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NAVY | DRB | 2002_Navy | ND02-00255
Original file (ND02-00255.rtf) Auto-classification: Denied


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

ex-AOAR, USN
Docket No. ND02-00255

Applicant’s Request
The application for discharge review, received 020114, requested that the characterization of service on the discharge be changed to entry level separation or uncharacterized. The applicant requested a personal appearance discharge review before a traveling panel closest to Sulphur, LA. The applicant did not list any 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 020731. 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 1910-146, formerly Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 1. When I was discharged from the U.S. Navy I was dealing with a lot of problems. My grandmother died while I was in boot camp. She was the person who raised me. She was like my mother. I started drinking a lot and did not know how to deal with my problems and before I knew it, I ended up in a lot of trouble and running around with the wrong people. It has taken me almost two years to get my life back on track and every day I wish I had never been discharged from the U.S. Navy. I had a great career ahead of me in the military. I finished top of my class in AO "A" school and was in the accelerated advancement program. I would love to reenlist in the U.S. Navy, but my re-entry level 4 is keeping me from finishing what I started and fulfilling my military career. I am requesting to have my re-entry level changed so I may re-enlist in the U.S. Navy thank you for our time.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     990112 - 990608  COG

 Period of Service Under Review :
Date of Enlistment: 990609               Date of Discharge: 000428

 Length of Service (years, months, days):

         Active: 00 10 20
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 46

 Highest Rate: AOAA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 1.00 (1)    Behavior: 1.00 (1)                OTA: 1.83

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 31

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly 3630620.

 Chronological Listing of Significant Service Events :

000127:  Applicant to unauthorized absence 0800, 27 Jan 00.

 000202:  Applicant from unauthorized absence 0700, 2 Feb 00 (5 days/surrendered).
000209:  Applicant to unauthorized absence 0700, 9 Feb 00.

 000224:  Applicant from unauthorized absence 0700, 24 Feb 00 (15 days/surrendered).
000307:  NJP for violation of UCMJ, Article 86: Unauthorized absence on 0700, 11 Jan 00 until 0700, 21 Jan 00 (11 days/surrendered).
         Award: Restriction and extra duty for 30 days, reduction to AOAR. Reduction suspended for 3 months. No indication of appeal in the record.
000313:  Staff Note in medical record: Applicant declined treatment.

 000314:  Medical notes indicate applicant diagnosed with a personality disorder and a polysubstance dependence. The psychiatrist recommended separation based on a personality disorder of such severity as to render the applicant incapable of serving adequately in the naval service. Applicant was considered self-destructive and a continuing risk of harm to self or others.

000315:  NJP for violation of UCMJ, Article 112A: Wrongful use of marijuana.
         Award: Forfeiture of $500 per month for 2 months, restriction and extra duty for 45 days, reduction to AOAR. No indication of appeal in the record.
000316:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense, misconduct due to drug abuse and convenience of the government due to a personality disorder.
000316:  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.
000418:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense, misconduct due to drug abuse and convenience of the government due to a personality disorder.

000425:  Commander, Carrier Group EIGHT 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 000428 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).

Issue 1: The applicant’s request for an entry level separation or uncharacterized separation is inappropriate. By regulation, members discharged within the first 180 days of enlistment are given characterization of service as “Entry Level Separation.” The applicant served for 10 months and 20 days. While the applicant states his inability to appropriately deal with the death of his grandmother adversely affected his military service, the record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions. The applicant’s discharge characterization accurately reflects his service to his country. Relief denied.

Issue 2: Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Relief is therefore denied.

The following is provided for the applicant’s edification. The NDRB is authorized to consider 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. However, there is no law or regulation that provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life subsequent to leaving the service. In determining whether a case merits a change based upon post-service conduct, the NDRB considers the length of time since discharge, the applicant's record of community service, employment, conduct, educational achievements, and family relationships. Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. Evidence of continuing educational pursuits, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence that the applicant is drug free, are examples of verifiable documentation. The applicant is reminded he remains eligible for a personal appearance hearing provided an application is received within 15 years from the date of discharge . Representation at a personal hearing is not mandatory, but is strongly recommended.

Pertinent Regulation/Law (at time of discharge)

 A . The Naval Military Personnel Manual, (NAVPERS 15560C), Change 27, effective 27 March 2000 - 11 Feb 2001, Article 1910-146 (formerly 3630620), Separation by Reason of Misconduct - 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 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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