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NAVY | DRB | 2005_Navy | ND0500405
Original file (ND0500405.rtf) Auto-classification: Denied


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

ex-SN, USN
Docket No. ND05-00405

 Applicant’s Request
The application for discharge review was received on 20050104. 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 list any representative on the DD Form 293.

 Decision
A documentary review was conducted in Washington, D.C. on 20050414. 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/IN LIEU OF TRIAL BY COURT MARTIAL, authority: NAVMILPERSMAN, Article 3630650.




















The remaining portion of this document is divided into 4 Parts: Part I - Applicant's Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.

Docket No. ND05-00405

PART I – APPICANT’S ISSUES AND DOCUMENTATION

 Issues, as stated

Applicant’s issues, as stated on the application:
1. "Please See Attached Explanation. I had become addicted to the medication.

My name is I N_ R_ (Applicant). My SSN is (social security number deleted). It has been nearly ten years since I was given an "Other Than Honorable Discharge" from the military in lieu of being court-martialed. I am requesting an upgrade to lift the shame of my discharge.

I joined the military to follow in the footsteps of my dad and granddads, to be the first woman in the family to enlist for military duty and serve my country. I had every desire to make a career of the military; learned different trades and the determination to strive and succeed. Above all, I learned a discipline which carries over to this time in my life in spite of what took place. I fell in the line of duty after less than a year and injured my back and neck. Migraine headaches and muscle spasms started to affect my livelihood and persist to this day. It was not unusual for me to be in and out of sick bay and I was on prescription drugs constantly. I was put on limited to light duty and received twenty- percent disability.

Prior to my release, I was rushed to sick bay suffering yet another muscle spasm and severe headache (migraine). When the prescription was written, the migraine meds were left off. I proceeded to alter the prescription and add the meds for the headaches. It would be the most stupid and foolish act of my entire life. It was done out of pure ignorance; it also showed how addicted I had become to the drugs. This was the start of all my woes with the military and a life of shame. Instead of opening my mouth and asking for help, I leaned to my temptations. Under advice of counsel, I elected to leave the military early. I cannot tell you how many times I have desired the chance to do it all over again. But I cannot and so life has not been very easy for me; the sting of disgrace following me year in and year out. The first two years were the hardest because they revealed my pitiful state. With the help of family and friends, I received therapy for the addiction (and continue to do so) and as of this writing, I have not used drugs (other than the prescribed meds in moderation) of any sort in over seven years. I give God the credit and praise for this. I continue to suffer from the muscle spasms and migraines but follow closely with the doctors' advice and recommendations.

I am a Christian, law-abiding citizen and a tax payer. I have never been convicted of any felony or crime other than a traffic citation. I have never regretted joining the military,
would do it all over again if it would change my status or even if it were possible. I
whole-heartedly regret the shame that was brought on my family and myself as well as the military. I am deeply sorry and beg the military to forgive me and upgrade me to a














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 Docket No. ND05-00405

“General Discharge Under Honorable Conditions.” I am also requesting a copy of my military medical records.

I pray your mercy in this consideration.

I_ N_ R_ (Applicant)”
Documentation

In a ddition to the service record, the following additional documentation, submitted by the Applicant, was considered:

          Letter of reference from P_ L. L_, Pastor, dated August 5, 2004
         Letter of reference from G_ L. S_ R_, Mother, dated June 10, 2004
         Letter of reference from B_ D. S_, Maternal Grandmother, dated June 10, 2004
         Letter of reference from S_ O_, friend, dated June 9, 2004





































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 Docket No. ND05-00405

PART II – SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):

          Inactive: USNR (DEP)     930126 – 930221           COG
         Active: None
 Periods of Service Under Review:

 Date of Enlistment : 930222       Date of Discharge : 950310

 Length of Service (years, months, days):
                   Active: 02 00 16 (Does not exclude lost time)
Inactive: None

 Age at Entry : 19         Years Contracted : 4

 Education Level : 12      AFQT : 32

 Highest Rate : SN

 Final Enlisted Performance Evaluation Averages (number of marks)

 Performance: 3.3 (2) Behavior: 3.3 (2) OTA : 3.3

 Military Decorations : None

 Unit/Campaign/Service Awards : NDSM

 Days of Unauthorized Absence : 29
Character, Narrative Reason, and Authority of Discharge (at time of issuance)

UNDER OTHER THAN HONORABLE CONDITIONS/IN LIEU OF TRIAL BY COURT MARTIAL, authority: NAVMILPERSMAN, Article 3630650.
Chronological Listing of Significant Service Events:

 940214:            U nauthorized absence from CO, STU FLT TRA Center since on or about
         2400, 94FEB14.

