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NAVY | DRB | 2005_Navy | ND0500526
Original file (ND0500526.rtf) Auto-classification: Denied


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

ex-AN, USN
Docket No. ND05-00526

Applicant’s Request
The application for discharge review was received on 20050209. The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to “something that I could re-enlist.” The Applicant requests a personal appearance hearing discharge review before a traveling panel closest to Rantoul, IL. The Applicant did not list any representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington, D.C. Metropolitan 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 20050601. 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 and the reason for the discharge shall not change. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

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

1. “ Change the Re-enlistment code from a 4 to a 3 or a code that would allow a chance to re-enter the Navy. Also change the misconduct to something more suitable.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Consent to Release Personal Records Form, (not dated)
Letter from Applicant, 2 pages, (not dated)
DD Form 149, dated 20041029
Character Reference Letter from D___ P. H___, Senior Minister, Northland Christian       Church dated November 17, 2004
Letter of Recommendation, (not signed) dated February 12, 2004
Reference Letter, (not signed) dated November 18, 2004
Reference Letter from N___ J. W___, (not signed, not dated)
Service Related Documents (20 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     981207 - 990729  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 990730               Date of Discharge: 010907

 Length of Service (years, months, days):

         Active: 02 00 11 (Does exclude lost time)
         Inactive: None

 Age at Entry: 24                          Years Contracted: 4 (24 months extension)

 Education Level: 10(GED)                  AFQT: 37

 Highest Rate: AA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA*                 Behavior: NMA             OTA: NMA

Military Decorations: None

 Unit/Campaign/Service Awards: NER

 Days of Unauthorized Absence: 32

*No Marks made available for review

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-142 (formerly 3630605).

 Chronological Listing of Significant Service Events :

000917:  UA from USS DWIGHT D. EISENHOWER (CVN-69) located at Norfolk, VA at 0630, 000917.

000926:  Applicant surrendered on board USS DWIGHT D. EISENHOWER (CVN-69) at 1500, 000926 (9days/S).

001209:  NJP for violation of UCMJ, Article 123: (2 specifications), Utter checks with insufficient funds (150.00 each).
         Award: Forfeiture of $200.00 pay per month for 2 months( 1 month suspended for 6 months), restriction for 60 days. No indication of appeal in the record.

010119:  Punishment of forfeiture of $200.00 pay per month for 2 months suspended at CO’s NJP of 001209 vacated due to continued misconduct.

010119:  NJP for violation of UCMJ, Article 86: (2 specifications), failure to report to restricted duty personnel muster on time.
         Award: Forfeiture of $100.00 pay per month for 2 months(suspended for 6 months), restriction and extra duty for 5 days. No indication of appeal in the record.

010202:  Punishment of forfeiture of $100.00 pay per month for 2 months suspended at CO’s NJP of 010119 vacated due to continued misconduct.

010202:  NJP for violation of UCMJ, Article 86: (2 specifications), Failure to go to restricted personnel muster.
         Award: Restriction for 2 days. No indication of appeal in the record.

010307:  Command DAPA: AN C___ was originally referred to DAPA as a supervisor referral for coming to work smelling of alcohol. She was screened by CAAC on 000506 and recommend for Level 0.5 IMPACT COURSE. AN C___ completed Level .5 IMPACT treatment on 001120 and received a poor prognosis. She was referred to IKES Psychologist due to suicidal ideation involving alcohol and met diagnostic criteria for alcohol dependency. IKES Psychologist recommended Level III, residential treatment. She was discharged from the formal Level III program due to non compliance. AN C____ has had formal treatment and is considered a rehabilitation failure as well as a repeat offender.

010321:  UA from USS DWIGHT D. EISENHOWER (CVN-69) located at Norfolk, VA at 1500, 010321.

010408:  Applicant surrendered on board USS DWIGHT D. EISENHOWER (CVN-69) at 0001, 010408 (18days/S).

010412:  UA from USS DWIGHT D. EISENHOWER (CVN-69) located at Norfolk, VA at 0645, 010412.

010417:  Applicant surrendered on board USS DWIGHT D. EISENHOWER (CVN-69) at 0645, 010417 (5days/S).

010510:  NJP for violation of UCMJ, Article 86: (2 Specifications), Unauthorized absence.
         Award: Restriction for 30 days, reduction to E-1. No indication of appeal in the record.
010518:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service under other than honorable conditions by reason of misconduct due to the commission of a serious offense and alcohol rehabilitation failure.
010518:  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.
010702:  Commanding Officer recommended discharge under other than honorable conditions by reason of alcohol rehabilitation failure and misconduct due to the commission of a serious offense.

010824:  COMNAVAIRLANT Norfolk, VA authorized the Applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

010907:  Applicant discharged in absentia under other than honorable conditions by reason of misconduct due to the commission of a serious offense per DD Form 214.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged in absentia on 20010907 under other than honorable conditions for misconduct due to commission of a serious offense (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. Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code. Reenlistment policy of the naval service is promulgated by the Commander, Navy Recruiting Command, 5722 Integrity Drive, Bldg 784, Millington, TN 38054. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. An under other than honorable conditions discharge is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. T he Applicant’s service was marred by 4 nonjudicial punishment proceedings for violations of Articles 86 (6 specs of UA for a total of 32 days) and 123A (2 specs of checks, etc., insufficient funds, intent to deceive) of the UCMJ. The punishment of forfeiture of pay, awarded at 2 of the nonjudicial punishment proceedings, was suspended and then subsequently vacated due to continued misconduct. Violation of Article 123A of the UCMJ constitutes a serious offense and substantiates the conduct for which the Applicant was discharged. Further, due to suicidal ideation involving alcohol, a U.S. Navy psychologist examined the Applicant and determined that she met the diagnostic criteria for alcohol dependency. The Applicant was referred to Alcohol Rehabilitation Level III but was subsequently discharged for noncompliance. The Applicant had previously completed the Level 0.5 IMPACT Course; therefore she is designated as a rehabilitation failure and a repeat offender. 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 and falls far short of that required for an upgrade of her characterization of service. Relief is not warranted.

The summary of service clearly documents that misconduct due to the commission of a serious offense was the reason the Applicant was discharged. No other Narrative Reason for Separation more clearly describes why the Applicant was discharged. To change the Narrative Reason for Separation would be inappropriate. Relief based on this issue is not warranted.




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.


 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 31, dated 20 Feb 01, effective 25 Jan 01 until 21 Aug 02, Article 1910-142 [formerly 3630605]. SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE.
B. In Appendix 12 of the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 123A, checks, etc., insufficient funds, intent to deceive, if adjudged at a Special or General Court 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 .



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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