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Docket No. ND04-00616

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

ex-GMMSR, USN
Docket No. ND04-00616

Applicant’s Request

The application for discharge review was received on 20040303.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  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 20041001.  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 4 to 1 that the character of the discharge shall not change.  The discharge shall remain:  GENERAL (UNDER HONORABLE CONDITIONS)/FRAUDULENT ENTRY INTO MILITARY SERVICE, DRUG ABUSE, authority: NAVMILPERSMAN, Article 3630100.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “Dear Sir or Madam,

My name is M_ J_ and I am a former veteran of the U.S. Navy.  Unfortunately I was discharged with a General Under Honorable Conditions discharge.  At that time in my life I was very immature and careless.  I was sent to Captain’s Mast for being UA and I used alcohol while being underage.  I refused to go through the DAPA program and was released of duty for refusing treatment.  At that time I thought it was not right for me to go through treatment for alcohol abuse for only the small amount of alcohol I drank.  Now that I am older, very mature, and much wiser, I realize that I disobeyed a direct order.  If I could do it all over again I would have gone through the treatment with no question.  Since then I have worked hard, had a son, and have received an Associates degree in Computer Technology.  The values that I learned in the Navy are still with me and I use them everyday.  That time in my life made me a better person than I would have been if I had not joined the Navy.  Unfortunately, there is one stain in my life that is a hindrance to me excelling further and that is the General Under Honorable conditions discharge and the reasons why I was released on my records.  At this time I would like to request an upgrade to Honorable discharge.  This would be greatly appreciated if the upgrade were granted to me.  This would help me to reach the goals that I have set in front of me.  Thank you for your time in reading this letter and please consider my request.”

Documentation

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

None	

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	940713 - 950705	COG
	Active:   USN 			None

Period of Service Under Review:

Date of Enlistment:  950706		Date of Discharge:  970430

Length of Service (years, months, days):

	Active:    01  09  08  (Excludes lost time)
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  61

Highest Rate:  GMMSA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMA*		Behavior:  1.00 (1)		OTA:  1.00

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

Days of Unauthorized Absence:  14

*No Marks Assigned

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

GENERAL (UNDER HONORABLE CONDITIONS)/FRAUDULENT ENTRY INTO MILITARY SERVICE, DRUG ABUSE, authority:  NAVMILPERSMAN, Article 3630100.

Chronological Listing of Significant Service Events:

940713:	Application for Enlistment (DD Form 1966):  Applicant failed to disclose pre-service drug abuse.

970320:	NJP for violation of UCMJ, Article 86:  Unauthorized Absence on or about 18 February 1997 until on or about 5 March 1997.
	Award:  Forfeiture of $210.00 per month for 1 months, restriction and extra duty for 14 days, reduction to E-1.  No indication of appeal in the record.

970320:	Retention Warning:  Advised of deficiency (Unauthorized Absence), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 	

970331:	Medical evaluation:  Due to this patient’s severe personality disorder which interferes with the performance of duty as evidenced by recent misconduct and OIC MAST, substance abuse and suicide attempt; he is felt to be unsuitable for military service and a continuing risk to self-harm.  Efforts have been made to ameliorate this gentleman’s problems including outpatient mental health contacts, antidepressant medication and referral for substance abuse treatment.  He has been noncompliant with these and expresses a complete lack of motivation for further Naval service.  Therefore, it is recommended that expeditious Administrative Separation be undertaken at the earliest practical time.

970331:	Applicant notified of intended recommendation for discharge with a least favorable characterization of general (under honorable conditions by reason of defective enlistment and induction due to personality disorder and fraudulent entry, drug abuse, as evidenced by your chronological record of medical care.

970331:	Applicant advised of his rights, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

970417:	Commanding Officer directed Applicant’s discharge with a general (under honorable conditions) by reason of personality disorder and defective enlistment and induction due to fraudulent entry into the military service, drug abuse.  Commanding Officer’s comments (verbatim):  “On 20 March 1997, GMMSR J_ was admitted to the Mental Health Unit, Naval Hospital, Great Lakes, for overdosing on paxil.  GMMSR J_’s personality disorder has resulted in suicidal gesture and alcohol abuse.  During the course of the psychological evaluation GMMSR J_ also admitted to prior psychiatric treatment and illicit drug use which he failed to disclose upon enlistment.”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19970430 with a general (under honorable conditions) by reason of defective enlistment and induction due to fraudulent entry into the military service, drug abuse (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:  Normally, to permit relief, an impropriety or inequity must have occurred during the discharge process for the period of enlistment in question.  The Board discovered no impropriety or inequity after a review of Applicant’s case.  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 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, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.  As of this time, the Applicant has not provided any documentation for the Board to consider.  Relief denied.

The Applicant also desires that the Narrative reason for Separation be changed.  The Applicant was separated by reason of defective enlistment and induction due to fraudulent entry into the military service, drug abuse for failure to disclose pre-service drug use.  No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged.  Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.  In the Applicant’s case, the Board could discern no impropriety or inequity and therefore consider his discharge proper and equitable.  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.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective 03 Oct 96 until 11 Dec 97, Article 3630100, SEPARATION OF ENLISTED PERSONNEL BY REASON OF DEFECTIVE ENLISTMENTS AND INDUCTIONS - FRAUDULENT ENTRY INTO THE NAVAL SERVICE.

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 "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

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.