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

FOR OFFICIAL USE ONLY

ex-AA, USN
Docket No. ND06-00844

Applicant’s Request

The application for discharge review was received on 20060612.  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 20070308.  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.

The NDRB did note administrative error(s) on the original DD Form 214.  Block 29, Dates of Time Lost During This Period, should read:  “97 Sept 22 until 97 Sept 24 (2); 97 Nov 20 until 97 Dec 31 (41).”  The Commander, Navy Personnel Command, Millington, TN, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.

PART I - ISSUES AND DOCUMENTATION

Decisional Issues:

The Applicant did not submit any decisional issues.

Documentation

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

Applicant’s DD Form 214 (Service Member 2)
Ltr from Board For Correction of Naval Records, dtd August 16, 2005
Ltr from Board For Correction of Naval Records, dtd April 28, 2006

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	19961015 - 19970217	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19970218		Date of Discharge:  19971231

Length of Service (years, months, days):

	Active:    00  10  14  
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  43 days
	Confinement:		  None

Age at Entry:  18 

Years Contracted:  4 

Education Level:  12				AFQT:  63

Highest Rate:  AA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NOB (1) 		Behavior:  2.0 (1) 			OTA:  2.00 

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  Sharpshooter Rifle 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: 

970922:	Applicant went UA from NATTC PENSACOLA FL this date.

970924:	Applicant surrendered onboard NATTC PENSACOLA FL this date.

970925:	NJP for violation of UCMJ, Article 86 (2 Specs): Unauthorized Absence.
Violation of UCMJ, Article 112a:  Wrongful use of a controlled substance.
	Award:  Forfeiture of $450.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction in rank.  No indication of appeal in the record.

971027:	Medical care at the Alcohol Treatment Facility, Pensacola FL by J_ M, M.D.:  There is a DSM-IV pattern of ETOH and Cannabis abuse.
	O:  No distress.  CIWA=0
	A:  ETOH dependence
	P:  Abstain from ETOH
	     Abstain from CANNABIS
	     IOP treatment at IOF.

971117:	Drug and Alcohol Abuse Report:  Applicant abused marijuana ashore-off duty on 970923, method of identification was during a unit sweep.  Applicant was screened by CAAC and was found amenable and eligible for Level II treatment.  Medical Officer’s evaluation found that the applicant was not dependent and was found amendable and eligible for Level II treatment.  Commanding Officer processed Applicant with NJP and separation from service not VIA VA hospital.
	This incident positive urinalysis for THC.  He (Applicant) meets the criteria for drug abuse and alcohol dependence.  He has refused treatment.   SNM (Applicant) has not potential for further useful service.  Recommend handle I.A.W. 5350.4B.   

971120:	Applicant UA from NATTC Pensacola, FL this date.

971231:	Applicant discharged in absentia this date.  DD Form 214: Applicant discharged under other than honorable conditions by reasons of misconduct due to drug abuse.

	Service Record contains a partial Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19971231 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 presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (E).

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

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 significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record.  The Applicant’s service was marred by a nonjudicial punishment proceeding for violation of Article 112a of the UCMJ.  Violation of UCMJ Article 112a is considered a serious offense, for which a punitive discharge is warranted if adjudged by a special or general court-martial.   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 and falls far short of that required for an upgrade of his characterization of service.  Relief is not warranted.

There is credible evidence in the record that the Applicant used illegal drugs.  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.  The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 Dec 97 to 19 May 99, 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, (wrongful use, possession, etc., 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