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

 ex-QMSN, USN
Docket No. ND04-00523

Applicant’s Request

The application for discharge review was received on 20040212.  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 20041001.  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 four to one that the character of the discharge shall not change.  The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT-DRUG ABUSE, authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “Honorable Members of Council,

I respectfully request the council review my military discharge and consider upgrading the discharge from Other than Honorable to Honorable.  I request this consideration because my discharge was based on one isolated incident over 44 months of service, with no other adverse action.

I entered the U.S. Navy in May of 1989.  I was seventeen when I entered the military.  I served for over three and a half years in the military, with an excellent service record.  I served on two nuclear submarines as a quartermaster.  I made an extremely poor choice by experimenting with marijuana one time, in late 1992.  Subsequently, I was discharged from the military.  My service in the Navy was honorable, with the exception of this isolated event.  It was a poor decision that cost me a potential career and embarrassed my family.

I was discharged on January 20, 1993.  I returned to my home state of Washington.  I started a career with the Department of Corrections in October of 1995 at McNeil Island Corrections Center.  I was hired a permanent officer in September 1996, and began attending began college that same month.  I became an instructor in various disciplines and joined the Special Emergency Response Team (SWAT) in 1998.  I was promoted to Correctional Sergeant in August of 1999.

I continued through college while working full time and starting my family.  I transferred to the Washington Corrections Center for Women where I continue to serve as a sergeant supervising five correctional officers.  I received an Associate’s Degree from Pierce College.  I received a Bachelor’s Degree from the Evergreen State College in June of 2001.  I served temporarily as an Extradition Lieutenant (promotion) in the summer of 2003 to reduce the units increasing work load.

I am working on my ninth year with the Washington State Department of Corrections.  My service with this agency is exemplary.  I have received no adverse action in the course of my employment in the law enforcement field.  I hope the council will consider my career in corrections as a demonstration that my decision was just an isolated incident while in the US Navy.

I request that the members of the council review my discharge and determine if the discharge still applies.  Thank you for your time and consideration in the request.”

Respectfully,

M_ D_ C_ (Applicant) (social security number deleted)
(address deleted)

