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

ex-PR3, USN
Docket No. ND03-01386

Applicant’s Request

The application for discharge review was received on 20030820.  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 YYYYMMDD.  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.

The NDRB did note administrative error(s) on the original DD Form 214.  Block 18, Remarks, should contain the following statement:  "CONTINUOUS HONORABLE ACTIVE DUTY FROM 89OCT04 UNTIL 96NOV05, and Block 24, Character of Service, should read:  "UNDER OTHER THAN HONORABLE CONDITIONS" vice "OTHER THAN HONORABLE."  The Commander, Naval Personnel Command, Millington, TN, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.
PART I - APPLICANT’S ISSUES AND DOCUMENTATION________________________________________________________________________
Issues, as stated:Applicant’s issues, as stated on the application:1.  “To whom it may concern,During my 12 year career in the Navy, I was not only a great asset to my country, I was also very well respected and highly regarded by my peers.  Only in the final year of my tour did the stresses build up to a point where I turned to drugs and alcohol and my decisions began to falter.  Before succumbing to the disease, my naval performance was always exemplary.  I achieved above standard scores on all my evaluations and was decorated with numerous achievement medals, many quality assurance qualifications and other commendable awards.  Because of my good service and above average evaluations, I was chosen to be a proud member of the Seal Team Three Air Department.  This honorable service record led to my 3 previous honorable discharges.After receiving my discharge due to my substance abuse, I felt very angry and bitter.  Now, many years later, I am no longer resentful towards myself, I see the error of my ways and have learned to accept the consequences for my actions.  My efforts and attitudes have changed for the better and I feel I have grown in many ways since the end of my career in the Navy.  Due to this betterment of my life, I feel I deserve the privilege to have this discharge changed to one of a more honorable status.The remorse I felt for my actions led me to a path of improvement and now a quest to move onward in my life, with this stigma of an “other than honorable” behind me.  I have been taking college courses to advance in my career field and earn a special inspector’s license.  I have recently completed a substance abuse rehabilitation program with great success and am moving toward a better lifestyle.  I have taken up new hobbies and activities, such as martial arts and various other sports.  Currently I am getting my life back on track in hopes of finding a suitable job in order to start a family soon.I feel my discharge may hinder my search for a better career and feel I have earned the chance to have it changed.  My resolve to improve my quality of life has been strong and my desire to start a family brings me to this one unresolved piece of my past.Because of the previously mentioned aspects of my life, I feel I am deserving of this privilege and am respectfully requesting a change in the status of my other than honorable discharge from the United States Navy to a general! under honorable conditions status.I thank you for your consideration and attention to this matter.”

________________________________________________________________________DocumentationIn addition to the service record, ONLY PARTIAL DISCHARGE PACKAGE AVAILABLE, the following additional documentation, submitted by the Applicant, was considered:

Reference Letter from Program Director of SHARE Unit drug & Alcohol Treatment Center dated June 16, 2003
Copy of Certificate of Graduation from SHARE Unit drug & Alcohol Treatment Center dated June 24, 2003
Service Related Documents (15 pages)
Copies of DD Form 214 (2)
Copy of Certificate of Completion (Telecommunications Technology)
Copy of Certificate of Completion (Training Modules) 

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	860328 - 860415	COG
	Active:   USN			860416 - 891003	HON
	Active:   USN			891004 – 930415	HON
	Active:   USN			930416 – 961105	HON 

Period of Service Under Review:

Date of Enlistment:  961106		Date of Discharge:  980614

Length of Service (years, months, days):

	Active:    01  07  08
	Inactive:  None

Age at Entry:  31			Years Contracted:  4 

Education Level:  12			AFQT:  45

Highest Rate:  PR2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  4.00 (1)	Behavior:  1.00 (1)		OTA:  2.86

Military Decorations:  None

Unit/Campaign/Service Awards:  NAM, NDSM, SSDR, GCM, MUC, NAVY”E”, SASM, AFEM, KLM, Pistol Sharpshooter, EAWI

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:

961107:	Reenlisted at SAN DIEGO, CA for 4 years.

980413:	NJP for violation of UCMJ, Article 112a: Wrongful use of controlled substance.
	Award:  Reduction to E-4.  No indication of appeal in the record.

980501:	Commander, Naval Special Warfare Command authorized 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 19980614 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 available 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:  Despite a servicemember’s prior record of service, certain serious offenses, even though isolated, warrant separation from the naval service in order to maintain proper order and discipline.  The Applicant’s service record is marred by award of nonjudicial punishment (NJP) for illegal drug use, thus substantiating the misconduct for which he was separated.  Drug abuse warranted processing for separation, normally under other than honorable conditions.  Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.  In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered his discharge proper and equitable.   Relief denied.

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 the service.  However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  At this time, the Board determined that the documentation submitted by the Applicant does not mitigate his misconduct while on active duty.  

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.  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 18, effective 12 Dec 97 to 19 May 99, 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