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NAVY | DRB | 2000_Navy | ND00-00773
Original file (ND00-00773.rtf) Auto-classification: Denied


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

ex-RMSA, USN
Docket No. ND00-00773

Applicant’s Request
The application for discharge review, received 000605, 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 001214. 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 – Pattern – frequent involvement of a discreditable nature with civil or military authorities, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. Officers of the Naval Discharge Review Board; I am respectfully submitting this request to have my Discharge upgraded from Other Than Honorable to General Under Honorable Conditions. I do not have any issues per se with my original discharge. My conduct was horrible, I acted irresponsibly and I got what I deserved. I was granted every opportunity during my enlistment to correct my faulty behavior, but I took limited action, and I was discharged. I am truly sorry now and if I had the means to personally apologize to the people I let down in the navy, I would. Since my discharge I started a family and have been happily married to an 14 Years. I vote in city and state elections. I am active in the Girl Scouts (where I was awarded two medals for Outstanding Volunteer of the Year). I am a respected member of my church and community. I am a stay-at-home Mom who has worked hard to instill the values of honor, responsibility and hard work in my children.
I was proud to serve my country. But looking back on the way I left leaves me feeling ashamed, disgusted and embarrassed. So I have tried to make up for the way things turned out by being a good citizen, wife and mother. And in that respect I have succeeded. But for over 14 years I have lived with this regret and I have thought if there were one thing in my life that I would change if I could, it would be this. My motive for submitting this request is not to receive veteran's benefits, I am just tired of feeling like a hypocrite with my children.
Therefore, I am requesting compassionate consideration based upon post-service conduct. Respectfully, (applicant)


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Copy of Pennsylvania State Police criminal record check dated May 12, 2000
Character reference from applicant's husband
Copy of Letter of Appreciation dated July 16, 1982
Copy of Letter of Commendation dated December 16, 1983

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     810522 - 820518  COG

 Period of Service Under Review :
Date of Enlistment: 820519               Date of Discharge: 850606

 Length of Service (years, months, days):

         Active: 03 00 18
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 36

 Highest Rate: RMSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.20 (3)    Behavior: 3.30 (4)                OTA: 3.35

 Military Decorations: None

 Unit/Campaign/Service Awards: BER

Days of Unauthorized Absence: 19

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Pattern – frequent involvement of a discreditable nature with civil or military authorities, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

830903:  Applicant evaluated as a drug abuser. Level I treatment.

831003:  NJP for violation of UCMJ, Article 134: Wrongful use of a schedule substance on 16Sep83.
         Award: Forfeiture of $250 per month for 2 months, restriction and extra duty for 30 days, reduction to RMSA. No indication of appeal in the record.
831004:  Retention Warning from U.S. Naval Facility, Antigua, West Indies: Advised of deficiency (Identified as a drug abuser as defined in OPNAVINST 5350.4 and further misconduct.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

831005:  Substance Abuse Report: Marijuana abuse, 1 to 3 times per month Aug83 to Sep83, ashore off duty. SAC found applicant not dependent and recommended Level I treatment. Inspection urinalysis Sep83. Commanding officer recommended retention and referred to Level I treatment. Comments: RMSN (applicant) professional performance is good. She has good potential for further naval service. She was awarded NJP following a plea of guilty at an Art 15 hearing for marijuana use.

831230:  Psychiatric consultation: Impression: alcohol abuse. [Extracted from CO's message dated 22May85.]

840103:  NJP for violation of UCMJ, Article 92: Violating other written order on 27Dec83.
         Award: Forfeiture of $100 per month for 2 months, restriction and extra duty for 15 days. No indication of appeal in the record.
8401??:  Substance Abuse Report: _____/83-1/84 ashore off duty. SAC/CAAC found applicant not dependent and recommended Level II. Comments: (Applicant) has fair potential for further useful service. ___ [profes]sional performance is satisfactory. RMSA (applicant) was ______ following a plea of guilty at an Art 15 for an [____]lated unauthorized absence. Partial page on microfiche.

840105:  Psychiatric Evaluation: Impression: Alcohol abuse.

840112:  NJP for violation of UCMJ, Article 134: Breaking restriction on 9Jan84.
         Award: Forfeiture of $200 per month for 2 months, restriction and extra duty for 30 days, reduction to RMSR. No indication of appeal in the record.
840113:  Retention Warning from U.S. Naval Facility, Antigua, West Indies: Advised of deficiency (Further misconduct.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

840125:  Applicant evaluated as an alcohol abuser. Level II treatment.

 840215:  Retention Warning from U.S. Naval Facility, Antigua, West Indies: Advised of deficiency (You have been formally evaluated as an alcohol abuser.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

850326:  Medical entry: A: depressive episode.

