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

FOR OFFICIAL USE ONLY

ex-DPSA, USN
Docket No. ND06-00510

Applicant’s Request

The application for discharge review was received on 20050727.  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 20061214.  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 respectfully request to have my other than honorable discharge upgraded to honorable.  My reasoning behind this is because I feel that the administrative review board that I appeared before had an extreme bias toward me.  They took into no consideration any of my accomplishments or conduct prior to this incident.  I feel all they wanted to do was make an example out of me.  If you look at the information available in my record you will see that all who know me believe it was an isolated incident, indeed it was.
I truly love the Navy, I appreciate all its done for me.  It has made me a better man, given my direction, and made me appreciate everything.  I realize the Navy has a 0 tolerance stand on drug issues, I understand that, and respect that.  On the other hand I feel there a few instances and I stress the word few, where the Navy makes mistakes on quality Sailors!  I am deeply sorry for the whole situation, I am embarrassed by my actions, and if ever put in a situation like that again would take the other path.  The original path that I set out as a young kid, to hold my head high and be a Unites States of America Navy Sailor.
I appreciate you time, thank you for reviewing my case, all I ask is that you look at the information and make an unbiased decision on my behalf.”

Documentation

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

Applicant’s DD Form 214 (Member 1 and 4)

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	19910620 - 19920616	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19920617		Date of Discharge:  19931214

Length of Service (years, months, days):

	Active:    01  05  28
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  17 (Parental Consent)

Years Contracted:  4

Education Level:  12				AFQT:  65

Highest Rate:  DPSA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  4.0 (1)		Behavior:  3.2 (1)		OTA:  3.80

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  National Defense Service Medal

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MILPERSMAN, Article 3630620.

Chronological Listing of Significant Service Events: 

920513:	Pre-service waiver for alcohol abuse granted.

920616:	Pre-service waiver for two non-minor misdemeanors (theft x 2) granted.

920708:	Administrative Remarks NAVPERS 1070/613.  Applicant not qualified for guaranteed assignment to SH “A” School due to undisclosed theft charges.  Applicant counseled and elected assignment to DP “A” School.

930803:	Applicant’s statement to NCIS, admitting use of LSD.

930923:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service as other than honorable by reason of misconduct due to drug abuse as evidenced by your sworn statement dated 930803, in which you admitted to using illegal drugs.

930923:	Applicant advised of rights and having consulted with counsel, elected to appear before an Administrative Discharge Board.

931001:	Recommendation for the Applicant’s advancement to DPSN withdrawn this date due to disciplinary action.

931021:	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 as evidenced by his sworn statement dated 930803, in which he admitted to using illegal drugs, that such misconduct warranted separation, and recommended discharge under other than honorable conditions.

931029:	Applicant found medically qualified for separation.

931118:	Commanding Officer, Naval Station, Pearl Harbor, HI, recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidence by his sworn statement dated 930803.  Commanding Officer’s comments:  “DPSA E_(Applicant) is not recommended for reenlistment.  After review of the Administrative Board proceedings, I agree with the Board’s recommendation for separation.  Because the use of drugs is so adverse to the U.S. Navy and its policy, I agree with the characterization of discharge as Other Than Honorable.”

931203:	BUPERS, directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

931209:	Medical evaluation at Branch Medical Clinic, Treasure Island, San Francisco, CA.
	19 year old Caucasian male here for CAAC screen.
	S: 19 year old single white male with 1 year 5 months C.A.D. USN referral from NAVSTA T.I.  Pt(Applicant) has already completed Admin and medical processing for OTH administrative separation. Pt was interviewed and admitted to buying/using LSD.  Health Record, service record and DAPA work sheet reviewed.  Prior to naval service alcohol related arrests.
	A/I: 1) Previous history of alcohol abuse before entry into the Navy.
	2) Illicit drug use (isolated experimental use)
	3) Moderate risk for future alcohol abuse, not psychologically or physiologically dependent at the time.
	P: 1) Pt is ineligible for level I, II, III alcohol/drug treatment.  He feels that although he is amenable that it is not likely to be beneficial for him.
	2) Pt advised of various civilian organization such as AA, ALON, social worker.
	3) Return to TPU.  No further work-up is indicated at this time.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19931214 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).  

In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge proper and equitable.  Specifically, Applicant alleged that the Administrative Discharge Board that he appeared before had an “extreme bias” towards him resulting in his other than honorable discharge.  The record, however, contains no evidence of any wrongdoing by the Administrative Discharge Board or anyone else for that matter in the discharge process.  In the Applicant’s case, the Board could discern no impropriety or inequity and therefore consider his discharge proper and equitable.  Relief denied.
 
There is credible evidence in the record that the Applicant used illegal drugs.  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.  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 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.  Navy Military Personnel Manual, (NAVPERS 15560C), Change 5/93, effective 
05 Mar 93 until 21 Jul 94, Article 3630620, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT DUE TO 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, possession, etc, of controlled substances).

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