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

  ex-ET3, USN
Docket No. ND05-00367

Applicant’s Request

The application for discharge review was received on 20041227.  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 20050428.  After a thorough review of the available 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.  “My discharge was unmerited because it was one isolated incident in 20 months of exemplary service.  As my records indicates, I was the top student in every phase of my military training.  I was entrusted with duties of class leader twice in addition to being an assistant class leader once.  I also dedicated time to peer tutoring and volunteered for extra duties.

I am now a successful Field Engineer, settling down with a wife and family.  I know I will always live with the scar of my mistake of the Naval career that could never be, but I can hope to clear my record and free myself of at least a portion of my grief.

I should have been allowed a second chance at a successful Naval career; therefore; I humbly request that my discharge be upgraded to General/Under Honorable Conditions.

Thank you in advance for your consideration.”

Documentation

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

Copy of DD Form 214 (2 copies)
9 pages from Applicant’s service record

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	960809 - 961015	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  961016		Date of Discharge:  980612

Length of Service (years, months, days):

	Active:    01  07  27
	Inactive:  None

Age at Entry:  22			Years Contracted:  4 (24 month extension)

Education Level:  12			AFQT:  80

Highest Rate:  ET3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF*		Behavior:  3.00 (1)		OTA:  3.00

Military Decorations:  None

Unit/Campaign/Service Awards:  ERM

Days of Unauthorized Absence:  None

*No marks found

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:

961223:	Retention Warning:  Advised of deficiency (Failure to disclose unpaid parking ticket 10/96.  Parking ticket paid for $35.00 961219.  No further legal action pending.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

980515:	Report of Apprehension, remarks:
	SVM traveling through Gate 4, base police checked registration.  [License] plates did not match registration.  Base police impounded vehicle.  During which base police found what was believed to be marijuana.  Base police tested substance and it was marijuana.  

980515:	Applicant’s statement:
	“On May 14 98 I met J_ & E_ in Penn Hall at J_’s room.  We decided to get a bite to eat.  I donated 10 dollars towards dinner and we left Penn Hall.  While driving we decided to go to Virginia Beach.  After Driving around the Beach we changed our minds and decided to head back to watch the last sienfeld episode.  I volunteered my 10 dollars towards marijuana but did not smoke any prior to being stopped outside Gate 4.  I did not see J_ or E_ smoke marijuana.  This statement is true and correct to the best of my knowledge.”

980515:	Applicant advised of rights and elected to waive the right to an administrative board.  [Extracted from CO’s letter of 980526]

980526:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).  CO’s comments:  ET3 H_ violated the Navy’s Zero Tolerance Policy by possessing marijuana.  He admitted in writing that he and two others purchased marijuana on 980514.  Accordingly, I recommend that ET3 H_ be separated from Naval Service based on misconduct due to drug abuse and that the characterization of service be Under Other Than Honorable Conditions.

980611:	Commander, Naval Base Norfolk, directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

Complete discharge package not contained in service record

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19980612 under other than honorable conditions for misconduct due to drug abuse or possession (A).  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 (B and C).  The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (D).    

Issue 1.  The Applicant states his discharge was based on one isolated incident in “20 months.”  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 possessed illegal drugs.  Your self-admission to illegal drug possession is considered drug abuse according to reference (A).  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.

Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question.  The Board discovered no impropriety after a review of Applicant’s case.  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 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.  Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.  As of this time, the Applicant has not provided any relevant documentation for the Board to consider.  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 documentation to support any claims of post-service accomplishments or any other evidence related 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), 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 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

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

D.  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.

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