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NAVY | DRB | 2000_Navy | ND00-01062
Original file (ND00-01062.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND00-01062

Applicant’s Request
The application for discharge review, received 000919, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant listed Personal Representation as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010329. 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 1910 - 142 (formerly 3630605).


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. W/out authority absent himself from appointed place of duty 11, Sept 99 until 3, Oct 99. Was mentally ill did not realize what he was doing.

2. Through design miss movement 15, Sept 99 place of duty 11, Sept 99 miss movement 29 Sept 99. He would not of missed movement if he was not mentally ill he never missed movement before.

3. Wrongful use of a controlled substance, marijuana 3, Oct 99. Was mentally ill did not realize it was wrong.

4. R____ have very good marks in the Navy till Sept 99 than was when his mental illness was full blown & he did a lot he never would of done otherwise, he should have had a mental evaluation before getting discharged to find out if he had a mental problem it could have been taken care of while still enlisted. He was still very confused when he arrived in South Dakota in Dec 99 & was hard to understand his behaviors, was hospitalized for severe Schizophrenia and if it was diagnosed back in Oct or November 99 he could have had treatment & he never would have had such a bad attack. S I think since the Navy wrongfully discharge him without proper Psychiatric treatment his dealing should be upgraded.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
 Copy of DD Form 214
Copies of Medical Discharge Documents (5pgs)
Letter from United States Senate T___ D___
Record Release Authorization Form
Copy of Medical Discharge Summary (5pgs)
Copy of Special Authorization Chit
Copies of Psychiatric/Medical Document (8pgs)
Copy of Medical Discharge Document (1pg)
Copy of DD Form 214
Copy of SPCM Pretrial Agreement (2pgs)
Copies of Discharge Documents (5pgs)
Copy of Retention Warning from RTC
Copy of Report of Results of Trial (2pgs)
Copies of Report of Medical Examination (6pgs)
Copies of Evaluation Report & Counseling Record (6pgs)
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN               None
         Inactive: USNR (DEP)     971021 - 971112  COG

 Period of Service Under Review :
Date of Enlistment: 971113               Date of Discharge: 000301

 Length of Service (years, months, days):

         Active: 02 01 02
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

Education Level: 10                        AFQT: 71

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.66 (3)    Behavior: 2.00 (3)                OTA : 2 .60

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, AFEM, NUC

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 1910-142 (formerly 3630605).

 Chronological Listing of Significant Service Events :

971114:  Retention Warning: Advised of deficiency, despite you fraudulent induction as evidenced by your failure to disclose required basic enlistment eligibility information (Marijuana 2x, 7/97 -11/97, in DEP), advised of consequences of further deficiencies, and issued discharge warning.

991004:  Pretrial confinement 991004-991129 (57days).

991123:  Pretrial Agreement: If awarded, a bad conduct discharge will be disapproved. Any confinement in excess of time already served will be suspended for a period of twelve (12) months from the date the sentence is announced, at which time, unless sooner vacated, it will be remitted without further action.

991130:  Special Court Martial
         Charge I: violation of the UCMJ, Article 86: (2 Specs), Spec I: Without authority absent himself from his appointed place of duty on 990911, Spec II: Unauthorized absence 990911 – 991003, [22 days/A.]; Charge II: violation of the UCMJ, Article 87: Missed ship's movement, 990915 and 990929; Charge III: violation of the UCMJ, Article 108: Through neglect lose military property; Charge IV: violation of the UCMJ, Article 112a: Wrongful use of a controlled substance ( marijuana), 991003.
         Findings: to Charge I and specifications 1, withdrawn, specification 2 thereunder, guilty. To Charge II and specification thereunder, guilty. To Charge III and specification thereunder, not guilty. To Charge IV and specification thereunder, guilty.
         Sentence: CHL for 75 days, reduction to E-1, Bad Conduct discharge.
         CA 991123: Approved Pretrial Agreement.
        
991207:  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 drug abuse; and defective enlistments and induction-fraudulent entry into the naval service.
991207:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
000207:  Commanding officer recommended discharge other than honorable conditions by reason of misconduct due to the commission of a serious offense, misconduct due to drug abuse; and defective enlistments and induction-fraudulent entry into the naval service.

000218:  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 000301 under other than honorable conditions 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).

 A medical diagnosis, on active duty or during post-service, and whether proper or improper, is not an issue upon which this Board can grant relief. When reviewing a discharge, the Board does consider the extent to which a medical problem, diagnosed or undiagnosed while on active duty, might effect an applicant’s performance and ability to conform to the military’s standards of conduct and discipline. In the applicant’s issues 1 through 4, the Board does not consider the circumstances surrounding the applicant’s diagnosis of schizophrenia or any medical treatment given to the applicant to be of sufficient nature to exculpate the applicant from his misconduct of record. No relief will be granted based on these issues.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 97 until 29 March 2000, Article 1910-142 [formerly 3630605]. SEPARATION BY REASON OF MISCONDUCT- COMMISSION OF A SERIOUS OFFENSE .
B. In Appendix 12 of the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 87, missing movement 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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