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

FOR OFFICIAL USE ONLY

ex-SR, USN
Docket No. ND06-00648

Applicant’s Request

The application for discharge review was received on 20060417.  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 20070118.  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 – Irresponsible and immature

Equity – Post service

Documentation

In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:

Character Reference ltr from R_ G_, Biology Department, Walla Walla College, dated February 16, 2006
Character Reference ltr from S_ M_, Chem Dry Franchise Owners, dated March 8, 2006
Certificate of Training of C.D.F. Firefighter I - Basic, dated April 23, 2004
Certificate of Training of Hazardous Materials Course, First Responder Awareness/Operations, dated March 14, 2004
Applicant’s transcript, printed March 7, 2006 (2 pages)
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)	19991006 - 20000103	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20000104		Date of Discharge:  20011101

Length of Service (years, months, days):

	Active:    01  09  28
	Inactive:  None

Time Lost During This Period (days):  

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  19

Years Contracted:  4 (12-month extension)

Education Level:  12				AFQT:  56

Highest Rate:  SA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.0 (1)		Behavior:  1.0 (1)		OTA:  1.33

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  None

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: 

991006:	Applicant briefed on Navy's policy of drug and alcohol abuse.

000828:	NJP for violation of UCMJ, Article 111: Driving under the influence.
Violation of UCMJ, Article 134: False drivers license, drinking underage.
	Award:  Forfeiture of $465.00 per month for 2 months, restriction and extra duty for 45 days. Forfeiture of $200.00 for 2 months suspended for 6 months.  No indication of appeal in the record.

000828:	Retention Warning:  Advised of deficiency (DUI, drinking underage.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

010223:	Forfeiture of pay awarded at NJP on 000828 vacated due to continued misconduct.

010223:	NJP for violation of UCMJ, Article 86:  Unauthorized absence.
Violation of UCMJ, Article 107: False official statement.
Violation of UCMJ, Article 128: Assault.
Violation of UCMJ, Article 134: Consuming alcohol as a minor.
	Award:  Forfeiture of $521.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1.  Forfeiture of $50.00 for 2 months and restriction and extra duty for 10 days suspended for 6 months.  No indication of appeal in the record.

010620:	NJP for violation of UCMJ, Article 86: Unauthorized absence.
Violation of UCMJ, Article 89: Disrespect towards a commissioned officer.
Violation of UCMJ, Article 92: Failure to obey a lawful written order.
Violation of UCMJ, Article 107: False official statement.
Violation of UCMJ, Article 134: Consuming alcohol as a minor.
	Award:  Forfeiture of $521.00 per month for 2 months, correctional custody for 30 days.  No indication of appeal in the record.

010711:	NAVDRUGLAB, San Diego, CA, reported Applicant’s urine sample, received 010706, tested positive for THC.

010906:	NJP for violation of UCMJ, Article 92: Failure to obey other lawful order.
Violation of UCMJ, Article 134: Disorderly conduct, drunkenness.
	Award:  Forfeiture of 7 days pay for 1 month, restriction for 7 days.  Forfeiture suspended for 6 months.  No indication of appeal in the record.

010928:	NJP for violation of UCMJ, Article 112A: Wrongful use of a controlled substance.
	Award:  Forfeiture of $521.00 per month for 2 months, restriction and extra duty for 45 days.  No indication of appeal in the record.

010928:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable by reason of misconduct - drug abuse and misconduct - pattern of misconduct.

010928:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.

011004:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct-drug abuse and misconduct-pattern of misconduct.

011023:	NJP for violation of UCMJ, Article 92: Failure to obey other lawful order.
	Award:  Forfeiture of 7 days pay for 1 month, restriction and extra duty for 14 days.  No indication of appeal in the record.

011024:	COMCARGRU SEVEN 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 20011101 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).  The Board presumed regularity in the conduct of governmental affairs (D).

Equity – Irresponsible, immature, and family issues.  The Applicant contends that his discharge was inequitable because of his youth, immaturity and stress brought on by his guardian’s ill health.  The Board recognizes that serving in the U.S. Navy is challenging.  Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country.  Most servicemembers begin their service at a relatively young age.  It must be noted that despite their relative youth, immaturity and similar family circumstances, the vast majority of these members still serve honorably and therefore earn their honorable discharges.  In fairness to those members, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due.  After a thorough review, the Applicant’s records did not show that he was not responsible for his conduct and therefore should not be held accountable.  The Board concluded that his service was equitably characterized.  Relief on this basis is denied.

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 transcripts, completion certificates and an employer reference for consideration.  The Applicant’s efforts need to be more encompassing to include evidence of 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 is advised that the Board has no jurisdiction over reenlistment, reentry, or reinstatement into any of the Armed Forces.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.  A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.  Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.  Since these issues do not provide a foundation upon which the Board can grant relief, relief on this basis is not warranted.

The Applicant introduced no decisional issues for consideration by the Board.
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.

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