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NAVY | DRB | 2002_Navy | ND02-00362
Original file (ND02-00362.rtf) Auto-classification: Denied


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

ex-SHSR, USN
Docket No. ND02-00362

Applicant’s Request
The application for discharge review, received 020204, 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 listed the Disabled American Veteran as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030107. 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 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. I Ship serviceman (Applicant) request a review of discharge from the UNITED STATES NAVY. I entered the U.S. NAVY straight out of high school in the summer of 1993 at the age of 17. I was already committed the summer before as a junior in high school looking forward to the new challenges to come. 10 days after graduation I was sworn in and shipped off to Orlando, Florida for my military training where after completion I was ranked an SHSN soon to be on the U.S.S. ENTERPRISE CVN-65.

Upon arrival being there was hard because I was away from home but yet I felt good about my decision to join the U.S.NAVY until May 2l, 1996. S-3 Divion had an unload of supplies and as a member of the S-3 DIV. I was positioned near the storeroom because of the other divions working with us. By this time I was ranked a Ship serviceman third class petty officer in charge of my own storeroom and part-time barber. A case of sodas was tossed to me and after I received them I felt something in my back, immediately I was off to sick call only to find out that one of my disk was not completely formed and the nerves were exposed. After a few months of dealing with the fact that when I get older will there be any complications with my body, I found out that the person that I thought was my dad was really not and things just took a turn. I was shipped to TPU in Norfolk, Va. where I sat for a few more months dealing with all of the things going on around me until I was moved to Portsmouth Naval Hospital in Portsmouth Va. where I continued to have test ran on me. I was taking mass amounts of Motrin an other prescribed medicine, until finally I was seen by a Naval Psychiatrist because of my depression state. My pain in my back was increasing and there was nothing the Doctors could do to even ease the pain, so unfortunaly for me I started to smoke marijuana not just to take away the pain in my back but also in my head. It helped for awhile until things just got so frustrating to me that I just wanted to get out even though I was due for a medical discharge in a few months according to the review board. Since my separation things have not been right for me job wise and family. I am not giving excuses nor looking for sympathy but the U.S. Navy in my opinion may get you ready for combat but as for as dealing with situations beyond there helping who is there to turn to.

 THANK YOU

GOD BLESS ALL THE VICTIMS IN NEW YORK, ARLINGTON, AND PENNS.

2. TO: NAVAL DISCHARGE REVIEW BOARD

After reviewing my case I write again that I am not giving excuses, but I am trying to turn my life around for my children and I. So this letter and other documents that I have sent will help change my discharge from under other than honorable to general under honorable conditions due to lack of judgment and over confusion. I am currently attending barber school to receive my license but paying for it is hard and my G.I. Bill is well deserved for my achievements.
Furthering my career as a barber is my goal, with all the U.S. Navy's help I will be able to fulfill my goal in life.

THANK YOU

 3. Dear Chairpersons :

After a review of the Former Service Member (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of evidence assembled for review, we continue to note the contention of the appellant in his request for a discharge upgrade of his current Under Other Than Honorable (UOTH) discharge to that of General Under Honorable Conditions.

The FSM served on active service until he was discharged due to misconduct/drug abuse. During his service the FSM held moderate to high proficiency marks until the period from January to May of 1997 when all marks dropped below standards.

At the later part of his service the FSM experienced multiple family and disability problems . He notes feelings that there was no assistance available to him by his chain of command or treating doctor, and based on that he started utilizing controlled substances. Use of such substances caused a decrease in performance and more than likely worsened his family problems. Because of the unresolved problems he went on unauthorized absence to try to fix them, only making matters worse.

Since his discharge the FSM has corrected his problem with substance abuse, and his family and is trying to move on with his life. In this he will require an upgrade of his discharge as requested by application, to continue making a concerted effort in a positive direction.

As the representative, we ask that consideration be given to equitable relief, as this is a matter that involves a determination whether a discharge should be changed under the equity standards, to include any issue upon which the Applicant submits to the Board's discretionary authority, under SECNAVINST 5420.174C.

We ask for the Board's careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision. These issues do not supersede any issues previously submitted by the Applicant.



Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant's DD Form 214 (Member 1 and 4)
Character reference from Applicant's sister, dated September 25, 2001
Thirty-five pages from Applicant's service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     920630 - 930614  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 930615                        Date of Discharge: 970502

 Length of Service (years, months, days):

         Active: 03 10 18
         Inactive: None

 Age at Entry: 17 Parental Consent                Years Contracted: 4

 Education Level: 12                        AFQT: 59

 Highest Rate: SH3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.70 (2)    Behavior: 3.60 (2)                OTA: 3.70
 Performance: 2.00 (4)*   Behavior: 1.40 (5)*               OTA: Unknown

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, Letter of Commendation

 Days of Unauthorized Absence: 53

*Extracted from supporting documents submitted by the Applicant.

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

960227:  NJP for violation of UCMJ, Article 92 (2 specs): (1) Failure to obey a lawful general regulation by drinking alcohol onboard a naval vessel on 960227, (2) Dereliction of duty on 960217.
         Award: Forfeiture of $250 per month for 2 months, reduction to SHSN. Reduction suspended for 6 months. No indication of appeal in the record.
961018:  NJP for violation of UCMJ, Article 86 (2 specs): (1) Unauthorized absence from 1300, 960924 to 0915, 960925, (2) Unauthorized absence from 0800, 961010 to 0800, 961015 (5 days/surrendered).
         Award: Restriction for 15 days, reduction to SHSN. No indication of appeal in the record.
970204:  Retention Warning: Advised of deficiency (Use of controlled substance, breaking restriction and unauthorized absence), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

970221:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 1630, 961216 to 1445, 970203 (48 days/surrendered), violation of UCMJ, Article 134: Breaking restriction on 1630, 961216.
         Award: Reduction to SHSR. No indication of appeal in the record.
970502:  DD Form 214: Applicant discharged under other than honorable conditions by reason of misconduct due to drug abuse (use), authority: NAVMILPERSMAN, Article 3630620.

Discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 970502 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).

Issues 1-3. Drug abuse warranted processing for separation, normally under other than honorable conditions. While he may feel that lack of assistance, injury, personal problems, and confusion were factors that contributed to his actions, the record clearly reflects his disregard for the requirements of military discipline and demonstrated that he was unfit for further 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. Relief denied.

The Veterans Administration determines eligibility for post-service benefits, not the NDRB. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans’ benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

The Applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident during the Applicant’s enlistment. Additionally, 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 civilian life, subsequent to leaving the service. Relief not warranted.

The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. Representation at a personal appearance hearing is recommended but not required.



Pertinent Regulation/Law (at time of discharge)

 A . Navy Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
03 Oct 96 until 11 Dec 97, Article 3630620 SEPARATION OF ENLISTED PERSONNEL 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 " 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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