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NAVY | DRB | 2005_Navy | ND0501521
Original file (ND0501521.rtf) Auto-classification: Denied


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


 FOR OFFICIAL USE ONLY

ex-HN, USN
Docket No. ND05-001521

Applicant’s Request
The application for discharge review was received on 20050913. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “Hardship/Financial.” 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 20060621. 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 narrative reason for separation 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:

“I served in the U.S. Navy, from Nov 92 till 8/2002 and they still to this day were the best days of my life. I met fantastic people, learned so much and did it while serving my country. During my time in the Navy – I extended/re-enlisted more than once; received more than one honorable discharge and received 2 good conduct awards. I never served time and never had a court-martial - yet I received a very disappointing discharge. When performing Physical Therapy in Virg for my last 5-6 years – no other tech was liked more by his pears and by patients then myself. In 1998 I lost my mother + grandmother within 5 days of the other and my grandfather not to far after. This was all the family I had left being an only child (adopted) and losing my father before serving. I lost everything I had and my career took a hit. I started working more than 1 job and the outside and it was more than frowned upon – but I did what I had to do. I asked to leave the military because of this. I needed to work more and was making more outside. *Please have it in your heart to change my discharge. –Again- I have no serious offenses – No Court Martial – No time served. Please consider – Thank-you.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Ltr from Applicant, undated (2 pages)
Character Reference ltr from J_ L_, U.S.N. Ret., dtd March 4, 2002 (2 pages)
Character Reference ltr from wife, E_ C_, undated
Character Reference ltr from L_ P_, dtd March 5, 2002, not signed

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19921014 – 19931122               COG
         Active: USN                        19931123 – 19951026               HON
         Active: USN                        19951027 – 20001120               HON

 Period of Service Under Review :
Date of Enlistment: 20001121             Date of Discharge: 20020819

 Length of Service (years, months, days):

         Active: 09 08 27
         Inactive: None

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

 Age at Entry: 25

 Years Contracted: 3

 Education Level: 12                                 AFQT: 68

 Highest Rate: HM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 1.0 (1)              Behavior: 1.0 (1)                          OTA: 1.5

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Meritorious Unit Commendation; Good Conduct Medal (2); National Defense Service Medal


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

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

 Chronological Listing of Significant Service Events :

001121:  Reenlisted this date for a term of 3 years.

010206:  Retention Warning: Advised of deficiency (MILPERSMAN ART 1910-140: A set pattern of failure to pay just debts.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
010918:  NJP for violation of UCMJ, Article 134 (2 Specs): Dishonorable failure to pay just debts.
         Specification 1: In that Hospital Corpsman Third Class J_ B. S_ (Applicant), U. S. Navy, Naval Medical Center, Portsmouth, Virginia, on active duty, being indebted to F_ H. M_ & Son, Inc. in the sum of $6,176.0 for funeral expenses, which amount became due and payable on or about 27 January 1998, did at Tidewater, Virginia, from 27 January 1998 to 14 August 2001, dishonorably fail to pay said debt.
         Specification 2: In that Hospital Corpsman Third Class J_ B. S_, U. S. Navy, Naval Medical Center, Portsmouth, Virginia, on active duty, being indebted to A_ A_ in the sum of $700.00 for a personal loan, which amount became due and payable on or about 04 February 2001, did at Tidewater, Virginia, from 04 February 2001, to 14 August 2001, dishonorable fail to pay said debt.
         Award: 30 days CCU (suspended 6 months) and reduction to E-3.
         Applicant Appealed decision on 0111009.
010920:  Applicant’s appeal of NJP to GCMCA, Commander, Navy Region, Mid-Atlantic

010928:  Retention Warning: Advised of deficiency (Violation of UCMJ, Article 134, dishonorably failing to pay just debts.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

011009:  Commander, Naval Medical Center, Portsmouth endorsement on the Applicant’s appeal of NJP.

