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

 ex-SA, USN
Docket No. ND03-00845

Applicant’s Request

The application for discharge review was received on 20030409.  The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions.  The Applicant requests a personal appearance hearing discharge review before the Board in the Washington National Capital Region.  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) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040312.  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.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “I am requesting an upgrade from Other Than Honorable to General for the following reasons: I was brought up in a home with good values.  My goal has always been to progress and be successful in life.  I do no condone the usage of drugs and alcohol in my past nor will I condone it in my future.  Although it was found on my property during inspection, it did not belong to me.  I have taken responsibility for that action. The evidenced showed in the results of my urinalysis that it was negative and I was abiding by the rules and regulations of the United States Navy.  I have learned from my actions and I am requesting an upgrade of my discharge from Other Than Honorable to General for these reasons.  I regret that I cannot continue my career in the U.S. Navy serving my country especially at this time of war in a dream I always wanted to fulfill once again please consider upgrading my discharge to General.”

Documentation

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

Letter from Applicant dated May 14, 2003
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	000816 - 000918	COG
	Active:   USN			None

Period of Service Under Review:

Date of Enlistment:  000919		Date of Discharge:  020930

Length of Service (years, months, days):

	Active:    02  00  17
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 (12 months extension)

Education Level:  12			AFQT:  54

Highest Rate:  SN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.00 (2)	Behavior:  2.00 (2)		OTA:  2.66

Military Decorations:  None

Unit/Campaign/Service Awards:  NAVY”E”, SSDR, NDSM

Days of Unauthorized Absence:  10

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:

010405:	Retention Warning:  Advised of deficiency (Unauthorized absence), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

010405:	NJP for violation of UCMJ, Article 86: Unauthorized absence.
	Award:  Forfeiture of $486.00 pay per month for 1 month, restriction and extra duty for 45 days (suspended for 6 months).  No indication of appeal in the record.

010806:	Punishment of 45 days restriction and 45 days extra duty previously suspended at CO’s NJP of 010405 vacated due to continued misconduct.

010806:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 0700, 010727 to 0715, 010731 (4 days/S).
Award:  Forfeiture of $521.00 pay per month for 2 months (forfeiture of $521.00 pay per month for 1 month suspended for 6 months) restriction and extra duty for 15 days.  No indication of appeal in the record.

020802:	Department of Navy Field Test Results: Positive for marijuana.

020822:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 0545, 020815 to 0545, 020821 (6days/S), violation of UCMJ, Article 112a: Wrongful use of a controlled substance.
Award:  Forfeiture of $649.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-2.  No indication of appeal in the record.

020824:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to pattern of misconduct and misconduct due to drug abuse.

020824:	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.

020927:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).  Commanding Officer’s comments (verbatim):  SA W_ (Applicant) has been on onboard USS DETROIT for 15 months and has been an average performer.  On 02AUG15 a unit sweep was held utilizing military working dogs.  SA W_ (Applicant) was found to be in possession of marijuana.  On 02AUG22 SA W_ (Applicant) went to NJP for wrongful possession of a controlled substance.  He was found guilty and awarded punishment.  His blatant disregard for navy rules and regulations had been detrimental to good order and discipline.  SA W_ (Applicant) has no further potential for naval service, therefore, I recommend his immediate discharge under other than honorable conditions.

020930:	COMLOGRON TWO directed the Applicant's discharge under other than 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 20020930 under other than 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).

There is credible evidence in the record that the Applicant possessed illegal drugs.  Even one instance of illegal drug possession warranted processing for separation.  Separation under these conditions generally results in characterization of service under other than honorable conditions.   Relief denied.

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.  

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 or any other evidence pertaining to his discharge 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), re-issued October 2002, effective 22 Aug 2002 until Present, 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