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

ex-AC2, USN
Docket No. ND04-00270

Applicant’s Request

The application for discharge review was received on 20031204.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to “completion of required active service.”  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 20040728.  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  and reason for discharge shall not change.  The discharge shall remain: GENERAL (UNDER 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:

“I am submitting this appeal because I believe my discharge was inequitable because it was solely based on one isolated incident in over 8 years of service with no other adverse action.

ISSUE 1.  Type of discharge given Document 1, Page 3, Paragraph 3, Sentences 1-9, clearly supports my appeal for an honorable discharge.

ISSUE 2.  Reenty code Document 2, page 1, Paragraph 3, Sentences 1-6.  I feel that I deserve the opportunity to continue serving my country as well as my community as I pursue a career in law enforcement.  I am requesting that the reentry code be adjusted so that I may be allowed to serve in the naval reserve.

ISSUE 3.  Narrative reason for separation.  It is standard procedure for employer’s to request a DD-214 from all Applicant’s who have served in the Armed Forces.  Since I’ve been discharged from Naval Service over 6 months ago I have experienced nothing but significant complications in obtaining work.  I have been reduced to working for temporary employment agencies and have had to take a significant pay decrease caused mainly by not being able to obtain reputable employment.  I am constantly having to justify my separation and I feel that opportunities have not been afforded to me unjustly I just want to be able to support my self and my son and be able to move on with my life and be a positive addition to the civilian community.
Enclosed with this form are 3 documents and my microfiche record.-End of statement”

Documentation

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

Five pages from Applicant’s service record
Letter of Recommendation, dated September 4, 2003

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	931120 - 940907	COG
	Active:   USN			940908 - 980914	HON

Period of Service Under Review:

Date of Enlistment:  980915		Date of Discharge:  030512

Length of Service (years, months, days):

	Active:    04  07  28
	Inactive:  None

Age at Entry:  22			Years Contracted:  5

Education Level:  12			AFQT:  61

Highest Rate:  AC2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.50 (2)	Behavior:  2.50 (2)		OTA:  3.22

Military Decorations:  None

Unit/Campaign/Service Awards:  NUC, MUC, NER, GCM (2), NDSM (2), AFSM, SSDR (3), NATAO, ESWS, EAWS, Letter of Commendation

Days of Unauthorized Absence:  None

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority:  NAVMILPERSMAN, Article 1910-146, formerly 3630620.

Chronological Listing of Significant Service Events:

980915:	Applicant reenlisted for 5 years.

020826:	Applicant’s statement.

021029:	Drug Testing Report: Analytical Findings:  Negative.

030114:	NJP for violation of UCMJ, Article 92:
Specification 1: Fail to obey lawful order issued by CO on 020825 by entering a pharmacy, to wit: Pharmacies in Turkey are off limits to military personal embarked on USS WASP.
Violation of UCMJ, Article 112A: (5 specs):
Specification 1: Wrongfully introduce illegal substances while on board USS WASP on 020601, to wit; 77 tabs of material each saturated with 10 mg of anabolic steroid liquid, a scheduled III controlled substance.
Specification 2: Wrongfully use an illegal substances on 020825, to wit: approximately 123 tabs of material each saturated with 10 mg anabolic steroid liquid, a scheduled III controlled substances, while onboard USS WASP.
Specification 3:Wrongfully introduce illegal substances on 020825, to wit: approximately 1.97 grams of anabolic steroid ampoules “Anapolon” (a mixture of Testosterone Propionate, Testosterone isocaproate, Testosterone Decanoate and Testosterone Phenylpropionate and approximately 3.02 grams of anabolic steroid tablets “Sustanon” (Oxymetholone) both Schedule III controlled substances.
Specification 4: Wrongfully import  illegal substances on 020825, to wit: approximately 1.97 grams of anabolic steroid ampoules “Anapolon” ( a mixture of Testosterone Propionate, Testosterone Isocaproate, Testosterone Deconate and Testosterone Phenylpropionate) and approximately 3.02 grams of anabolic steroid tablets “Sustanon” both scheduled III controlled substances.
Specification 5: Wrongfully possess illegal substances on 020825, to wit: approximately 5 grams of anabolic steroid material, liquid ampoules and tablets, 
Award: Forfeiture of $1075 per month for 1 month, reduction to AC3.  Reduction suspended for 60 days.  No indication of appeal in the record.

030104:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

030114:	Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

030214:	Applicant’s statement.

030214:	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.

030404:	Commanding Officer recommended discharge honorable by reason of misconduct due to drug abuse (use).

030416:	Commander, Amphibious Group TWO directed the Applicant's discharge general (under 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 20030512 with a general (under 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).

Issue 1.  The Applicant states his discharge was based on one isolated incident with no other infractions.  There is credible evidence in the record that the Applicant wrongfully possessed illegal drugs.  Even one instance of drug abuse warranted processing for separation.  Separation under these conditions generally results in characterization of service under other than honorable conditions.   Relief denied.

Issue 2.  Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces.  An unfavorable “RE” code is, in itself, not a bar to reenlistment.  A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. 

Issue 3.  The summary of service clearly documents that misconduct, was the reason the applicant was discharged.  No other Narrative Reason for Separation more clearly describes why the applicant was discharged.  To change the Narrative Reason for Separation would be inappropriate.  Relief based on this issue is not warranted.

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.  The Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 Aug 2002 until Present, 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