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

FOR OFFICIAL USE ONLY

ex-MSSN, USN
Docket No. ND06-00688

Applicant’s Request

The application for discharge review was received on 20060410.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable.  The Applicant requests a personal appearance hearing before the Board in the Washington, D.C. Metropolitan area.  The Applicant did not designate a representative on the DD Form 293.  Subsequent to the application, the Applicant requested a documentary record discharge review in lieu of a personal appearance hearing,

Decision

A documentary discharge review was conducted in Washington, D.C. on 20070208.  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 characterization 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 and attached document/letter:

“Department of the U.S. Navy,

I am submitting my case to correct the wrong I have done.  I am asking for an Honorable discharge with an upgraded reenlistment code in hopes that I may have the privilege in serving my country in some way.  The grounds on which I hope the Navy can make an exception is this, I served four years, received four medals (one of which is a good conduct medal), received a Letter of Commendation from an Admiral, received four outstanding evals, I was elected as Junior Sailor of the Quarter as an E-2.  I consistently took on responsibilities above my paygrade.  I was the first E-4 ever to receive my CHS degree with Naval Magazine BEQ.  Until my mistake I maintained an eval average of 4.0 and never earned less than a must promote.  I was a leader.  The achievements I made are proof of my potential.

Since being discharged from the Navy, I’ve struggled to find meaning and purpose in my life, something the Navy gave me.  I did become very successful in sales because of the good work ethic the Navy instilled in me.  I was the top salesman in the company.  But I felt I still had no purpose.  I didn’t start to understand what life was really all about until I started working at Serenity Lodge.  I spend my time helping people with the same problem I had.  I’ve become very involved in the community and touched many lives.  That’s when I realized that life is about being of maximum service to others instead of myself, and there’s no greater honor than to serve God and country.  I hope you will carefully consider my request and all the documents I’ve submitted.

Sincerely,
[signed]
C_ S. F_ III(Applicant)”

Documentation

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

Applicant’s DD Form 214 (Service 2) (3 copies)
Evaluation Report and Counseling Record for period July 31, 1999 to July 15, 2000
Evaluation Report and Counseling Record period July 16, 2000 to February 28, 2001
Evaluation Report and Counseling Record period May 4, 2001 to February 15, 2002
Evaluation Report and Counseling Record period February 16, 2002 to June 15, 2002
Character Reference ltr from D_ J. M_, dtd March 28, 2006
Character Reference ltr from T_ J. K_ Jr., undated (2 pages)
Character Reference ltr from C_ S_, dtd March 16, 2006
Character Reference ltr from D_ C_, dtd March 28, 2006
Eighty-two pages from Applicant’s service record

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	19990216 - 19999223	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19990224		Date of Discharge:  20030305

Length of Service (years, months, days):

	Active:    04  00  10
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  18

Years Contracted:  4

Education Level:  11				AFQT:  56

Highest Rate:  MS3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.80 (5)			Behavior:  3.60 (5)		OTA: 3.61

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  Good Conduct Medal, Armed Forces Expeditionary Medal, Expert Pistol Shot Medal, Flag Letter of Commendation, National Defense Service Medal.

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: 

990216:	Pre-service waiver for possession of marijuana and petty theft granted.

021031:	NAVDRUGLAB, San Diego, CA, reported Applicant’s urine sample, received 021029, tested positive for cocaine and THC.

0211XX:	Applicant received inpatient treatment.  [No further information found in records.  Extracted from Commanding Officer’s letter dated 030203.]

0212XX:	Applicant transitioned to outpatient treatment.  [No further information found in records.  Extracted from Commanding Officer’s letter dated 030203.]

021212:	NJP for violation of UCMJ, Article 86:  Absence without leave.
Specification: In that Mess Management Specialist Third Class C_ S. F_(Applicant), U.S. Navy, Naval Magazine Pearl Harbor, Hawaii, on active duty, did, on the island of Oahu, Hawaii, on 021016, without authority absent himself from his place of duty at which he was required to be, to wit: Bachelor Enlisted Quarters, located at the West Loch Branch of Naval Magazine Pearl Harbor, and did remain so absent until 021017.
Violation of UCMJ, Article 112a: Wrongful use of a controlled substance.
Specification: In that Mess Management Specialist Third Class C_ S. F_, U.S. Navy, Naval Magazine Pearl Harbor, Hawaii, on active duty, did, on the island of Oahu, Hawaii, on or about 020925, wrongful use cocaine.
	Award:  Forfeiture of $734.00 per month for 2 months, restriction for 30 days, reduction to E-3.  No indication of appeal in the record.

030124:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable by reason of misconduct - wrongful possession and use of controlled substance.

030124:	Applicant advised of rights and having consulted with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

030203:	Commanding Officer, Naval Magazine Pearl Harbor, recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.  Commanding Officer’s comments:  “The command and the US Navy have provided MSSN F_(Applicant) with the education and training on the dangers and consequences of drug abuse.  Despite this training, MSSN F_ chose to violate the Navy’s policy and abused controlled substances as evidenced by the positive results of the command urinalysis conducted on 020925 and the CO directed urinalysis conducted 021024.  His illegal use of a controlled substance compromised the trust the command placed in him and demonstrated a serious lack of responsibility and reliability.  This disregard for the Navy’s Zero Tolerance Policy is not representative of personnel the Navy should retain.  Accordingly, I recommend MSSN F_ be discharged under Other Than Honorable conditions.”

030205:	Commander, Navy Region Hawaii, 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 20030305 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 Board presumed regularity in the conduct of governmental affairs (E).

The Applicant requests upgrade of his discharge to honorable.  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 Applicant’s service record is marred by award of nonjudicial punishment (NJP) for illegal drug use, thus substantiating the misconduct for which he was separated.  Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.  In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considers his discharge proper and equitable.  Relief denied.

The Applicant requests an upgrade of his reenlistment code.  Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code.  An unfavorable “RE” code is, in itself, not a bar to reenlistment.  A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

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 (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.

E.  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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction.  You should read Enclosure (5) of the Instruction 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 Instruction 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