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NAVY | DRB | 2001_Navy | ND01-00613
Original file (ND01-00613.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND01-00613

Applicant’s Request
The application for discharge review, received 010405, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance discharge review before a traveling panel closest to Alexandria, Louisiana. The applicant listed American Legion as the representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington DC area. The NDRB also advised that the board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 011031. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the 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/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. My medical condition (mental) was such while in service and around the time of discharge that I did not understand things that were being told to me or what was happening around me. I was not mentally able to make any decisions on my own. I feel that due to this fact and the preponderance of evidence to support my contentions, that my discharge should be changed to HONORABLE AND I BE ENTITLED TO ANY BENEFITS that I might have lost.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Letter from applicant's parents
Letter from applicant's mother
Letter from applicant to parents
Letter from doctor dated September 21, 2000
Forty-one pages from medical records
Letter from commanding officer to applicant's parents dated April 24, 2000
Letter from psychologist, undated
Comments from the American Legion dated September 21, 2001

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     980528 - 980625  COG

 Period of Service Under Review :
Date of Enlistment: 980626               Date of Discharge: 000601

 Length of Service (years, months, days):

         Active: 01 11 06
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 20                        AFQT: 38

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.00 (2)    Behavior: 1.00 (2)                OTA: 2.09

 Military Decorations: None

 Unit/Campaign/Service Awards: NUC, MUC

 Days of Unauthorized Absence: 18

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

UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly
3630600).

 Chronological Listing of Significant Service Events :

980528:  Enlistment waiver granted for drug abuse (marijuana 6 times, LSD 1 time, Quaaludes 1 time, Valium 1 time and mushrooms 1 time).
981218:  Retention Warning: Advised of deficiency (Allegation of failure to maintain sufficient funds.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

 990625:  NJP for violation of UCMJ, Article 111: Drunken operation of a vehicle on 15Jun99.
         Award: Forfeiture of $479 per month for 2 months, restriction and extra duty for 45 days, reduction to SR. No indication of appeal in the record.
990625:  Retention Warning: Advised of deficiency (Driving while intoxicated, as evidenced by CO's NJP on 25Jun99.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

990807:  NJP for violation of UCMJ, Article 86: Unauthorized absence from restricted musters on 26Jul99 and 3Aug99.
         Award: Restriction and extra duty for 10 days. No indication of appeal in the record.
990902:  NJP for violation of UCMJ, Article 134: Disorderly conduct, drunkenness on 19Aug99, violation of UCMJ, Article 91: Insubordinate conduct toward a petty officer on 19Aug99.
         Award: Correctional custody for 20 days. No indication of appeal in the record.
990902:  Applicant found fit for confinement.

 000424:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0715, 1Apr00 to 1500, 18Apr00, violation of UCMJ, Article 87: Missing movement.
         Award: Forfeiture of $502 per month for 2 months, restriction and extra duty for 45 days, reduction to SR. Forfeiture for 1 month suspended for 6 months. No indication of appeal in the record.
000501:  Mental Health Evaluation: Diagnoses: Axis I: Alcohol dependence, severe, polysubstance dependence, occupational problem, adjustment disorder with mixed features, Axis II: Antisocial personality disorder.

000524:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct, misconduct due commission of a serious offense and convenience of the government due to personality disorder.

000526:  Commander, Navy Region Northwest directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 000601 under other than honorable conditions for misconduct due to a pattern of misconduct (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).

In response to the applicant’s issue 1, when reviewing a discharge, the Board does consider the extent to which a medical or psychological 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. The applicant received an enlistment waiver for use of marijuana, LSD, Quaaludes, valium and mushrooms. A mental health evaluation diagnosed that the applicant suffered from alcohol dependence, severe polysubstance dependence, occupational problems and adjustment disorder with mixed features. The Board does not consider the circumstances surrounding the applicant's diagnosis or any medical or psychological treatment given to the applicant, to be of sufficient nature to exculpate the applicant from his misconduct of record. Relief is not warranted.

The following is provided for the applicant’s edification. There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct. At this time, the applicant has not provided any documentation of good character and conduct. Therefore no relief will be granted. The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 1997 until Present, Article 1910-140 (formerly 3630600), SEPARATION BY REASON OF MISCONDUCT - PATTERN OF MISCONDUCT.
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 “ afls10.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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