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NAVY | DRB | 2005_Navy | ND0500084
Original file (ND0500084.rtf) Auto-classification: Denied


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

ex-ABEAN, USN
Docket No. ND05-00084

Applicant’s Request
The application for discharge review was received on 20041015. 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 discharge review. The Applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20050102. 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 3630600.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
Applicant’s issues, as stated on the application:

 1. “ I FEEL THAT MY ONE MISTAKE DUE TO PTSD, THAT I KNOW NOW THE CAUSE, SHOULD NOT ALOW ME TO SUFFER THE REST OF MY LIFE, MORE THAN IT ALREADY IS. PLEASE LOOK AT MY ACCOMPLISHMENTS BEFORE SAID INSADENT. I WAS VERY PROUD OF MY WORK UP UNTIL THAN, AND STILL AM, BUT NOW I CAN HARDLY LEAVE THE HOUSE WITHOUT SOME KIND OF ATTAC AND I KNOW I WILL NEED HELP FOR THE REST OF MY LIFE. MEDICAL HELP AND COUNCILING MAYBE EVEN HELP WITH LIFE. I’LL NEED TO BE HOSPITILAZED SOME DAY AND NEED GOVERNMENT HELP LIKE A VA HOSPITAL LIKE MY FATHER DID.
PLEASE HELP ME!”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
VA consent form 21-4138 (6 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     880922 - 881011  COG
         Active: USN                        881012 – 910414  HON

 Period of Service Under Review :
Date of Enlistment: 910415               Date of Discharge: 950120

 Length of Service (years, months, days):

         Active: 03 09 06
         Inactive: None

 Age at Entry: 25                          Years Contracted: 6

 Education Level: 12                        AFQT: 57

 Highest Rate: ABE2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.08 (5)             Behavior: 3.08 (5)                OTA: 3.12

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, MUC, SSDR, CGSOR, GCM, KLM

 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 3630600.

 Chronological Listing of Significant Service Events :

931123:  Retention Warning: Advised of deficiency (Alcohol rehabilitation failure) notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.


940607:  NJP for violation of UCMJ, Article 86 (5 Specs): UA; violation of UCMJ, Article 92 (2 Specs): Violation of a lawful order.
         Award: Forfeiture of $614 per month for 1 month, extra duty for 45 days, reduction to next inferior paygrade. No indication of appeal in the record.

941027:  Special Court Martial:
         Charge I: violation of the UCMJ, Article 86, (1 specification):
         Specification 1: Unauthorized absence 940825-940826.
         Charge II: violation of the UCMJ, Article 91, (1 specification):
         Specification 1: Failure to obey a lawful order.
         Charge III: violation of the UCMJ, Article 112a, (2 specifications):
         Specification 1: Wrongful use of marijuana on or about 940723-940801.
         Specification 2: Wrongful use of marijuana on or about 940802-940811.
 Findings: to Charges I, II and III and specifications thereunder, guilty.
          Sentence: CHL for 60 days (34 days pretrial confinement), reduction to
E-1.
          CA: Undated. Sentence approved and ordered executed, except confinement in excess of 34 days.
941104:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and alcohol rehabilitation failure.
941115:  Applicant advised of 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.

941202:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and alcohol rehabilitation failure.

941212:  BUPERS 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 19950120 under other than honorable conditions for misconduct due to commission of a serious offense (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: Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the Applicant’s enlistment. While he may feel that his personal problems were contributing factors, they do not mitigate the Applicant’s disobedience of the orders and directives that regulate good order and discipline in the naval service, demonstrating he was unsuitable for further service. The Applicant’s service record is marred by award of NJP for violating the UCMJ, Articles 86 and 92, special court-martial for violating the UCMJ, Articles 86, 91 and 112a and alcohol rehabilitation failure thus substantiating the misconduct. 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 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 Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board (NDRB). There is no requirement or law that grants recharacterization solely on the issue of obtaining Veteran’s benefits and this issue does not serve to provide foundation upon which the Board can grant relief.

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. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective
22 Jul 94 until 02 Oct 96, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

 B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .

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 “ http://Boards.law.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:

                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023

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