 850404:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 2330, 28Feb85 to 1600, 20Mar85 (19 days/surrendered).
         Award: Restriction and extra duty for 30 days, reduction to RMSA. No indication of appeal in the record.
850415:  Retention Warning from USS SIMON LAKE (AS 33): Advised of deficiency (Alcohol and drug abuse which are directly related to a diagnosed antisocial personality disorder and adjustment disorder..), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
850416:  Evaluation: Assessment: Adjustment disorder remains present due to combination of stresses with no apparent change in intensity. Hope that she will be separated prevents deterioration in her functioning. Her personality disorder, as expected, remains unchanged. Cannabis and ETOH abuse continues. Recommend: Mbr should be separated as previously recommended. [Extracted from CO's message dated 22May85.]

850521:  Substance Abuse Report: __________/83 - 5/85 ashore off duty. _____ determined not [drug or alcohol] dependent and recommended separate from service. Command directed urinalysis 24Apr85 and 1May85. Comments: Past and current work performance is [satisfac]tory. NJP this incident: None. NJP History: 831004, VUCMJ Art 134: [Wrong]ful use of schedule one controlled substance. Awarded 30 days restriction and extra duty, forfeiture of $250.00 for 2 months, RIR to____. 840113, VUCMJ Art 134, Breaking restriction. Awarded: 30 days restriction and extra duty, forf of $200.00 for 2 months, reduction to RMSR [____ment suspended for 6 months], VUCMJ Art 92, violating other written [or]der. Awarded 15 days restriction and extra duty, forfeiture of $[?] for 2 months. 850404, VUCMJ Art 86, U.A. Awarded: 30 days [restriction] and extra duty, reduction in rate to E-1. SNM has prior [?] drug abuse and will be processed for admin separation. [posi]tive THC on command directed urinalysis, 2 tests. Partial page on microfiche.

850529:  NAVDRUGLAB, Jacksonville, FL, reported applicant’s urine sample, received 850508, tested positive for THC/cocaine.

850502:  USS SIMON LAKE (AS 33) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of personality disorder, by reason of drug rehabilitation failure, by reason of alcohol abuse rehabilitation failure, by reason of misconduct- pattern – frequent involvement of a discreditable nature with civil or military authorities, and by reason of drug abuse.
850502:  Applicant advised of his 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.
850522:  Commanding officer recommended discharge under other than honorable conditions by reason of personality disorder; by reason of drug rehabilitation failure; by reason of alcohol abuse rehabilitation failure; misconduct – pattern - frequent involvement of a discreditable nature with civil or military authorities; misconduct due to drug abuse. Commanding officer’s comments (verbatim): SNM has been and continues to be a serious administrative burden to the Navy. She has received numerous counseling/warnings and extensive rehabilitation yet she continues in her course of minor disciplinary infractions personal maladjustment and flagrant substance abuse. On 83Oct04, after an NJP for wrongful use of a controlled substance, SNM was warned and counseled about her misconduct, and was identified as a drug abuser and provided with a recommendation for corrective action. On 84Jan13, SNM was awarded NJP for an orders violation and for breaking restriction. Again on 84Jan13, SNM was warned and counseled about her misconduct with a third page 13 counseling/warning entry identifying her as an alcohol abuser and recommending certain corrective actions. On 85Apr04, SNM was awarded an NJP for a period of unauthorized absence of about 20 days. On 85Apr15 SNM was again counseled through a page 13 entry identifying a diagnosed personality disorder, continued substance abuse and repeated disciplinary infractions as deficiencies and setting out recommended corrective action. On 85Apr16, SNM was evaluated and again advised of continued cannabis and ETOH abuse. On 85Apr24 and 85May01, SNM tested positive for THC on two separate command directed urinalysis tests. SNM has advised both the command CAAC and legal officer that she will continue to engage in substance abuse in an effort to secure her separation from the service. It is recommended that she be separated from the naval service under other than honorable conditions at the earliest possible date.

850530:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct - pattern – frequent involvement of a discreditable nature with civil or military authorities.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 850606 under other than honorable conditions for misconduct pattern frequent involvement of a discreditable nature with civil or military authorities (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 response to the applicant’s issue, the NDRB is authorized to consider post-service factors in the recharacterization of a discharge (E). However, 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. No such error or injustice is evident in the applicant’s service record. The applicant has submitted minimal documentation of post-service conduct which, unfortunately, does not mitigate the numerous violations of the UCMJ that the applicant committed. In a statement to the applicant’s CAAC and legal officer, the applicant stated that “she will continue to engage in substance abuse in an effort to secure her separation from the service”. Accordingly, the applicant was separated with an other than honorable discharge. The Board recognizes that serving in the Navy is very challenging to both the Sailor and her family members. Our country is fortunate to have men and women willing to endure the hardships and make the sacrifices required to serve their country. It must be noted that most Sailors serve honorably and well, and therefore, earn their honorable discharges. The applicant's service is accurately characterized as having been performed under other than honorable conditions. Relief is not warranted.

 Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560, Change 10/84, effective
17 Sep 84 until 15 Dec 85), Article 3630600, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT – A PATTERN OF MISCONDUCT.

 B. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 92, for failure to obey order, 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 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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