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

 ex-SR, USN
Docket No. ND03-01073 

Applicant’s Request

The application for discharge review was received on 20030604.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a personal appearance hearing 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 20040423.  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 – 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:

“Petition for upgrade of military discharge for purpose of reenlistment

It is with great remorse that I submit this petition. Over the past 12 years not a day has passed that I have not regretted my actions. I cannot bear it any longer so I am finally petitioning my discharge for the purpose of reenlistment.

I entered the U.S. Navy on 2 AUG 90 after high school and was separated on 9 SEP 91 with an Other Than Honorable discharge and the responsibility for my separation lies wholly upon myself. Coming from a decorated military family, particularly since my father was an Air Force pilot, I was encouraged to enter the service. However, I was too immature and quickly fell into the wrong crowd. Attached is my DD-214 along with Administrative Remarks that speaks for itself. I do not deny any of the offenses or intend to dispute them, I only ask that the board consider my age at the time of the offense and consider providing me a second chance to make things right.

After my discharge I was devastated and my family was ashamed to say the least. The stigma of my record has haunted me to this day. For the past twelve years I have hidden my military record from employers, my university, church, and friends. I am so sick of living this way. Try as I may, I have not been able to convince myself that the past is the past and just learn to live with my mistakes.

To try to redeem myself, I earned a B.A. from the University of Tennessee in Criminal Justice with the intention of returning to the service to help other young men learn the consequences of bad choices. However, after earning my degree, I spoke with a recruiter to inquire about reenlisting and was told that my R-F4 status would never get me back in the service or allow me to upgrade my discharge. Bitterly disappointed. I then decided to earn an 18 credit hour teaching English as a second language certificate from Johnson Bible College with the intent on working abroad where my past would not follow. Although I worked successfully in Japan for two years, I decided to return to America and earned a B.S. in Business from the University of Tennessee in December of 02. However, despite my achievements, I cannot forget my past and I want desperately to change it. I believe that by enlisting in whatever branch has the most need for recruits, I can serve as a mentor to young men who will be faced with many temptations and peer pressure when they enter the service.

With the terror threats to America and a rapidly changing world political climate, I believe that now more than ever, we need a strong military and I want to do my part to the best of my ability. Now I am mature and well educated, I believe that my experiences and education would be a great asset to help young enlistees stay out of trouble and advise them how to make the most of their military experience and help them plan their future education goals. I am ready to start from the ground up and begin again. I have excellent references from professors, clergy, former employers, and a deputy sheriff. Also, I have provided a background check from the Knoxville police department to prove that I have not committed any offenses since my discharge.

Lastly, I am 31 years old and I have been happily married for almost 4 years. I am in the best shape of my life and would probably ace the Armed Forces Physical Fitness Test. I humbly ask that the board consider my petition and help me not only make up for my juvenile mistakes but have a positive effect on others who may be at risk falling into the same trap I did.

Thank you for your consideration. If there is any other information the board would need from me to help in making its decision, please contact me as soon as possible”.

Sincerely,

J_ H_

Documentation

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

Copy of DD Form 214
Academic Transcript from the University of Tennessee, Knoxville (2 pages)
Copy of Police Record Check
References Listing
Letter of Recommendation dated May 14, 2001
Copy of Certificate of Achievement (Teaching English to Speakers of Other Languages)
Copy of Record Information Request
Copy of Administrative Remarks
Copy of Retention Warning 
Copy of Commanding Officer’s Recommendation for Separation (2 pages)
Copy of BUPERS Discharge Authorization (2 pages) 

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	900220 - 900801	COG
	Active:   USN			None

Period of Service Under Review:

Date of Enlistment:  900802		Date of Discharge:  910909

Length of Service (years, months, days):

	Active:    01  01  08
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  38

Highest Rate:  SR

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.80 (1)	Behavior:  2.80 (1)		OTA:  3.00

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

Days of Unauthorized Absence:  None

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

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

Chronological Listing of Significant Service Events:

901031:	Retention Warning:  Advised of deficiency (Violation of the UCMJ, Article 92, failure to obey lawful regulation, to wit: consuming alcoholic beverages while underage, Article 134, due to overindulgence in intoxicating liquor, member was incapacitated for the proper performance) notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

901031:	NJP for violation of UCMJ, Article 92: Failed to obey a lawful order, by consuming alcoholic beverages while underage, violation of UCMJ, Article 134: On or about 901023, as a result in overindulgence in intoxicating liquor, was incapacitated for the proper performance of duties.
	Award:  Forfeiture of $300.00 pay per month for 1 month (suspended for 3 months), restriction to NHCS and extra duty for 21 days.  No indication of appeal in the record.

910514:	Retention Warning:  Advised of deficiency (Violation of the UCMJ, Article 92, disobeying a lawful order, Article 108, damage to government property and Article 134, drunk and disorderly.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910515:	DAAR indicates alcohol abuse as identified by military police.

910701:	DAAR indicates marijuana trafficking as identified by civilian police.
 
910701:	Summary Court-Martial.
	Charge I:  violation of the UCMJ, Article 112A,
	Specification: Wrongful distribution of 1.3 grams of marijuana.
	Finding:  to Charge I and the specification thereunder, guilty.
	Sentence:  Forfeiture of $422.55 pay per month for 1 month, restriction for 30 days, reduced to E-1.
	CA action 910701:  Sentence approved and ordered executed.

910701:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by a conviction at a Summary Court Martial for wrongful distribution of marijuana.

910708:	Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

910724:	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 under other than honorable conditions.

910805:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).  

910828:	BUPERS 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 19910909 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).

Characterization of service as other than honorable is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record.  The applicant’s service was marred by the award of nonjudicial punishment (NJP) and a Summary Court-Martial for violations of the Uniform Code of Military Justice (UCMJ).  The applicant’s misconduct included failure to obey a lawful order, consuming alcoholic beverages while underage, overindulgence in intoxicating liquor that incapacitated the Applicant for the proper performance of duties, and wrongful distribution of marijuana.  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.

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.  Navy Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 04 Mar 93, 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