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

FOR OFFICIAL USE ONLY

ex-AMAA, USN
Docket No. ND06-00574

Applicant’s Request

The application for discharge review was received on 20060316.  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 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 - ISSUES AND DOCUMENTATION

Decisional Issues:

Equity: Naturalization

Equity: Post service

Documentation:

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

Applicant’s DD Form 214  (Member 4) and (Member 1)
Employment Verification, R. S_ A_, Benefits Representative, John C. Lincoln Health Network Deer Valley, dtd March 15, 2006
Citation from USS KITTY HAWK (CV 63), dtd from March to June 2001
Applicant’s Marriage Certificate, November 12, 2005
Certificate of completion from Family Service Center, dtd January 30 through February 2, 2001
Applicant’s Marriage License, November 12, 2005
Applicant’s Arizona Driving License, Applicant’s Resident Alien Card, Applicant’s Social Security Card

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	19990706 – 20000710		ELS

Period of Service Under Review:

Date of Enlistment:  20000803		Date of Discharge:  20020125

Length of Service (years, months, days):

	Active:    01  05  23  
	Inactive:  None

Time Lost During This Period (days):  

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  18 

Years Contracted:  4 

Education Level:  12				AFQT:  45

Highest Rate:  AN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NA*		Behavior:  NA*		OTA:  NA*

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  Sea Service Development Ribbon, Navy and Marine Corps Overseas Service Ribbon.

* Not Available

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: 

010927:	NJP for violation of UCMJ, Article 92:  Disobey a lawful General Order.
	Specification:  Failure to obey a lawful order or regulation that member was not to the confinements of NAF Atsugi, Japan due to the High Conditions of Readiness.
	Award:  Forfeiture of $584.55 pay per month for 2 months, restriction for 60 days, reduction to E-2.  No indication of appeal in the record.

011002:	NAVDRUGLAB, San Diego, CA, reported Applicant’s urine sample, received 010924, tested positive for Methamphetamine.

011016:	NJP for violation of UCMJ, Article 112a:  Wrongful use of controlled substance.
	Award:  Forfeiture of $584.55 pay per month for 2 months, restriction for 60 days, reduction to E-1 (suspended for 6 months).  No indication of appeal in the record.

011118:	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 drug abuse and misconduct due to pattern of misconduct.  

011126:	Applicant was found qualified for separation.

011128:	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.

011210:	Commanding Officer, Strike Fighter Squadron TWO SEVEN, recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse and misconduct due to pattern of misconduct.  Commanding Officer’s comments:  “I strongly recommend immediate separation under Other Than Honorable conditions.  AA S_ (Applicant) has shown a pattern of misconduct that has resulted in two NJPs and a Squadron Disciplinary Review Board.  He has willfully disobeyed direct orders that restricted his movement and prohibited the use of illegal drugs.  AA S_’s lack of core values and his total disregard for authority during his brief tour in my command, does not merit further retention.”

011221:	COMNAVPERSCOM 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 20020125 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 records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C). 

Equity – Naturalization: 

There is no requirement or law that grants recharacterization solely on the issue of obtaining citizenship.  Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.  Since this issue does not serve to provide a foundation upon which the Board can grant relief, relief on this basis is not warranted.

Equity – Post service:

While 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 service, the Board 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.  Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge.  The Applicant submitted an employment verification letter for consideration.  The Applicant’s efforts need to be more encompassing to include evidence of continuing educational pursuits, verifiable employment records, documented community service, certification of non-involvement with civil authorities, and credible evidence of a substance free lifestyle.  At this time, there is not sufficient documentation of post service character and conduct to mitigate the misconduct that resulted in the characterization of discharge.  And so, no relief is granted on this basis.

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 post-service accomplishments or any other evidence related to the 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 33, effective 16 Jul 2001 until 21 Aug 2002, 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.

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