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

 ex-MSSR, USNR 
Docket No. ND03-00605

Applicant’s Request

The application for discharge review was received on 20030303.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record discharge review.  The Applicant listed Veterans of Foreign Wars as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040128.  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 HONORABLE CONDITIONS (GENERAL)/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “Dear Sir or Madam:

My name is M_ J_ C_ (Applicant), and I am writing in regards to my general discharge from the United States Naval Reserve. I went into the Navy on January 16 of 1990. My discharge date was February 14 of 1991. I was discharged from the Navy due to showing positive on a urinalysis test for smoking marijuana. In 19901 came forward to my superiors and informed them that I was having family troubles and that I had been using marijuana. At this point I was given a urinalysis test and was instructed to meet with a Chaplin. At no point was I ever given the option for counseling or treatment for this issue. It was not until 1991 that I was discharged from the Navy. I have since then completely turned my life around.

These mistakes were made over 12 years ago. I have not used drugs since 1991. These incidents that took place not only shamed my family and me because of my incomprehensible actions, but more importantly it shamed my unit and the United States Navy. I try not to focus on the past and I have moved on with my life and have accomplished many things since then. I am 32 years old and I run 3 miles a day. I also lift weights every other day. I have received 2 technical certificates from college, and training through a Microsoft course. I am currently in college now majoring in business. I am holding a 3.3 GPA. I have also worked as a Deputy for Canyon County Sheriffs Department where I received a letter of recommendation from my lieutenant. I have a stable home life and have been married for almost 6 years now with two beautiful boys whom I cherish. I have a good job as a Knowledge Technician with SafeHarbor Techno logy Corporation. As I said before I have accomplished many things since my departure from the Navy but have always had a longing to redeem myself in serving my country properly. I am in the process of trying to enlist in the United States Army.

I would like to get my general discharge upgraded to an honorable discharge. I have enclosed copies of the certificates that I have earned, as well as my letter of recommendation from Canyon County Sheriffs Department. I have also enclosed some personal letters of character reference, as well as paperwork regarding my discharge. I want to thank you fur your time and patience in reviewing my letter. If you have any questions please contact me at anytime”.

Additional issues submitted by Applicant’s counsel/representative (VETERANS OF FOREIGN WARS):

2.  “We concur with the Applicant’s contention that his discharge be upgraded.  We refer this case to the Board for their careful and compassionate consideration and request the Applicant’s discharge be reviewed for upgrading his general discharge to honorable discharge.”

Documentation

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

Copy of DD Form 214
Employment/Character Reference Letter dated February 15, 2003
Character Reference Letter dated February 11, 2003
Letter of Recommendation
Copy of A+ Computer Support Technician Certificate from Boise State University
Copy of Certificate of Excellence (Microsoft Certified Professional)
Page from Medical Record
Copy of statement from Applicant

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:  891130		Date of Discharge:  910214

Length of Service (years, months, days):

	Active:    00  03  07
	Inactive:  00 11  08

Age at Entry:  19			Years Contracted:  8

Education Level:  12			AFQT:  32

Highest Rate:  MSS

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

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

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

Chronological Listing of Significant Service Events:

900116:	Commenced initial active duty for training.

900512:	Released from active duty for training, transfer to the Naval Reserve, having service 3 months 27 days of active duty with characterization of service as “honorable.”

901117:	Medical Record: Member reported to medical for drug abuse screening.  Member was recalled to active duty because of unsatisfactory drills.   Now he has reported to medical stating he has a drug problem.  2-3 episodes of alcohol and marijuana use in recent months.  Impression: Probably not dependent, but habitual situational user.

910108:	Applicant notified of intended recommendation for discharge under honorable conditions general by reason of misconduct due to drug abuse as evidenced by a positive urinalysis 

910108:	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.

910130:	DAAR indicates marijuana abuse, not dependent, recommended separation not via VA hospital.  Comments: MSSR C__ has voluntarily disclosed his abuse of THC, Alcohol and other controlled substances.  Based on that, along with poor performance record, we determine that he has no value for further naval service.  Recommend MSSR C_ be separated with an other than honorable discharge.

910213:	Commanding Officer recommended discharge under honorable conditions general by reason of misconduct due to drug abuse (use). 

910214:	Discharged this date with a general discharge by reason of misconduct due to drug abuse.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19910214 with a general (under honorable conditions)  for misconduct due to drug abuse (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’s self-admission to drug use, and positive urinalysis, is considered as “wrongful use of a controlled substance” punishable under the UCMJ, Article 112a.   .  The Applicant’s allegations, that he was denied assistance and counseling, do not refute the presumption of regularity in this case.  The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions.  Relief denied.  

Issue 2.  The following is provided for the edification of the Applicant.  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 naval service.  The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review.  Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities.  At this time, the Applicant has not provided sufficient documentation for the Board to consider.  Therefore, no relief will be granted.

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 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.  Navy Military Personnel Manual, (NAVPERS 15560A), Change 11, effective 
14 Jun 90 until 14 Aug 91, 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