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

ex-MSSA, USN
Docket No. ND03-01109

Applicant’s Request

The application for discharge review was received on 20030611.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions.  The Applicant requests a documentary record review.  The Applicant did not list any representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20040608.  After a thorough review of the available 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.  “Dear Sirs,

I have enclosed proof why I should have my Discharge change.  Also please consider all the hard work and effort I achieved when I was serving my country.  I made E-2 in Bootcamp, I was Honor Graduate in MS A School and made E-3, and in the fleet on Board the USS CARR FFG 52, I made MS3 in 8 months.  I’m not a bad person.  Please look at the whole scope of my time in the Navy then judge.  I just want my good name Back.  I have 3 children and I almost didn’t get the job that I have now.  I had to lie about my discharge which was wrong, but I can’t look down at my kids and tell then I cant pay the bills and get them food.  Please Help me.  Thank you.

2.  Dear Sirs,

I am writing in regards to the biggest mistake that is altering my life.  Approximately 8 months ago when I was discharged out of the Navy, I was very stressed and not all together mentally.  Since I’ve been out of the military my life has been anything but easy.  After my 45/45 restriction I went on to stay with my fiancée in Chicago.  Between my fiancée and I at that time we shared 2 children between us.  She hasn’t worked in 4 years and I was the only source of income.  Finding work was hard and we were barely getting by.  We often depended on my mother for financial support.  We were 5 months behind on rent and we ended up losing the apartment and to this day still in dept.  Sadly we are now longer together and she is pregnant with my second child.  K_ S_ and her two children now live with her mother C_ S_ who is also unemployed and on disability for reasons of Breast Cancer.  How they get by is government assistance and prayer.  I now live with my mother back in Marietta Georgia.  Unemployed at this present day, I was fired from my last job.  I have been under a lot of stress, depression and mild thoughts of suicide or wishing I were dead.  Chronic depression is a symptom that runs in my immediate family.  Living here with my mother just adds on with me being a burden on her.  Right now I can’t afford to pay old bills, car insurance or the simple necessities for my children or myself.  I am truly sorry for all my action for what I didn’t do and the things I did do to get myself kicked out the Navy.  At the time I was going through so much with my personal life and my workload as a Mess Management Specialist Third Class (MS3), was too over baring and I couldn’t take the pressure.  My fiancée and I were fighting about her not working and on the USS Carr things were terrible for me.  Not too many people understand and appreciate that cooks have one of the hardest jobs.  In port working 9-hour shifts with no breaks and out to sea working 13 hours straight for weeks in a row.  Getting little to no sleep or some time to yourself.  Labor was hard with all those hours on your feet with just 2 people cooking for two hundred.  That’s 200 different personalities you have to please.  I’m not sure on exact dates but back in December of 2001 the USS Carr FFG 52 had a drug traffic problem.  We had lost two MS’ to drug use and prior we had lost two to being discharged.  Our S-2 division was so under manned.  The two only third classes were doing everything, being MS3 L_ and myself.  My entire time on the ship I never experienced the normal five and two schedule.  After the September eleventh incident I only got off 4 days a month.  After that all I can say from what I remember is one day I literally just snapped.  Weeks after my episode my whole personality changed.  One day a week or two later I told MA1 D_ that I smoked marijuana and signed a confession.  Two days later we had a ship wide drug screen.  My results came back negative.  I lied about using drug because I wanted to be out of the military and I was upset because they wouldn’t let me out earlier that year because I had started the process for conscientious objector.  I am a Muslim and I didn’t understand why they wouldn’t let me go.  I regret and sincerely apologize for my actions and place myself at the mercy of the Naval Boards decision.  I respectfully request that my other than honorable please be changed to an honorable.  Please give me a chance by cleaning my record and giving me a chance to build my life back up.  None of us are perfect and the military is not for everyone.  I couldn’t adapt and to put it simply the Navy wasn’t for me.  I know you the board member are people of sympathy and compassion.  Please help me, and thank you for your time.

Sincerely Your,
T_ M_”

Documentation

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

Applicant’ s DD Form 214 (Member 1 and 4) (2)
Psychological evaluation, dated May 2, 2002 (2)
Letter to Applicant from Commanding Officer, dated January 16, 2002
Honor Graduate Certificate for superior academic achievement, dated May 29, 2001
Administrative remarks page
Certificate of Training, dated May 29, 2001

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	010111 - 010129	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  010130		Date of Discharge:  020707

Length of Service (years, months, days):

	Active:    01  05  08
	Inactive:  None

Age at Entry:  22			Years Contracted:  4

Education Level:  12			AFQT:  41

Highest Rate:  MS3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.50 (2)	Behavior:  2.00 (2)		OTA:  2.34

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  None

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:

020502:	Psychological Evaluation: Applicant referred for evaluation of work stress and to provide input regarding his request for discharge as a conscientious objector.  Diagnoses:  1 Occupational problem.  2.  Personality disorder, not otherwise specified (antisocial and paranoid features).  Recommended for administrative separation due to unsuitability.

020626:	Evaluation and Counseling Record, Block 43, Comments:  [Convicted at NJP of Article 112a (Wrongful use of Controlled Substance).]

020701:	Commander, Cruiser-Destroyer Group Eight directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

Applicant’s discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020707 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).

Issue 1.  The Applicant contends that he served the United States well and he is entitled to an honorable discharge.  When the service of a member of U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable.  An Under Other Than Honorable Conditions discharge 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 conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service.  Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities.  Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.  Relief denied.

Issue 2.  The Applicant contends his disciplinary problems were the result of stress caused by his personal life.  The NDRB recognizes that serving in the U.S. Navy is challenging.  Our country is fortunate to have men and women willing to ensure the hardships and sacrifices required in order to serve their country.  It must be noted that most members of the Navy serve honorably and therefore earn their honorable discharges.  In fairness to those members of the Navy, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due.  The NDRB found that the Applicant's service was equitably characterized.  Relief denied.

The Applicant contends that he never used drugs and admitted usage for the sole purpose of obtaining a discharge from the Navy in order to return home to family and friends.  The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions.  His self-admission to drug use is considered as “wrongful use of a controlled substance” punishable under the UCMJ, Article 112a.  The NRDB found that the Applicant’s service was equitably characterized.  Relief denied.

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 33, effective 16 Jul 2001 until 21 Aug 2002, 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