Author: CAP
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Docket No. ND02-00407

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

 ex-OSSA, USN
Docket No. ND02-00407

Applicant’s Request

The application for discharge review, received 020225, requested that the characterization of service on the discharge be changed to general/under honorable conditions.  The Applicant requested a documentary record discharge review.  The Applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 021022.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the Applicant’s service.  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 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  To Whom It May Concern:

My name is (Applicant).  I enlisted into the US Navy in 1991 at the age of seventeen.  I had to have both of my parents' signatures.

When I first began my life as a seaman I really enjoyed and liked all that I was learning and the job that I was doing.

Somewhere along the way something happened and I was no longer happy.  My moods became very dark.  Daily, I felt like I was on an emotional roller coaster.  I couldn't concentrate on the important things I needed to learn for my job.  I began not listening to what I was told to do or not to do.  I began misbehaving as you can tell from my conduct record.  The things that I did, had nothing to do with me wanting to do them, I couldn't help myself.

I married while I was in the military and I am now divorced, we have no children.  I have tried to work.  All of my jobs, I have been unable to keep.

My family finally convinced me that there was something medically wrong.  I began going to the free clinic in my town, Health Access.  Health Access has diagnosed me as being Bi-Polar with rapid cycling and panic/anxiety attacks.  I am currently being treated for this with counseling and medication.  I have also moved back in with my mother because I am unable, financially or emotionally, to care for myself.

First off I would like to apologize for my behavior during my time in the US Navy.  I wish it could have been different and I had not been sick.  I would have loved to been able to have my family, especially my father, proud of my time in the navy.  My father courageously served his country and I wish to the good Lord that I could have also.

Due to circumstances beyond my control I was discharged with an OTH discharge.  I am writing in a request to have my discharge up-graded.  I appreciate the effort, attention and time given to my request.

Thank you,

Documentation

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

Copy of DD Form 214 (Member 4 and 1) (2 copies)
Character reference

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	910329 - 910626	COG

Period of Service Under Review:

Date of Enlistment:  910627		Date of Discharge:  950616

Length of Service (years, months, days):

	Active:    03  11  20
	Inactive:  None

Age at Entry:  17			Years Contracted:  4

Education Level:  12			AFQT:  Unknown

Highest Rate:  OS3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.50 (4)	Behavior:  3.65 (4)		OTA:  3.55

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SOSR, NUC, OSR

Days of Unauthorized Absence:  182

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630620.

Chronological Listing of Significant Service Events:

940331:	Retention Warning:  Advised of deficiency (hereby warned that personal relationships between enlisted personnel which are unduly familiar and that do not respect the difference in grade or rank are prohibited.  Prejudice to good order and discipline or discredit to the naval service may result from, but are not limited to, circumstances which --- call into question a senior's objectivity; result in actual or apparent preferential treatment; undermine the authority of a senior; or compromise the chain of command), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

940517:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 1030, 25 Apr 94 to 0315, 16 May 94  (21 days/surrendered), violation of UCMJ, Article 87: Missing ship's movement on 10 May 94, violation of UCMJ, Article 92: Derelict in the performance of duties while attending prevent class between 18 Apr 94 - 20 Apr 94, violation of UCMJ, Article 134: Using indecent language on divers occasions between 18 Apr 94 - 20 Apr 94 while attending prevent class.
	Award: Forfeiture of $511 per month for 1 month, restriction and extra duty for 45 days, reduction to OSSN.  No indication of appeal in the record.

940801:	Applicant to unauthorized absence 0715, 1 Aug 94.

940811:	Applicant missed ship's movement.

950109:	Applicant from unauthorized absence 1113, 9 Jan 95 (161 days/surrendered).

950420:	NJP for violation of UCMJ, Article 112a: Wrongful use, possession of controlled substance on 10 Jan 95, to wit: marijuana.
	Award: Forfeiture of $478.80 per month for 2 months, restriction and extra duty for 45 days, reduction to OSSA.  No indication of appeal in the record.

950426:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to drug abuse as evidenced by service record entries.

950501:	Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

950503:	Applicant declined in-patient treatment due to drug and/or alcohol dependency.

950524:	Commanding Officer, Transient Personnel Unit, Norfolk, VA recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to drug abuse (use).

950606:	BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 950616 under other than honorable conditions for misconduct due to drug abuse (use) (A).  The Board presumed regularity in the conduct of governmental affairs (B).  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).

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 was marred by award of nonjudicial punishment (NJP) on two occasions for illegal drug use and missing ship’s movement.  The Applicant’s conduct, which forms the primary basis for determining the character of service, reflects her willful disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service.  While she may feel that her mental health was a factor that contributed to her actions, the record is devoid of evidence that the Applicant was not responsible for her conduct or that she should not be held accountable for her actions.  An upgrade would be inappropriate.  Relief denied.

The Applicant’s discharge characterization accurately reflects her service to her country.  The discharge was proper and equitable.  Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question.  No such error or injustice occurred during the Applicant’s enlistment.  Additionally, 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 service. 

The Applicant is reminded that she remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of her discharge.  Representation at a personal appearance hearing is recommended but not required.  

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560C), Change 9/94, effective 
22 Jul 94 until 02 Oct 96, Article 3630620, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT DUE TO 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.

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 "afls10.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

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:  A6600/A9301/A9323/A9217/A9223/A9221