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

 
 ex-HR, USN
Docket No. ND03-00874

Applicant’s Request

The application for discharge review was received on 20030421.  The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions.  The Applicant requests 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 20040401.  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

No issues were submitted by the Applicant. 

Documentation

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

Letter from Applicant, undated
Applicant’s DD Form 214 (2) (Member 1 and 4)
Letter from Applicant, undated
Forty-five pages from Applicant’s service record

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	960123 - 960416	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  960417		Date of Discharge:  991210

Length of Service (years, months, days):

	Active:    03  07  24
	Inactive:  None

Age at Entry:  21			Years Contracted:  4

Education Level:  12			AFQT:  80

Highest Rate:  HM3

Final Enlisted Performance Evaluation Averages (number of marks):*

Performance:  3.00 (2)	Behavior:  2.00 (2)		OTA:  3.12

Military Decorations:  None

Unit/Campaign/Service Awards:  GCM

Days of Unauthorized Absence:  None

*Extracted from supporting documents provided by the Applicant.

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:

980519:	U.S. Naval Criminal Investigative Service report.  [Extracted from supporting documents provided by the Applicant.]

981027:	Charge Sheet:
	Charge I: Violation of the UCMJ, Article 112A (4 specs):
	Specification 1: Wrongfully possess with intent to distribute some amount of anabolic steroids, a scheduled III controlled substance, between 970101 and 980716.
	Specification 2: Wrongfully distribute some amount of anabolic steroids, a scheduled III controlled substance, between 980201 and 980715.
	Specification 3: Wrongfully use anaobolic steroids, a scheduled III controlled substance, between 970101 and 980716
	Specification 4: Wrongfully introduce some amount of anabolic steroids, a scheduled III controlled substance, onto an installation used by the armed forces or under control of the armed forces between 970101 and 980716. to wit: Marine Corps Base, Camp Lejeune, NC with the intent to distribute the controlled substance.
	Charge II: Violation of the UCMJ, Article 121 (2 specs):
	Specification 1: Steal an unknown quantity of syringes and needles, of some value, the property of the U.S. Government between 980312 and 980716.
	Specification 2: Wrongfully appropriate an armed forces military identification card on 980715, military property, of some value, the property of the U.S. Government.
	Charge III: Violation of the UCMJ, Article 134:
	Specification: Wrongfully possess an identification card on 980715, then well knowing the same to be false an(d) unauthorized.  [Extracted from supporting documents provided by the Applicant.]

991210:	DD Form 214: Applicant discharged under other than honorable conditions by reason of misconduct due to drug abuse (use), authority:  NAVMILPERSMAN, Article 1910-146.

[ADMINISTRATIVE DISCHARGE PACKAGE NOT CONTAINED IN SERVICE RECORD.]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19991210 under other than honorable conditions for misconduct due to drug abuse (A).  In the absence of a discharge package, the Board presumed regularity in the conduct of governmental affairs (B) and, after a thorough review of the records, supporting documents, facts, and circumstances unique to this case, found that the discharge was proper and equitable (C and D).

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

There is credible evidence in the record that the Applicant possessed, used, and distributed illegal drugs.  Drug abuse warranted processing for separation.  Separation under these conditions generally results in characterization of service under other than honorable conditions.  Relief denied.

The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy.  Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment.  A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  

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 related 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), Change 24, effective 20 May 99 until 26 March 2000, 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