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

  ex-OSSN, USN
Docket No. ND03-00214

Applicant’s Request

The application for discharge review, received 20021121, requested that the characterization of service on the discharge be changed to honorable, general/under honorable conditions, or entry level separation or uncharacterized, reenlistment code changed from RE-4 to RE-1 and the reason for the discharge be changed to convenience of the government.  The Applicant requested a personal appearance hearing before the Board in the Washington National Capital Region.  The Applicant did not designate a representative on the DD Form 293.  In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board first conducts a record review prior to any personal appearance hearing.

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 and the reason for discharge was discovered by the NDRB.  The Board’s vote was unanimous that the character and reason for 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

1.  “I am requesting my discharge be upgraded to honorable and my RE code also be changed from RE-4 to RE-1 a change the reason for discharge to convince of the government.

    I have made an unwise decision that resulted in me losing my career but I am asking that the board be understanding and be willing to give me another opportunity that will help me continue to better myself.  After getting released from duty I have obtained an A.S. Degree in Computer Network Engineering Technology and I am currently pursuing my B.A. Degree in Information Technology.  My GPA is 3.67 and I have perfect attendance in school.  I made a mistake but I have learned from that mistake which will keep me from making it again.  I have become a stronger person since my discharge and with knowing what a person could lose makes me appreciate what I have and what I must do to keep on the right track.  Thank you for reviewing this application.

Thank you,” (Signed by the Applicant)

Documentation

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

Copy of DD Form 214 (96Jun13 – 97SEP10)
Letter of Employment, Palatka Gas L.L.C., dtd Aug 24, 2002
Letter of Recommendation from R_ K_, Education America, dtd Aug 22, 2002
Character Reference letter from L_ C. S_, AS, dtd Aug 21, 2002
Character Reference letter from T.L. S_, dtd Aug 26, 2002
Character Reference letter from G_ M. W_, Program Chair, Bachelors Program, dtd Aug 21, 2002
Character Reference letter from D_ W_, Dir of Education, dtd Aug 21, 2002
Character Reference undtd letter from G_ V. L_, Dept Chair
Character Reference letter from H_ H. A_, dtd Aug 21, 2002
Character Reference undtd letter from Employer, G- M_
Associate of Science in Computer Network Engineering Technology Certificate, Tampa Technical Institute, dtd Oct 20, 2001

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	19910329 – 19910506	COG
	Active:   USN			19910507 – 19950401	HON (RELADU due
to reduction in force. 
Transferred To Naval 
Reserve)
	Inactive: USNR		199500402 - 19960612	HON

Period of Service Under Review:

Date of Enlistment:  19960613		Date of Discharge:  19970910

Length of Service (years, months, days):

	Active:    01  02  28
	Inactive:  None

Age at Entry:  24			Years Contracted:  4 

Education Level:  12			AFQT:  74

Highest Rate:  OS3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF*	Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  None

*No Marks Found in Service Record.

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:

[ADMIN DISHCARGE PACKAGE NOT CONTAINED IN SERVICE RECORD AND APPLICANT DID NOT PROVIDE INFORMATION, AS REQUESTED.]

970910:	Applicant discharge with a General (Under Honorable Conditions) by reason of misconduct – drug abuse, authority MILPERSMAN 3630600.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19970910 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).

Issue 1.  The Applicant states that he made an unwise decision that cost him his career and wants another opportunity to continue to better himself.

The Board recognizes that the Applicant has taken steps towards establishing a reputation as a productive member of society, worthy of an Honorable discharge, however, the documentation provided is insufficient to warrant an upgrade to his discharge.  Therefore, relief will not be granted.  The Applicant is encouraged to continue his pursuits of bettering himself.  The Applicant’s discharge package was not available to the Board for review.  Therefore, the Board assumed regularity in the conduct of governmental affairs.

The NDRB will change the reason for discharge if such a change is warranted.  The applicant's DD Form 214, Block 26, Separation Code, indicates he was separated for misconduct due to drug abuse.  No other Separation Code, or Narrative Reason for Separation could more clearly describe why the applicant was discharged.  To change the Separation Code, or the Narrative Reason Separation would be inappropriate.

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.  The Board for Correction of Naval Records (BCNR) has the authority to change reenlistment codes and will have to be contacted by the Applicant to address this issue.

The following is provided for the benefit of the Applicant.  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 a review of the discharge process.  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).  The applicant did not provided sufficient documentation for the Board to consider.  Therefore, relief was not 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 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