The Board s vote was unanimous that the character

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




                                        ex-OS3, USN
                                    Docket No. ND03-01094

Applicant’s Request

The application for discharge review was received on 20030610. 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
listed a Congressman as the representative on the DD Form 293. In the acknowledgment letter,
the Applicant was informed that member of congress or their employees do not normally
represent Applicants before the Board without written authorization. Authorization was not
received; therefore case reviewed without representation.

Decision

A documentary review was conducted in Washington, D.C. on 20040608. After a thorough
review of the available 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.

The NDRB did note administrative error(s) on the original DD Form 214. Block 18, Remarks,
should contain the following statement: "CONTINUOUS HONORABLE ACTIVE DUTY
FROM 93MAY10 UNTIL 97MAR20," The Commander, Naval Personnel Command,
Millington, TN, will be notified, recommending the DD Form 214 be corrected or reissued, as
appropriate.



The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and
Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent
Regulation/Law, Part IV - Information for the Applicant.
INDEX:
Docket No. ND03-01094


                PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1. “I believe my discharge was improper due to no additional investigation into my denial of use
of cocaine”.

2. “I believe my discharge should be reviewed based on my past alcohol related incidents and
my stationing/aftercare”.

3. “I believe my discharge should be reviewed due to my active duty obligation being met to
receive my benefits”.

Documentation

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

    Consent of Release of Personal Records by Executive Agencies dated July 28, 2001
    Letter from BCNR dated February 7, 2002
    Letter from Congressman C___ H. T___ dated November 20, 2001
    Letter from Applicant dated July 26, 2003 (2 pages)
    Resume
    Copy of DD Form 214
    Copy of Enlisted Performance Evaluation Reports (4 pages)
    Copy of Evaluation Report & Counseling Record (12 pages)
    Copy of Enlisted Surface Warfare Specialist Certificate
    Copy of Letter of Commendation
    Copy of Good Conduct Award dated January 19, 1999
    Copy of Outstanding Physical Readiness Award dated July 16, 1998
    Copy of Letter of Appreciation dated January 20, 1994
    Character Reference Letter dated September 1, 1997
    Copy of Certificate of Completion (Petty Officer Indoctrination Course) dated June 1, 1995
    Copy of Graduate Certificate (Multi-Link Operator K-221-0124) dated May 24, 1996
    Copy of Certificate of Completion (OTCIXS/TADIXS Operator Course) dated June 7, 1996
    Copy of Certificate of Completion (Introduction to Total Quality Leadership) dated March 3,
    1998
    Copy of NATO Medal Certificate




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Docket No. ND03-01094


                            PART II - SUMMARY OF SERVICE

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

       Inactive: USNR (DEP)          930226 - 930509        COG
       Active: USN                   930510 - 970320        HON

Period of Service Under Review:

Date of Enlistment: 970321           Date of Discharge: 000525

Length of Service (years, months, days):

       Active: 03 02 04
       Inactive: None

Age at Entry: 18                     Years Contracted: 4

Education Level: 12                  AFQT: 78

Highest Rate: OS2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance: 4.00 (3)         Behavior: 3.33 (3)            OTA: 3.52

Military Decorations: None

Unit/Campaign/Service Awards: NUC, NAVY”E”, GCM, NDSM, AFEM, SSDR (3), NM,
Enlisted ESWS Insignia

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:

970321:        Reenlisted onboard USS TICONDEROGA (CG-47) for 4 years.

000417:        NJP for violation of UCMJ, Article 92: Failure to obey a written regulation,
               violation of UCMJ, Article 112: Drunk on duty, violation of UCMJ, Article 112a:
               Wrongful use, possession, etc, of controlled substance.


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Docket No. ND03-01094

            Award: Forfeiture of $778.00 pay per month for 2 month (1 month suspended),
            restriction for 30 days, reduction to E-4. No indication of appeal in the record.

NO DISCHARGE PACKAGE AVAILABLE.




                                             4
Docket No. ND03-01094


  PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20000525 under other than honorable conditions for
misconduct due to drug abuse (A). In the absence of a Discharge Package, the Board presumed
regularity in the conduct of governmental affairs (B) and, after a thorough review of the records,
supporting documents, facts, and circumstances unique to this case, found that the discharge was
proper and equitable (C and D).

Issues 1-2. 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.

Issue 3. The Veterans Administration determines eligibility for post-service benefits not the Navy
Discharge Review Board. There is no requirement or law that grants recharacterization solely on
the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon
which the Board can grant relief. Additionally, the Board has no authority to upgrade a discharge
for the sole purpose of enhancing employment or educational opportunities. Regulations limit
the Board’s review to a determination on the propriety and equity of the discharge. 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 other evidence
related 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), Change 27, effective 27 March
2000 - 11 Feb 2001, Article 1910-146 (formerly 3630620), Separation by Reason of Misconduct
- Drug Abuse.

B. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review,
1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE
REVIEW.

C. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review,
1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review,
1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.


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Docket No. ND03-01094




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Docket No. ND03-01094


                    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
"afls14.jag.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:

               Naval Council of Personnel Boards
               Attn: Naval Discharge Review Board
               720 Kennon Street SE Rm 309
               Washington Navy Yard DC 20374-5023




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Docket No. ND03-01094




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