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NAVY | DRB | 1999_Navy | ND99-01026
Original file (ND99-01026.rtf) Auto-classification: Denied


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

ex-DN, USN
Docket No. ND99-01026

Applicant’s Request
The application for discharge review, received 990727, requested that the characterization of service on the discharge be changed to honorable or 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 000417. 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 (verbatim)

1. Quite simply - I respectfully request an upgrade in my discharge so I may apply for VA benefits as I am starting nursing school 1999/08/23. I don't feel that there has been a mistake on the discharge form except for - items 15a & 15b. I contributed to the G.I. bill from first day of active service & I did graduate from High School May 31, 1993.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     920916 - 930712  COG

 Period of Service Under Review :
Date of Enlistment: 930713               Date of Discharge: 940714

 Length of Service (years, months, days):

         Active: 01 00 02
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

 Education Level: 12                        AFQT: 66

 Highest Rate: DN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.60 (1)    Behavior: 2.60 (1)                OTA: 2.60

 Military Decorations: None

 Unit/Campaign/Service Awards: 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 3630620.

 Chronological Listing of Significant Service Events :

930716:  Applicant briefed on Navy's policy on drug and alcohol abuse.

940523:  Psychiatric evaluation: A: Borderline personality (severe), currently experiencing and has a pre-service history of, irritability, mood swings, boredom, and chronic self mutilating behavior (hitting her head on the wall, cutting herself) to relieve stress. Judgement deemed to be impulsive with limited insight. Member has thoughts of severely hurting others. Threshold to handle stressful situations deemed to be very low. [Parts are extracted from CO's letter dated 29Jun94.]

940617:  NAVDRUGLAB, Norfolk, VA reported urine sample received 940606 tested positive for THC.

940622:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by a urinalysis indicating use of THC and severe personality disorder with a characteristic of being an ongoing risk to yourself or others as evidenced by a medial diagnosis of borderline personality resulting in your causing physical harm to yourself. These facts have resulted in your being deemed unsuitable for continuing military service.
940622:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
940627:  Applicant elected to waive her administrative discharge board.

 940629:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use) and personality disorder. Commanding officer’s comments (verbatim): DN (applicant) is a very intelligent however, extremely troubled young woman. The potentially violent and harmful elements of her personality disorder coupled with her total disregard for the core values of the Navy, as evidenced by her use of marijuana, make her totally unsuitable for continued military service. This member was given instruction on the "zero tolerance" policies within the Navy and, despite this and her additional training and responsibilities a healthcare professional, she still made a conscious decision to use drugs. DN (applicant) should, in the best interests of not only the Navy and this command, but in the safety of herself and those she works with, be separated in the most expeditious fashion possible with an OTHER THAN HONORABLE characterization.

990706:  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 940714 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).
The applicant’s issue states: “Quite simply - I respectfully request an upgrade in my discharge so I may apply for V.A. benefits as I am starting nursing school 1999/08/23. I don't feel that there has been a mistake on the discharge form except for - items 15a & 15b. I contributed to the G.I. bill from first day of active service & I did graduate from High School May 31, 1993.” 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. Relief not warranted.

The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. The applicant must be aware that 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 the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB. The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.

Pertinent Regulation/Law (at time of discharge)

 A . Navy Military Personnel Manual, (NAVPERS 15560C), Change 5/93, effective
05 Mar 93 until 21 Jul 94, 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 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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