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

 ex-FA, USN
Docket No. ND04-01332

Applicant’s Request

The application for discharge review was received on 20040823.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record review.  The Applicant listed the American Legion as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20050201.  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.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“1.  Aside from the drugs, my service record was satisfactory, and so warrants an upgrade to Honorable.
2.  I was never involved in selling or trafficking of drugs, and so warrants an upgrade to Honorable.
3.  My record of AWOL/UA indicates only minor or isolated offences, and so warrants an upgrade to Honorable.

The above-mentioned arguments pertain to my case for an upgrade to “Honorable Discharge.” I was discharged on Oct. 31, 2003.  The reason I was given for my discharge was UA, and illegal use of narcotics.
I went UA on Aug. 30, 2003, and turned myself in on Sept. 29, 2003.  My reason for leaving was due to the fact that I was having marital problems caused by my wife and I being separated for such long periods of time.  I did not plan on going UA, however at the time I felt 1 needed to do whatever it took to save my marriage.  I requested help from chaplains and other means of counseling, however nothing seemed to work.
On the matter of illegal use of drugs, I had never had a problem with drug use in the past.  This was an isolated incident, which was brought on by my severe depression due to the marital problems I was unsuccessfully trying to deal with.  Looking back, I can see that this was a very costly and foolish decision.
Other than the above-mention violations, my service record was satisfactory.  Therefore I respectfully request that you review my record and hopefully authorize an upgrade to Honorable Discharge, so that I may re-enter and finish my term and serve my country.
Thank you for your time and consideration.”

No additional issues were submitted by the Applicant’s representative. 

Documentation

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

Applicant’s DD Form 214
Letter from the American Legion

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	020627 - 020930	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  021001		Date of Discharge:  031031

Length of Service (years, months, days):

	Active:    01  01  00
	Inactive:  None

Age at Entry:  21			Years Contracted:  4 

Education Level:  12			AFQT:  36

Highest Rate:  FA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.00 (1)		Behavior:  1.00 (1)		OTA:  2.17

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

Days of Unauthorized Absence:  31

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:

031008:	Summary Court-Martial.
Charge I. Violation of UCMJ, Article 85: Desertion.
Charge II. Violation of UCMJ, Article 86: UA from 030830 - 030930.
Charge III. Violation of UCMJ, Article 112a: Wrongful use of a controlled substance.
Finding.  Not guilty to Charge I, Guilty to Charges II and III.
Sentence.  Confinement for 30 days, reduction to E-1.  
CA Action: 031008.  Approved and ordered executed.

031008:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse and misconduct due to commission of a serious offense.

031008:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.

031017:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse and due to the commission of a serious offense.

031020:	Commander, Carrier Group Five 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 on 20031031 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).

Issues 1-3.  The Applicant received a summary court-martial for unauthorized absence and illegal drug use.  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.  While he may feel that his marital problem at the time was a factor that contributed to his actions, the record clearly reflects his disregard for the requirements of military discipline and demonstrated that he was unfit for further service.  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 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.  Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment.  A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  

The Applicant’s discharge characterization accurately reflects his service to his country.  The discharge was proper and equitable.  Normally, to permit relief, an inequity or impropriety must have existed during the period of enlistment in question.  No such inequity or impropriety is evident during the Applicant’s enlistment.  Additionally, 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.  Relief not warranted.

The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received at the NDRB within 15 years from the date of his 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), 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 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

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 “http://Boards.law.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:

		Secretary of the Navy Council of Review Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023