940315:            Surrendered onboard NAS MEMPHIS, TN at 2255, 15MAR94 and placed in
                  restriction in lieu of arrest pending disciplinary disposition (29 days).













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Docket No. ND05-00405

 940324:            NJP for violation of UCMJ, Article 86 (1 Spec): Unauthorized absence.
         Specification 1: Unauthorized absence from on or about 940214 until on
         or about 940315.
         Award: Restriction and extra duty for 30 days (extra duty suspended 6
         months), reduction to E-1 (suspended for 6 months). No indication of
         appeal in the record.
940324:   Retention Warning: Advised of deficiency (Commander’s NJP for Article 86:
         Unauthorized Absence), notified of corrective actions and assistance available,
         advised of consequences of further deficiencies, and issued discharge warning.
941005:   Physical Evaluation Board: Applicant found unfit to perform her duties and
         assigned a disability rating of 10%.

941018:   BUPERS directed the Applicant’s discharge by reason of physical disability.

941208:   Charge referred to special court-martial for violation of the Uniform Code
         of Military Justice (UCMJ) Article 123: Forgery.

941230:   Applicant requested an administrative discharge under other than honorable
         conditions in lieu of trial by court-martial. She consulted with counsel and
         was fully advised of the implications of her request. The Applicant stated
         she understood the elements of the offense(s) with which she was charged,
         and admitted she was guilty of all the charges preferred against her.
         Specifically, she admitted to violating UCMJ, Article 123 Forgery. The
         Applicant stated she was completely satisfied with the counsel she had
         received. The Applicant understood that if discharged under other than
         honorable conditions, it might deprive her of virtually all veterans’ benefits
         based upon her current enlistment, and that she might expect to encounter
         substantial prejudice in civilian life in situations wherein the type of service
         rendered or the character of discharge received therefrom may have a bearing.

950216:   Commander, Training Command, U. S. Atlantic Fleet, approved
         Applicant’s discharge request.





















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 Docket No. ND05-00405

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion
The Applicant was discharged on 19950310 under other than honorable conditions in lieu of a trial by court-martial (A and B) . The Board presumed regularity in the conduct of governmental affairs (C) . 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 (D and E).

Issue 1: Normally, to permit relief, an impropriety or inequity must have existed during the period of enlistment in question . No such impropriety or inequity is evident during the Applicant's enlistment . In a signed statement, the Applicant requested an administrative discharge under other than honorable conditions in lieu of a trial by court-martial . She consulted with counsel and was fully advised of the implications of her request . The Applicant understood that if discharged under other than honorable conditions, it might deprive her of virtually all veterans' benefits based upon her current enlistment, and that she might expect to encounter substantial prejudice in civilian life in situations wherein the type of service rendered or the character of discharge received therefrom may have a bearing . The Applicant stated she understood the elements of the offenses with which she was charged . She admitted she was guilty of violating Article 123, forgery, in that the Applicant wrongfully altered a doctor's prescription . The Applicant's conduct, which forms the primary basis for determining the character of her service, reflects her willful failure to meet the requirements of her contract with the U.S . Navy . Such conduct falls far short of that expected of a member of the U.S . military and does not meet the requirements for an upgrade of her characterization of service . Relief is not warranted.

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 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, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities . As of this time, the Applicant has not provided any documentation for the Board to consider . Relief denied.

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 her discharge at that time . Representation at a personal appearance hearing is recommended but not required.









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Docket No. ND05-00405

Pertinent Regulation/Law (at time of discharge)

A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 22 Jul 94 until 2 Oct 96, Article 3630650, PROCEEDINGS FOR PROCESSING ENLISTED PERSONNEL FOR SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL.

B. A punitive bad conduct discharge may be adjudged for violation of the Uniform Code of Military Justice, Article 123, forgery, upon conviction by a Special or General Court-Martial, in accordance with the Manual for Courts-Martial.

C. 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.

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

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


































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 Docket No. ND05-00405

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 on line 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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