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NAVY | DRB | 2000_Navy | ND00-00815
Original file (ND00-00815.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND00-00815

Applicant’s Request
The application for discharge review, received 000613, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant listed VETERANS SERVICE OFFICE as her representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010111. 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 – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. My name is M____ L P___ formerly M____ L P____. I was in the United States Navy from September 1987 through November 1998. I received an Other Than Honorable Discharge, which I respectfully request the discharge to be upgraded to Honorable. My reason are as follows: Events that only allow veterans to attend like fourth of July act, spiritual ceremonies that only veterans can attend, also have it legalized on paper that I am a United States veteran. I feel I was discharged under circumstances that I had no control and couldn't change anything at the time. In 1988, I was onboard the U.S.S. Acadia in July of that year I went on liberty with some friends, we all went down to Tijuana Mexico. While we were down in Tijuana my boyfriend at the time broke off our relationship. I was hurt and confused I started to drink more than usual. I met some people I never met before, I told P _____ (boyfriend's name) I knew the guy I was talking to and I said to go on without me. I told him it would be ok because these guys are from a brother company from boot camp, which the truth was I never knew them. Therefore, I told him to take off. I went back to their table and proceeded to get real drunk. The next thing I knew I was being hauled outside and put inside the back of a truck. This guy who was with them started to lace my lips with this drug I think was Crystal Meth. I blacked out after he crawled on top of me. I again woke up later at some room with three or four guys standing around who I guess were marines. I later found out it was a barrack at Camp Pendleton. I was so afraid for my life I felt I had to listen to whatever they said at the time. I was being passed around from one guy to the next. I didn't have sex with all of them only two of the four guys. So far the next day and a half I was sedated with Alcohol and Crystal Meth combined with the fear, shame, degradation of someone who supposed to be onboard with obligated duties. I was supposed to be on duty at the time I was gone so I was considered AWOL. Monday morning came, they didn't want to drive me back to the base I was just relieved to be let go I ran to the nearest phone. I tired calling the ship I was on but they didn't accept collect calls. I didn't call the police or any or my family members to let them know where I was because of the fear of being in trouble. I walked 180 miles that day from Camp Pendleton to San Diego, when I finally got back I was sent to Captain's Mast and put on restriction with extra duty. After this incident I didn't care anymore I got in trouble one more time which was not part of the incident at hand, I was 18 yrs old at the time which is pretty young to be being that it was my first time even being away from home, let alone living on a destroyer tender with over 2000 other people. I also waived all counsel when I departed from the service because I just wanted to go home a put this whole thing behind me. I am 30 yrs old and living a life way different than how "I grew up in the service". I greatly appreciate the time taken on my request and would be pleased to hear from you (s) any time in the near future.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered: Applicant’s letter

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     870925 - 870927  COG

 Period of Service Under Review :
Date of Enlistment: 870928               Date of Discharge: 881117

 Length of Service (years, months, days):

         Active: 01 01 22
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 17                        AFQT: 39

 Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA                  Behavior: NMA             OTA: NMA

Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

871130:  Retention Warning: Advised of deficiency (Failure to disclose pre-service drug use), assistance available, advised of consequences of further deficiencies, and issued discharge warning.

871207:  Identified through urinalysis testing to be a drug abuser.

 880515:  UA from 0700-1030, 880515. Awarded EMI.
880610:  NJP for violation of UCMJ, Article 86: Absence from place of duty from 0500-0800, 880528 (3 hours).
         Award: Restriction and extra duty for 14 days. No indication of appeal in the record.

880610:  Retention Warning: Advised of deficiency (Absence from place of duty), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

880611:  DAAR indicates alcohol abuse, applicant found dependent by CAAC and Medical Officer, recommended for Level III treatment.

880715:  NJP for violation of UCMJ, Article 86: Fail to go to appointed place of duty, to wit: Restriction person's muster at 1800, 880622; violation of UCMJ Article 90: Willful disobedience of a lawful order issued by a superior commissioned officer on 880708, violation of UCMJ Article 92: Violation of ACADIAINST 3120.1 (SORM) PARA 520.2 CH-9 DTD 870506 (Fraternization) on 880710; violation of UCMJ, Article 108: Wrongful destruction of government property, to wit: (5) ketchup bottles on 880612.
         Award: Restriction for 21 days. No indication of appeal in the record.
880825:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
880830:          Applicant advised of her 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 and the right to submit statement on own behalf either verbally or in writing before an Administrative Board or in writing if an Administrative Board is not convened.
880913:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

880918:  CNMPC directed the applicant's discharge under other than honorable conditions 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 881117 under other than honorable conditions for misconduct due to commission of a serious offense (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 ( a statement) provided no decisional issues for the Board’s consideration. Further, the applicant provided no post service documentation such as drug test reports, community involvement, educational pursuits, police records, and employment verification. The applicants Other Than Honorable discharge accurately characterizes her service. To change the discharge would be inappropriate. Relief is denied.

 The applicant is reminded that she 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. Naval Military Personnel Manual, (NAVPERS 15560A), effective 15 Jun 87 until
10 Jan 89, Article 3630600, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

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      


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