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NAVY | DRB | 2003_Navy | ND03-01064
Original file (ND03-01064.rtf) Auto-classification: Denied


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

ex-AN, USN
Docket No. ND03-01064

Applicant’s Request
The application for discharge review was received on 20030605. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. The Applicant requests a documentary record review. The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040423. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. 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 stated

 Applicant’s issues, as stated on the application:

1. “I, A_ M. B_ (Applicant), respectfully request a change of my discharge. So, I can be eligible to enter into the U.S. Military. I have learned, from my mistakes in the past. I’m ready to perform my duty, an serve my country and family. So I ask you for that chance.
Signed by the Applicant”

As stated in Applicant’s personal letter to the Board:

“My name is A_ M. B_. I was an member of the U.S. Navy. My time in the Navy was not an good one. I was young and my first time away from home alone on my own. I got married to a girl, that started more problems in my life. In which I took my problems to work. My act made problems between me and my C.O.C.
Not standing up to what was going on, I came home to see my Mother (UA). When I came home, I also cameback to the things I went to get away from. At that time I did wrongfully use marijuana. When I returned back to base, I was discharge from the navy. I know it have not been an long time between now and my discharge.
I know the ways I went about things was not the right way. I’m more older and wiser not of the body but the mind. I learned from things that happened in life now I know how to deal with them. So, I respectfully ask you for that chance to perform my duty, and serve my country and family.
Respectfully, Signed by the Applicant.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter of Appreciation from CO, Patrol Squadron 10, dtd May 14, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     000927 - 010712  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 010713               Date of Discharge: 021113

 Length of Service (years, months, days):

         Active: 01 04 01
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 45

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.00 (2)    Behavior: 2.00 (2)                OTA: 1.92 (5.0 EVALS)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 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 1910-146, formerly 3630620.

 Chronological Listing of Significant Service Events :

020610:  Mental Health Dept, Naval Hospital, Jacksonville: This was first psychiatric eval for this 20 year old married male, with approx 1 year of continuous active duty. Was send by Dr. S_ on 7 Jun 02 in the emergency room for a brief safety evaluation after he made a superficial laceration to his wrist in the context of dissatisfaction with his command. He did not want to be hospitalized so he as instructed to report to the mental health clinic this morning for further evaluation. He was diagnosed with an Adjustment Disorder with Mixed Anxiety and Depressed Mood and an Occupational Problem. His records were not available for review. The pt was interviewed. He voluntarily consented to this evaluation.
         Pt stated that “I don’t want to be her. I want to go home and be with my family.” He further stated that “I don’t’ feel like the Navy is the life for me.” He reported that he has felt this way for the past 5-6 months. Pt currently on LIMDU for a torn meniscus in his left knee…..has been on LIMDU almost 6 months……..He reported that he began experiencing suicidal ideation in the last several days and on Friday, after being told that he could not leave work to accompany his wife to a medical apo9int, he took an exacto knife and made a superficial laceration to his wrist that did not require any medical care. Pt reported that his intention was “50/50” between wanting to hurt himself and trying to get his point across that he does not like the Navy………………
         Diagnostic Impression: AXIS I: Adjustment Disorder with Depressed Mood. AXIS II: Personality disorder, NOS with Antisocial Traits (provisional).
         Plan: 1. Service member psychologically fit for full duty. He is responsible for his behavior. Currently on LIMDU, no recommendation for admin separation can be made. Will reevaluate pt’s situation once his LIMDU status is updated after his reevaluation next month. 2. Recommend pt attend individual supportive therapy. RTC follow-up on 19 June 02. 3. Follow-up with Ortho and PT as scheduled. 4. Pt agreed to contact LT G_, mental health clinic, or appropriate emergency services if need arises. Pt understands and concurs.
020722:  Mental Health Dept, Naval Hospital, Jacksonville: Received call from pt who was upset because he just had a bad interaction with a SCPO at this command (who used to be his SCPO) and he had thoughts of hurting the SCPO. Pt claimed that the SCPO was “yelling” and pushing him after the pt asked him about the whereabouts of his service record. Pt reported that a divo intervened and talked to them both along with the CMC, however, the pt feels that they are on the SCPO’s side and have told him that he’s being insubordinate. Pt has to work tonight and was ale to contract for safety. Resources were discussed such as EMD, and requesting that a 3 rd party be involved if the SCPO asks to speak to him. Pt agreeable with this and did not want to reschedule his follow up appointment scheduled for next week later this week. He stated he would call if he changed his mind. He denied suicidal ideation and contracted for safety. (LT H. R. G_, MSC, Staff Psychologist)
020806:  Mental Health Dept, Naval Hospital, Jacksonville: Received call from pt, who told me that he was currently UA. Pt reported that he got upset yesterday after he learned that he would be going to XOI for an interaction he had with his former CPO so he got in his car and drove home to Ohio. Pt reported that he didn’t know what to do and was having some thoughts of suicide so he thought the best thing to do would be to go to his family. He denied current thoughts of suicide and I told him he could go to the nearest EMD should he become suicidal. I encouraged pt to return to area ad turn himself in. He is currently pending a PEB which will be cancelled if he remains UA and disciplinary issues will take precedence. I explained this to the pt. He stated that he understood and asked if he could turn himself into me. I told him that he could but that I would have to contact security. Pt stated that he didn’t have any plans of returning soon. I told him that he could contact me at the clinic if needed. (LT H. R. G_, MSC, Staff Psychologist)
021025:  Summary Court Martial
         Violation of the UCMJ, Articles 86, 89, 91 & 112A
         Sentence: Reprimanded, forfeiture of $737.00 pay per month for 1 month, reduction in rate to E-1 and confinement for 7 days.
        
021025:  To confinement.

021030:  Return to full duty.

021108:  Commander, Navy Regional Southeast, Jacksonville, FL, directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

 COMPLETE ADMIN DISCHARGE PACKAGE NOT CONTAINED IN SERVICE RECORD.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20021113 under other than honorable conditions for misconduct due to drug abuse (A). In the absence of a complete discharge package, the Board presumed regularity in the conduct of governmental affairs (B) and, after a thorough review of the records, supporting documents, facts, and circumstances unique to this case, found that the discharge was proper and equitable (C and D).

Issue 1. There is credible evidence in the record that the Applicant used illegal drugs. Mandatory processing for separation is required for sailors who abuse illegal drugs. Separation under these conditions generally results in characterization of service under other than honorable conditions. The applicant’s service was marred by the award of nonjudicial punishment (NJP) for violations of the Uniform Code of Military Justice (UCMJ) Articles 86, 89, 91 & 112A. While the Applicant may feel that his youth and immaturity was a factor that contributed to his actions, the record clearly reflects his disregard for the requirements of military demonstrated he was unfit for further service. The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

The following is provided for the edification of the applicant. 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 naval service. The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time. Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

 A . The Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 Aug 2002 until Present, 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 " 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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