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NAVY | DRB | 1999_Navy | ND99-00021
Original file (ND99-00021.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND99-00021

Applicant’s Request
The application for discharge review, received 980920, requested that the characterization of service on the discharge be changed to Honorable. 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 990920. 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 HONORABLE CONDITIONS (GENERAL)/MISCONDUCT – Commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.






PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.       “I was discharged from the Navy for smoking pot. At the time of discharge, I was given an RE-4 Reentry Code. I wish to re-enter the Armed Forces. Joining the Navy to escape the streets of Watts, I was unsure as to what the future held for me or who I was to become.”
2.       “I fully understand that smoking pot was a poor choice made in my youth and accept full responsibility for my action(s). I would like the chance to right my wrong. It was very confusing time in my life and I have learned a lot from it.”
3.       “Since then I have grown up and am a responsible adult who would like nothing more than to give the chance to re-enter the Military, not as an angry child but as an adult who is ready and capable of serving her country.”
4.       “Correct SS #.”
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Submission Letter from Dept of Veterans Affairs.
Copy of DD Form 214.
Character Reference Letters (7)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     880314 - 880724  COG

 Period of Service Under Review :
Date of Enlistment: 880725               Date of Discharge: 910809

 Length of Service (years, months, days):

         Active: 03 00 15
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 33

 Highest Rate: FA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (3)    Behavior: 2.40 (3)                OTA : 3.00

 Military Decorations: None

 Unit/Campaign/Service Awards: OSR, NDSM

Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/MISCONDUCT – Commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

880728:  Applicant signed statement that she was briefed on the Navy policy on drug and alcohol abuse and the legal consequences of illicit drug use.

891023:  NJP for violation of UCMJ, Article 91: Disobeyed a lawful order from a Petty Officer on 890914, violation of UCMJ, Article 117: Used provoking words towards another service member 890915, violation of UCMJ, Article 128: (2 Specifications), Spec 1: Wrongfully struck another service member in the face with her fist 890914, Spec 2: Wrongfully struck another service member in the back with her fist 890915.
         Award: Restriction for 21 days, extra duty for 14 days, reduction to E-1. No indication of appeal in the record.
891023:  Retention Warning: Advised of deficiency (Violation of the UCMJ, Article 91: Willful disobedience of a Petty Officer; 117: Using provoking speech; and 2 specifications of 128: Assault consummated by battery). Notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

900607:  NJP for violation of UCMJ, Article 91: Disobeyed a lawful order from a Superior Petty Officer in her chain of command.
         Award: Forfeiture of $350 per month for 1 month, restriction to station for 30 days, extra duty for 30 days. No indication of appeal in the record.

900608:  Retention Warning: Advised of deficiency (Violation of the UCMJ, Article 91: Disobeying a lawful order from a Superior Petty Officer in your chain of command on 900502), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910313:  NJP for violation of UCMJ, Article 92: Violate a lawful general regulation, to wit: SECNAVINST 1770.11C by wrongfully consuming and possessing alcohol while being a minor; violation of UCMJ Article 112a: Wrongful possession of marijuana (THC).
         Award: Forfeiture of $376 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.

910319:  Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of Misconduct due to the Commission of a Serious Offense, Misconduct due to a pattern of Misconduct and Misconduct due to Drug abuse, as evidenced by having received CO's NJP on 891023, 900607 and 910313 for offenses involving disobedience of a lawful order from a petty officer, use of provoking words, assault consummated by a battery, violation of a lawful general regulation (SECNAVISNT 1700.11C, underage drinking) and wrongful use of marijuana (THC).

910321:  Medical officer states applicant displays a pattern consistent with each dependence and should be promptly discharged from the USN for same unless his/her superior feel that applicant displays significant potential for continued naval service. If applicant is judged to be retainable, the DAPA should make a prompt efforts to obtain and NDRC inpatient bed in Level III Treatment and inform applicant's Division Officer and Department Head admission date.

910325:          Applicant advised of her rights and having consulted with counsel certified under UCMJ, Article 27B, elected to appear before an Administrative Discharge Board.

910329:  DAAR indicates marijuana abuse as a result of a random urinalysis, found not dependent.

 910522:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed a serious offense, that the misconduct warranted separation, and recommended discharge under Honorable conditions (General).
910709:  Commanding Officer recommended discharge under Honorable conditions (General) by reason of Misconduct due to the Commission of a Serious Offense and Misconduct due to Drug abuse (Use).

910801:  BUPERS directed the applicant's discharge under Honorable conditions (General) by reason of Misconduct due to the Commission of a Serious Offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 910809 under Honorable conditions (General) for Misconduct due to Commission of a Serious Offense (A and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).

In the applicant’s issue 1, the Board found this issue to be without merit. The Board has no obligation to change the characterization of a discharge for the purpose of allowing an individual the opportunity to re-enter the Armed Forces. Relief denied.

In the applicant’s issues 2 and 3, the Board found these issues to be without merit. The Board found that the applicant’s age, education level and test scores qualified her for enlistment. While she may feel that her immaturity was a factor that contributed to her action, the record clearly reflects her willful disregard for the requirements of military discipline and demonstrated that she was unfit for further service. 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. Relief denied.

In the applicant’s issue 4, the Board determined this was not an issue. All documents indicate the applicant’s correct social security (SSN) number is 545-37-4091. If this is not correct, the applicant must go to the Board of Correction of Naval Records to correct her SSN.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A), Change 8, effective
21 Aug 89 until 14 Aug 91, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

 B. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 91: Disobeying a lawful order from a Petty Officer, Article 92: Failure to obey an order or regulation, Article 112a: Wrongful use, possession, etc. of a controlled substance, Article 128: Assault consummated by battery, if adjudged at a Special or General Court-Martial.
C. 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.
D. 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.

E. 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 obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809

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
                  Washington Navy Yard
                  720 Kennon Street SE Rm 309
                  Washington, D.C. 20374-5023     


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