Active:   USN			19800314 - 19840311		HON
		   USN			19840312 – 19891130	HON

Period of Service Under Review:

Date of Enlistment:  19891201		Date of Discharge:  19950511

Length of Service (years, months, days):

	Active:    05  05  11
	Inactive:  None

Age at Entry:  29			Years Contracted:  6

Education Level:  12			AFQT:  29

Highest Rate:  HT1

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  4.00 (8)	Behavior:  3.60 (8)		OTA:  4.00

Military Decorations:  None

Unit/Campaign/Service Awards:  GCM (3), MUC, NER, SSDR, NDSM, NAM

Days of Unauthorized Absence:  None

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630620.

Chronological Listing of Significant Service Events:

891201:	Applicant reenlisted for 6 years.

940112:	Medical evaluation for alcohol/drug abuse found the Applicant to be a alcohol dependent and doubt drug dependence. 
941216:	NAVDRUGLAB, Jacksonville, FL reported Applicant’s urine sample, received 941201, tested positive for cocaine.

941219:	NJP for violation of UCMJ, Article 112A: Wrongful use of cocaine on 941201.
	Award: Forfeiture of $799 per month for 2 months, restriction for 60 days, reduction to HT2.  No indication of appeal in the record.  Appealed 941229.  Appeal denied 950203.

950112:	Applicant administered a polygraph examination after a positive urinalysis for cocaine.  Examiner opinion:  Applicant deceptive in denial of use of cocaine.

950117:	Drug and Alcohol Abuse Report: Cocaine abuse, ashore off duty.  Abuse denied.  Random urinalysis 941219.  CAAC recommended Level III treatment.  Physician found Applicant dependent and recommended separation via VA hospital.  Commanding Officer recommend separation via VA hospital.  Comments:  HT2 (Applicant) is a 34 year old male with 14 years 9 months active naval service.  CAAC and medical officer evaluations reveal member is alcohol dependent and recommends Level III treatment via VA if member is amenable.
	CAAC and Medical Officer evaluations reveal member is not cocaine dependent and recommends member be administratively discharged.
	Commanding Officer Disposition: Member has “No Potential” for further useful naval service.
	Separate member via VA hospital if amenable.

950202:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by all drug incidents during your current enlistment.

950203:	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

950307:	An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and recommended discharge general (under honorable conditions).

950327:	Commanding Officer recommended discharge general (under honorable conditions) by reason of misconduct due to drug abuse (use).

950501:	BUPERS directed the Applicant's discharge general (under 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 19950511 with a general (under 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).

The Applicant introduced no decisional issues for consideration by the Board.

Normally, to permit relief, an error or inequity must have occurred during the execution of the discharge for the period of enlistment in question.  No errors or inequities were discovered during the execution of this discharge.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge.  However, 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 the civilian life subsequent to leaving the service.  Outstanding post-service conduct, 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 can be considered.  Examples of documentation to forward to the Board include proof of educational pursuits, verifiable employment record(s), documentation of community service, certification of non-involvement with civil authorities, and credible evidence of a substance free lifestyle (if appropriate).  At this time, the applicant has not provided any documentation for the Board to consider.  Therefore, no relief will be granted.

The applicant is reminded that he is eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge.  The applicant can provide additional documentation to support any claims of post-service accomplishments at that time.  Representation at personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560C), Change 9/94, effective 
22 Jul 94 until 02 Oct 96, 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