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

 
ex-MSSR, USNR
Docket No. ND03-01495

Applicant’s Request

The application for discharge review was received on 20030917.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  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 20040617.  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 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “To whom it may Concern:
I appreciate the opportunity that I was given by the United States Navy.  I believe my experience in the Navy has made me a better person.
After boot camp I was sent to the Rosecrans base in San Diego prepared to begin my training as a MS.  I was put on hold for eight weeks before I could start my classes.  All the time in a boot camp environment.  While in school on duty I received an injury to my lower back.  I was treated and seen by a number of different Doctors all of witch said there was something wrong with my back except the last Doctor, who said I was fine.  I was not.  I asked to confer with my family Doctor but was denied.  I turned my self in for smoking marijuana days later.
I graduated first in my class for academics the injury kept me from doing the physical aspects of the training.  The busy work I was dong during the eight week delay causing and injury and my downfall in the Navy.  I truly wish the circumstances had been different.
Since leaving the Navy I have not been involved with the law in any way.  I have worked steadily except for two separate severe injuries that kept me out off work for about two and a half years and also disabled me 35%.  During my last injury I went to school to obtain my real estate license, which I passed and is being processed.
Having this on my record has always wared on my mind.  Please feel free to contact me if you would like any further information (Applicants) Phone number_ and Address _.
I appreciate a chance to discuss or upgrade my discharge. 

Sincerely, 
D_ J_, (Applicant)

Documentation

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

None

PART II - SUMMARY OF SERVICE

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

	Inactive: None
	Active:   None

Period of Service Under Review:

Date of Enlistment:  960315		Date of Discharge:  970114

Length of Service (years, months, days):

	Active:    00  09  27
	Inactive:  00 00  03

Age at Entry:  22			Years Contracted:  8 

Education Level:  12			AFQT:  54

Highest Rate:  MMSR

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMA*	Behavior:  NMA*		OTA:  NMA*

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  None

*No marks found in Applicant’s service record.

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630620.

Chronological Listing of Significant Service Events:

960318:	Applicant ordered to active duty for 48 month under the TAR program.

961127:	NAVDRUGLAB, San Diego, CA, reported Applicant’s urine sample, received 961105, tested positive for tetrahydrocannabinol.

961213:	NJP for violation of UCMJ, Article 112A:  Wrongful use of marijuana.
	Award:  Forfeiture of $437.00 per month for 2 months, restriction and extra duty for 45 days.  No indication of appeal in the record.

961216:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by incidents of misconduct due to drug abuse during your current enlistment.

961217:	Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

961219:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).  Commanding Officer’s comments:  SR J_ (Applicant) wrongful use of marijuana precludes his further retention in the Naval Service.  I recommend that SR J_(Applicant) be separated under other than honorable conditions by reason of misconduct due to drug abuse.

970106:	Commander, Naval Base San Diego 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 19970114 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.  There is credible evidence in the record that the Applicant used illegal drugs.  Mandatory processing for separation is required for sailors who abuse illegal drugs.  Separation under these conditions generally results in characterization of service under other than honorable conditions.  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 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 additional documentation to support any claims of post-service accomplishments or any other evidence relating 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), Change 14, effective 
03 Oct 96 until 11 Dec 97, Article 3630620  SEPARATION OF ENLISTED PERSONNEL 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