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NAVY | DRB | 2005_Navy | ND0501475
Original file (ND0501475.rtf) Auto-classification: Denied


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


 FOR OFFICIAL USE ONLY

ex-AEAN, USN
Docket No. ND05-01475

Applicant’s Request
The application for discharge review was received on 20050906. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and that the Narrative Reason for discharge be changed to “convenience of the government-personality disorder”. The Applicant requests a documentary record discharge 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 20060614. 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 and the reason for discharge shall not change. The discharge shall remain General (Under Honorable Conditions) by reason of misconduct due to commission of a serious offense .

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application and/or attached document/letter:

“I respectfully request my discharge be upgraded to an Honorable Discharge due to the following issues:

 1. I was diagnosed and found to have a personality disorder.
Under MISPERSMAN 19 10-122, my discharge should have been honorable.

Additionally, since my discharge, I have had extensive blood work completed by an Endocrinologist in an attempt to find a solution to my personality disorder . I was found to have an extremely depressed immune system, which undoubtedly contributed to my medical problem . (See attached medical report.)

2 . My CO brought up minor infractions on my service record that happened over a year before, in a different state during my A-school training . There, I admitted to (1) underage drinking, and (2) unauthorized absence (UA) . I was awarded 7 days restriction, 7 days extra duty, 7 days pay and reduction in rank . I accepted responsibility for my actions and learned from my mistakes . However, my CO separated me under a commission of a serious offense for these infractions.
3 . My infractions were Minor under MISPERSMAN 1910-138, SEPARATION BY REASON OF MISCONDUCT - MINOR DISCIPLINARY INFRACTIONS . “The Characterization of Separation least favorable and accepted characterization is General (Under Honorable Conditions), although Honorable may be assigned if appropriate.”
Additionally, Policy requires at least three minor violations (1) and I only had two minor infractions.

4 . Therefore, I would deeply appreciate it if consideration be given to discharging me under Convenience of the Government-Personality Disorder (MISPERSMAN 1910-122), and to removing Reason of Misconduct - Commission of a Serious Offense (MILPERSMAN 1910-142).”










 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 4)
Administrative Separation Processing Notice, dtd February 24, 2004
Ltr from Commanding Officer, HSL 45, dtd February 25, 2004 (2 pages)
Ltr from AEAN B_ B. D_ (Applicant), dtd February 26, 2004
Exhibit B, Applicant’s Issues for NDRB consideration, undated
Diagnos-Techs, III, Clinical & Research Laboratory, dtd October 21, 2004 (2 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20011031 – 20020211               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 20020212             Date of Discharge: 20040308

 Length of Service (years, months, days):

         Active: 02 00 24
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: None
         Confinement:              None

 Age at Entry: 19

 Years Contracted: 4

Education Level: 12                                 AFQT: 86

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 1.5 (2)              Behavior: 3.0 (2)                 OTA: 3.1

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal


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

GENERAL (UNDER HONORABLE CONDITIONS) /MISCONDUCT, authority: MILPERSMAN, Article 1910-142 (formerly 3630605).

 Chronological Listing of Significant Service Events :

011031:  Pre service felony waiver approved.

 021203:  NJP for violation of UCMJ, Article 86 (Unauthorized Absence), and Article 92 (Failure to Obey Order or Regulation – Underage Drinking).
         Awarded: Reduction in Rate to E2, 7 days restriction and 7 days extra duties. [Extracted from CO, HSL ltr 25 Feb 04.]

021203:  Retention Warning: Advised of deficiency (OIC’s non-judicial punishment on 03 Dec 02 for VUCMJ Article 86, U/A and Article 92, Failure to obey order, under age drinking.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

040206:  Applicant examined by Licensed Independent Practitioner at the Substance Abuse Rehabilitation Program (SARP), Navy Medical Center, San Diego, CA. The Applicant has been diagnosed with a substance use disorder.
         Recommendation: The Applicant should be treated in an Intensive Outpatient Program and continue appointments with Dr. G_ at FMH.
040224:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of commission of a serious offense and by reason of convenience of the government-personality disorder.

040225:  Applicant advised of rights and having consulted with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation and to submit a written statement for consideration by the separation authority.
040225:  Commanding Officer, HSL 45, forwarded the administrative discharge package to Officer in Charge, Personnel Support Activity Detachment. Authority is granted to discharge the Applicant by reason of commission of a serious offense with characterization of service of General (Under Honorable Conditions).



040226:  Applicant submits APPEAL OF ADMINISTRATIVE SEPARATION NOTIFICATION to Commanding Officer, Helicopter Anti-Submarine Squadron 45. Applicant request that consideration be given to his mental health issues in reaching a decision as to his discharge.

040301:  Applicant was examined by Medical Officer and determined to be physically qualified for separation.

040308:  DD Form 214: Applicant discharged with a General (Under Honorable Conditions) by reason of misconduct due to commission of a serious offense with a separation code of JKQ.

         Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20040308 by reason of misconduct due to commission of a serious offense (A and B) with a service characterization of general (under honorable conditions). After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D). The Board presumed regularity in the conduct of governmental affairs (E).
The separation process was in strict compliance with the Naval Military Personnel Manual. In accordance with regulation, when separation processing is warranted for any reason in addition to personality disorder (convenience of the government), dual or multiple processing is required. The Applicant was dual processed for separation by reason of misconduct due to the commission of a serious offense, and convenience of the government due to a diagnosed personality disorder. The Applicant’s misconduct, warranting separation for misconduct due to the commission of a serious offense, is clearly documented in the service record. The separation authority determined that commission of a serious offense most clearly described the reason for discharge. Since no other Narrative Reason for Separation could more clearly describe why the Applicant was discharged, a change would be inappropriate.

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. A general 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. The Applicant’s service was marred by a nonjudicial punishment proceeding for violations of Articles 86 and 92 of the UCMJ. Violations of UCMJ Article 92 are considered serious offenses, which is defined as any offense for which a punitive discharge is an authorized sentence under the UCMJ. Further, the Applicant received a retention warning and was diagnosed with a substance use disorder. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service. Relief 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 additional evidence related to this discharge. 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), re-issued October 2002, effective 22 Aug 02 until 25 April 2005, Article 1910-142 [formerly 3630605], SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE.

B. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 92 (Failure to obey an order or regulation).

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 .

E. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs .

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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