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

FOR OFFICIAL USE ONLY

 ex-ETSN, USN  
Docket No. ND05-01322

Applicant’s Request

The application for discharge review was received on 20050809.  The Applicant requests the Discharge 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 designate a representative on the DD Form 293.  

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060316.  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 and reason for 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 attached letter: 

“My discharge from the USN was based on Misconduct stemming from two incidents: (1) Underage drinking offense in August’98, (2) Admission of use of a controlled substance in June ‘01.  I believe that during my enlistment, I suffered from a more serious form of depression characterized at times by a sense of hopelessness and desperation which remained with me throughout my military career and seemed to grow worse with time, especially in the last year of my enlistment.  Although I periodically confessed these symptoms to friends or family, I was not aware that they were serious medical symptoms indicative of clinical depression. Prompted by family, in March of 2003, I voluntarily began seeing a psychologist, Dr. D_ D_, for the period of one year, and Dr. R_ W_, a psychiatrist, whom I continue to see and who prescribed the medication I currently take, used to treat the aforementioned symptoms.  I wish to state that the two disciplinary incidents in my military career were isolated, the former, a “...one time error in judgment.  NOT indicative of his performance,” and the latter—not removing full responsibility—in some form, an attempt to self medicate myself, and above all, both in stark contrast to honorable, nay, an outstanding level of service throughout my naval career as indicated by the enclosed evaluations.  Approximately six months after my discharge from the military I enrolled as a FIT student at Columbia College Chicago and began a career at United Parcel as a means to defray the cost of tuition.  Five years later I have graduated Columbia with honors (3.85/4.0 cumulative GPA), paid for out of pocket, and have advanced to the ranks of management at United Parcel of which my immediate supervisor has recommended my advancement to the level of a F/T Manager/Partner.  In the meantime I have served the community as a DuPage County election judge during the 2004 presidential election and as a Eucharistic Minister at my home parish in Wheaton, IL.  Please take the time to review the enclosed documents that testify to my degree of integrity and consider my petition to have my discharge changed for the stated reasons.  I believe that they show a hardworking young man who, as I can see in a more elevated position years later, having made significant gains in my personal struggle against depression, was doing the best he could at the time.  Thank you for your careful consideration of my case.  Further references may be obtained through the following sources:

Dr. D_ D_, clinical psychologist,	B_ M_, Sort Manager

R_ K_, Professor,	Rev. D_ M_, Pastor

[Address and phone numbers omitted.]

Documentation

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

Good Conduct Award, dtd February 20, 2000
Flag Letter of Commendation, dtd November 1998 to December 1999
NAVNUPWRTRACOM Form 1502/7
Performance Information Memorandum, May 1998
NAVPERS 1336/3
NAVPERS 1070/604
Personnel Qualification Standards
Applicant’s DD Form 214, Member 1
Administration Discharge ltr from Commander Submarine Force, U.S. Pacific Fleet, dtd July 17, 2000
Alliance Clinical Associates, S. C. appointments (5 pages)
Bill Statements from DeMerchant & Associates, P.C.  (7 pages)
Dupage County Precinct General Election Information, dtd November 2, 2004
Columbia College Chicago transcripts  (2 pages)
The Holy Sacrament of Baptism, dtd April 3, 2002
Evaluation Report and Counseling Record, dtd April 17, 1998 to October 30, 1998 (2 pages)
Evaluation Report and Counseling Record, dtd November 01, 1998 to January 15, 1999 (2 pages)
Evaluation Report and Counseling Record, dtd June 16, 1999 to December 10, 1999 (2 pages)
Evaluation Report and Counseling Record, dtd January 16, 1999 to June 15, 1999 (2 pages)
Evaluation Report Counseling Record, dtd December 11, 1999 to June 15, 2000 (2 pages)

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	19970210 – 19970223		COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19970224		Date of Discharge:  20000728

Length of Service (years, months, days):

	Active:    03  05  05  
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:	None
	Confinement:			None

Age at Entry:  17 

Years Contracted:  4 (24 month extension)

Education Level:  12				AFQT:  91

Highest Rate:  ET3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.00* (5) 		Behavior:  3.60* (5) 			OTA:  3.14*

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  Navy “E” Ribbon, Meritorious Unit Commendation, Sea Service Deployment Ribbon, Artic Service Ribbon, Submarine Specialist.

*Extracted from Applicant’s supporting documents.

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

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

Chronological Listing of Significant Service Events: 

980807:	Applicant consented to provide a blood sample for testing.

980807:	Chronological Record of Medical Care:  Applicant admitted to Urgent Care Clinic, Groton CT, for Legal BAL.  Site cleansed with betadine, legal BAL drawn and proper chain of custody maintained with blood and paperwork.

980807:	Applicant’s blood sample tested positive for ethanol, 27.0 mg/dl.  Testing completed in duplicate.

980826:	NJP was held on this date.  (No other information available).  [Extracted from NAVPERS 1070/604].

980826:	Retention Warning:  Advised of deficiency (On 980807, Applicant was involved in an alcohol related incident; apprehended for drinking underage.  A BAC was taken at 4:30 the level was .027% indicating illegal drinking), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

000623:	NJP was held on this date.  (No other information available).  [Extracted from NAVPERS 1070/604].

Service Record contains a partial Administrative Discharge package.  

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20000728 by reason of misconduct due to drug abuse (A) with a service characterization of under other than honorable conditions.  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 Board presumed regularity in the conduct of governmental affairs (D).

Normally, to permit relief, an impropriety or inequity must have existed during the period of enlistment in question.  No such impropriety or inequity is evident during the Applicant’s enlistment.  Regulations require that a Sailor’s characterization of service be based upon the member’s total performance of duty and conduct during the current enlistment.  Furthermore, there are circumstances where conduct or performance of duty reflected by a single adverse incident may form the basis of characterization for a Sailor’s overall service.  The incident need not result in formal punishment to be properly used to characterize a Sailor’s service.  When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable.  An under other than honorable conditions discharge is warranted when a member's conduct involves one or more acts or omissions that constitute a significant departure from the conduct expected of members of the Naval Service.  The Applicant’s service was marred by two nonjudicial punishments, one NAVPERS 1070/613 Counseling/Retention Warning and admitted drug usage.  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.  Such conduct falls far short of that expected of a member of the U.S. military and does not meet the requirements for an upgrade of his characterization of service.  Relief is not warranted.

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 could be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities.  The Board received and considered all of the Applicant’s submissions, including his service record documents, evidence of psychological care, baptismal certificate and school transcripts.  After careful consideration, the Board concluded the Applicant’s post-service achievements are currently insufficient to mitigate his misconduct while in the Naval service.  However, the NDRB does commend the Applicant on his post-service achievements and encourages him to continue his efforts at self-improvement.  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 any additional 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), Change 27, effective 27 March 2000 - 11 Feb 2001, 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, Para 211, Regularity of Government Affairs.

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