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

 
 ex-PNSA, USN
Docket No. ND04-01382

Applicant’s Request

The application for discharge review was received on 20040902.  The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions.  The Applicant requests a documentary record review.  The Applicant did not list any representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20050412.  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/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “To the Board

My name is C_ M_ (Applicant).  I served in the Navy for four and a half years.  I have been out the military for 11 months and everyday for them past months I dwelled on what I did.  I regretted what I have done and wish none of this ever happened.  One dumb mistake that I’ve made effected a big part of my life.  Since I’ve been out, I have been keeping my self-occupied in work and various activities.  I serve now as a correction officer now in Effingham S.C.  I love my job and I do it to my best knowledge and capability.  Honor, courage, commitment is what the navy taught me and I promise my self that I am going to stay true to them words.
I am also an active member at my church.  I am on the senior usher board now.  God has opened my eyes and my heart.  When I first got home I was scared and confused.  I did not know were to turn.  The navy was all I knew.  I went in the navy straight out of high school, so it was very difficult to adapt to the civilian life.  I use to cry at night saying to my self why me, every thing was going good until I made that bad decision.  That was a lesson learned.  Now that turn my life to God, I am living a better life.  I am true to my self and I do all I can to help others.  I am always in the neiborhood talking to the kids about staying out of trouble and bad influences.  They look up to me and I just can't see them make the same mistakes that I did.  I have learned my lesson and it did made a better man.  I lost a lot of things; 4 1/2 years of my life down the drain because of a careless mistake.  

To the board, I have been doing all my best to make up for my mistakes.  I have change my life around.  I have a good job and great plans for my future.  Please consider to up grade my discharge so that I can continue my plans in life and hopefully get back into the military.  

Thank you for your time,
C_ A. M_ (Applicant)”

Documentation

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

Applicant’s DD Form 214  (Member 4)
Letter of reference from Lt. B_ R_, dated August 10, 2004
Letter of reference from D_ L. J_, dated July 25, 2004
Letter of reference from M_ B_, dated August 01, 2004

PART II - SUMMARY OF SERVICE

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

	Active:   USA			980710 – 980918	ELS
	Inactive: USNR (DEP)	981211 - 990110	COG
	Active:   USN			990111 - 030728	HON

Period of Service Under Review:

Date of Enlistment:  030729		Date of Discharge:  031001

Length of Service (years, months, days):

	Active:    00  02  02
	Inactive:  None

Age at Entry:  23			Years Contracted:  2

Education Level:  12			AFQT:  42

Highest Rate:  PNSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.00 (1)		Behavior:  1.00 (1)		OTA:  2.17

Military Decorations:  None

Unit/Campaign/Service Awards:  OSR, SSDR(2), NDSM

Days of Unauthorized Absence:  None

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  NAVMILPERSMAN, Article 1910-146, formerly 3630620.

Chronological Listing of Significant Service Events:

030729:	Applicant reenlisted into the Navy for 2 years.

030911:	NJP for violation of UCMJ, Article 112a:  Wrongful use of a controlled substance.
Award:  Forfeiture of $764.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2.  No indication of appeal in the record.  [Extracted from Evaluation Report & Counseling Record from 03JUL16 to 03OCT01]

031001:	DD Form 214:  Applicant discharged under other than honorable conditions by reason of misconduct due to drug abuse, authority:  NAVMILPERSMAN, Article 1910-146, formerly Article 3630620.

Discharge package missing from service record

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20031001 under other than honorable conditions for misconduct due to drug abuse (A).  After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C).  The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (D).

Issue 1:  A characterization of service of under other than honorable conditions is warranted when the member's conduct constitutes a significant departure from that expected of a sailor.  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.  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 NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy.  Reenlistment policy of the naval service is promulgated by the Commander, Navy Recruiting Command, 5722 Integrity Drive, Bldg 784, Millington, TN 38054.  Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment.  A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

The following is provided for the edification of the Applicant.  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 the naval service.  The NDRB is authorized, however, 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.  Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, certification of non-involvement with civil authorities, and proof of a drug-free lifestyle.  The Applicant’s evidence of post-service conduct was found not to mitigate his misconduct sufficient to warrant an upgrade to his discharge.   

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 additional documentation to support any claims of post-service accomplishments or any other evidence relating to his 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), re-issued October 2002, effective 22 Aug 2002 until Present, 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, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.
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