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

FOR OFFICIAL USE ONLY

    ex-OS3, USN
Docket No. ND05-01172

Applicant’s Request

The application for discharge review was received on 20050706.  The Applicant requests the Discharge 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 designate a representative on the DD Form 293.  

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060119.  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 by reason of misconduct due to drug abuse.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application: 

“I served seven straight years without any trouble, besides the one incident, I was awarding 2 good conduct metals, advanced rapidly, supervised honorably, two sea services, etc.

I was a great sailor that never looked at the military in a bad way ever, but as a stepping stone for who I am now.  I am a father of two that does everything in his power to make this country a better place.  I do not have insurance & sometimes that scares me, especially because I was injected w/ anthrax by the government, I am as healthy as I can be.  I just want the long run benefits as I feel I diserve.

*I received an honorable discharge in 1999.  A_ P_ (Applicant)  TX”

Documentation

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

Applicant’s Personnel Qualification Standards (PQS) (page 4)
Certificate for Honorably Discharge from the United States Navy, dtd November 6, 1999
Ltr from Captain J. D. K_, United States Navy, dtd November 6, 1999
Applicant’s DD Form 214  (Member 4)

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):
	Inactive:  USNR (DEP)	19951025 – 19951107		COG
	Active:    USN			19951108 – 19991105		HON

Period of Service Under Review:

Date of Enlistment:  19991106		Date of Discharge:  20021120

Length of Service (years, months, days):

	Active:    03  00  14
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  18 

Years Contracted:  4 (6 months extension)

Education Level:  12				AFQT:  41

Highest Rate:  OS2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance: 3.6(4) 		Behavior:  3.0 (4) 		OTA:  3.2

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  National Defense Service Medal (2), Sea Service Deployment Ribbons (2), Navy “E” Ribbon (2), Armed Forces Expeditionary Medal, Good Conduct Medal (2), Coast Guard Meritorious Unit Commendation.

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MILPERSMAN, Article 1910-146, formerly 3630620.

Chronological Listing of Significant Service Events: 

991106:	Reenlisted this date for a term of 4 years. 

Unknown:	NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance.
	[Extracted from Commanding Officer, Fleet Combat Training Center Ltr, dtd November 27, 2002
	
021015:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of misconduct due to commission of serious offense and misconduct due to drug abuse.

021015:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

021106:	Commanding Officer, Fleet Combat Training Center, Pacific, authorized the Officer in Charge, PSD Point Loma, that the Applicant will be discharged under other than honorable conditions by reason of drug abuse.

021127:	Commanding Officer, Fleet Combat Training Center, Pacific, recommended to Chief of Naval Personnel, that the Applicant be discharged under other than honorable conditions by reason of drug abuse; misconduct – commission of a serious offense.

Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20021120 by reason of misconduct due to drug abuse (A and B) with a service characterization of under other than honorable conditions.  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). 

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 used illegal drugs.  This evidence of drug abuse warranted processing for separation normally under other than honorable conditions. The Board found that the Applicant’s service was marred by 1 NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance. The Applicant’s prior honorable service, prior proficiency and conduct markings, service awards, and overall service record do not mitigate his use of illegal drugs and no other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service.  Relief is not warranted.          

The Applicant states that he deserves his service benefits. The NDRB advises the Applicant that the Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board.  There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.  Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.  

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 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 sufficient post-service documentation for the Board to consider.  

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 additional evidence related to this 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.  The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 112a Wrongful use of a controlled substance. 

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