Documentation

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

Letter of Commendation from M_ A_, Program Coordinator, dated September 3, 1995
Letter of Commendation from J_ A_, dated March 8, 1998
Letter of Commendation from B_ D_ S_, Superintendent, dated October 22, 1998
Letter of Commendation from B_ S_, Superintendent, dated January 5, 1999
Letter of Commendation from B_ S_, Superintendent, dated March 19, 1999
Letter of Commendation from Department of Corrections, dated August 29, 2001
Letter of Commendation from A_ S_, Associate Superintendent, dated October 2, 2001
Letter of Commendation from B_ S_, Superintendent, dated May 5, 2002
Letter of Commendation from D_ K_ D_, Associate Superintendent-Operations, dated May 22, 2002
Letter of Commendation from A_ B_, Correctional Lieutenant, dated December 29, 2003
Employee Development and Performance Plan, dated October 13, 1999 to October 13, 2000 (2 pages)
Employee Development and Performance Plan, dated September 22, 2000 to September 22, 2001 (2 pages)
Employee Development and Performance Plan, dated October 13, 2001 to October 13, 2002 (2 pages)
Washington State Criminal Justice Training Commission given on April 26, 1996
Certificate of Completion for a Disseminator Course in the Application of OC/Capstun Products in July 1997
Certificate of Completion for Defensive Tactics Instructor Training given on December 5, 1997
Washington State Criminal Justice Training Commission certificate completing SWAT, BASIC (0510-B), granted on May 1, 1998
Associate in Arts and Science degree from Pierce College, dated August 13, 1998
Certificate of Achievement from DOC’s First Sert Academy, dated December 11, 1998
Certificate from the Special Emergency Response Team for completing 50 hours of advanced training, dated December 13-18, 1998
Washington State Criminal Justice Training Commission certificate for completing 80 hour course titled Unarmed Control Tactics, Level One, Instructor (2071-B), April 2, 1999
Certificate of Achievement for successfully completing Practitioner-Instructor Workshop for Field Training Officers from DOC Performance Institute, dated November 4, 1999
Certificate of Achievement for completing 32 hours of Joint Operations, dated May 15th-18th, 2000
Certificate for completing 40 hours of First Level Supervision 4125, dated September 15, 2000
Certificate of Achievement for completion of 24 hours of Emergency Exercise Design and Evaluation, dated January 17-19, 2001
Supervisory Certification from Washington State Criminal Justice Training Commission, dated February 1, 2001
Certificate of Completion from U. S. Department of Justice National Institute of Corrections, dated February 5th 2001
Certificate in Developing a Strategic Plan from Washington State Criminal Justice Training Commission, dated February 5, 2001
Bachelor of Arts from The Evergreen State College, dated June 15, 2001
Emergency Response Instructor Certificate for completing 40 hours, dated October 15-19, 2001
Certificate of Award for completing the Intermediate Instructor Course, dated November 9, 2001
Certificate of Achievement for completing requirements for Practitioner Instructor, dated March 29, 2002
Certificate from Firearms Instructor Academy, dated September 20, 2002
Community and Technical Colleges Vocational Technical Education Certificate, dated October 25, 2002 to October 25, 2005
Copy of DD 214 (Member 4)
Enlisted Performance Record
Enlisted Performance Evaluation Report (3 pages)
Pierce College Unofficial Student Transcript, dated December 30, 1999
Faculty Evaluation of Student Achievement from The Evergreen State College, dated April 1999 to June 1999
Faculty Evaluation of Student Achievement from The Evergreen State College, dated March 29, 1999 to June 11, 1999
Program Description from the Evergreen State College, dated September 7998 – June 1999 (2 pages)
Faculty Evaluation of Student Achievement from The Evergreen State College, dated October 1999 to December 1999 (2 pages)
Transitional Studies: Historical, Theoretical and Pragmatic Perspectives Fall quarter, 1999-2000
Faculty Evaluation of Student Achievement from The Evergreen State College, dated September 27, 1999 to December 18, 1999
Faculty Evaluation of Student Achievement from The Evergreen State College, dated April 2000 to June 2000 (4 pages)
Faculty Evaluation of Student Achievement from The Evergreen State College, dated October 2000 to June 2001 (3 pages)
Faculty Evaluation of Student Achievement from The Evergreen State College, dated October 2000 to June 2001 (2 pages)
Program Description from The Evergreen State College-Tacoma, Fall, Winter, Spring quarter 2000-2001 (4 pages)
Submarine Qualification Certificate, dated March 25, 1991
Citation from Commanding Officer USS WOODROW WILSON, dated July 9-24 1992
Letter of Commendation from Commander Submarine Squadron Fourteen, dated March 1990 to June 1990

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	890425 - 890514	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  890515		Date of Discharge:  930120

Length of Service (years, months, days):

	Active:    03  08  06
	Inactive:  None

Age at Entry:  17 (Parental consent)	Years Contracted:  4 

Education Level:  11			AFQT:  75

Highest Rate:  QM2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.36 (6)	Behavior:  3.40 (6)		OTA:  3.33

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, ESBI

Days of Unauthorized Absence:  None

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

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

Chronological Listing of Significant Service Events:

890519:	Applicant briefed on Navy's policy of drug and alcohol abuse.

921020:	NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 921007, tested positive for THC.

921026:	Drug and Alcohol Abuse Report: Marijuana abuse not determined.  Urinalysis was randomly done.  This incident happened on 921007 ashore-off duty.  Commanding Officer states to process for separation from service VIA VA Hospital.  Commander’s comments:  Member shows poor potential for further productive Naval Service.
	Applicant previous disciplinary civilian history: August 1986, Federal Way, WA for reckless endangerment, fine of $27.00 with 8 hours of community service.

921026:	NJP for violation of UCMJ, Article 112a:  Wrongful use of a controlled substance on or about 921007 while aboard USS WOODROW WILSON, violation of UCMJ, Article 92: Failure to obey order or regulation of knowledge of a lawful ordered that was issued on or about 921007.
	Award:  Forfeiture of $501.90 per month for 2 months, restriction for 60 days, reduction to E-3.  No indication of appeal in the record.

921105:	Applicant disqualified for duty in submarines by reason of drug abuse.

921109:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drugs as evidenced by Commanding Officer’s NJP for violation of wrongful use of a controlled substance.

921112:	Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

921208:	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.

921223:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to wrongful use of marijuana.

930108:	BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on19930120 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).

Issue 1:  The Applicant stated that his discharge was based on one isolated incident over 44 months of service, with no other adverse action.  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.  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 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.  The Board commends the Applicant on his post-service accomplishments, however, it does not mitigate his misconduct sufficient to warrant an upgrade to his discharge.     

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), 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