011019:  Letter from Commander, Navy Region, Mid-Atlantic stating that the Applicant’s appeal was denied.

 020801:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of misconduct due to pattern of misconduct and misconduct due to a commission of a serious offense.

020805:  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.
020808:  Medical evaluation by Psychiatry Service: This patient seen emergently by Emergency Psychiatry Service following incident at command this AM where he voiced suicidal ideation and stated he would shoot himself. Patient is pending Administrative Separation for military would shoot himself. Patient is Pending Administrative Separation for military performance and was brought before a disciplinary review board for unauthorized absence and violation of a direct order not to be employed outside the command. He expresses extreme frustration and sense of betrayal by the Navy and feels that the expected relief of AdSep is now being denied him. He admits that his statement was made in anger and that he has no realistic intention of killing himself. He denies any history of suicide attempts. He has a documented history of depressed mood, irritability, and disrupted sleep dating back to early this year. He was in therapy with LCDR C_ of Psychology, but stopped therapy because he felt it wasn’t helping. He feels entitled to his AdSep, and sees no reason the Navy should deny him. He has a long pattern of acting on his intent regardless of the directing of his command. He will describe at length his exceptional abilities in physical therapy and how the Navy is now underutilizing him. He has multiple episodes of insubordination to seniors that he sees as disrespectful to him.
          Assessment: Narcissistic PD, patient in distress over delay of AdSep. Not actively suicidal or homicidal, but clearly acting out and adamant about having his wants met.
         Plan:
         1. Return to command. Psychiatrically fit for full duty
         2. Recommend Administrative Separation as intended. Would further recommend that this be completed as soon as possible as this member will continue to act out and likely demend excessive command at attention during any period of restriction or confinement. Separation is further supported and recommended per MILPERSMAN Art 1910-122 on the basis of a severe personality disorder.
         3. Return to nearest medical facility if suicidal thoughts recur.
         4. Discussed with HMC S_, Admin Dept Oceana, who will relay to OIC.
         4. Contact LT W_ at NMCP Psychiatry, (phone Number), if any questions or concerns.

 020812:  NJP for violation of UCMJ, Article 92 (2 Specs):
Specification 1: In that HN J_ B. S_ (Applicant), having knowledge of a lawful order or regulation, (NAVHOPPTSVAINST 6300.1D) Sick in Quarters, did on or about 07 May 2002, fail to obey the lawful order or instruction to wit: working second job after being placed SIQ 24 Hours by LT. E_ O. S_ MC/USNR.
Specification 2: In that HN J_ B. S_ (Applicant), having knowledge of a lawful order or regulation, (NAVHOPPTSVAINST 6300.1D) Sick in Quarters, did on or about 08 May 2002, fail to obey the lawful order or instruction to wit: working second job after being placed SIQ 24 Hours by LT. P_ E. Y_ MC/USNR.
Violation of UCMJ, Article 86 (2 Specs):
Specification 1: In that HN J_ B. S_ (Applicant), did, on or about 02 June 2002, without authority, absent himself from his place of duty at which he was required to be, to wit: Military Acute Care Division, Oceana, Virginia Beach, VA, and did remain so absent until on or about 03 June 2002, 0800. (total time UA 1 day)
Specification 2: In that HN J_ B. S_ (Applicant), did, on or about 07 June 2002, without authority, absent himself from his place of duty at which he was required to be, to wit; Military acute Care division, Oceana, Virginia Beach, VA, and did remain so absent until on or about 10 June 2002, 1200. (total time UA 2 days 8 hours)
          Award: Restriction and extra duty for 14 days. No indication of appeal in the record.
020819:  DD Form 214: Applicant discharged General (Under Honorable Conditions) with narrative reason of misconduct due to commission of a serious offense.

 030428:  Commander, Naval Medical Center, Portsmouth, notified Commander, Navy Personnel Command (PERS 832D) that the Applicant was discharged with a general (under honorable conditions) by reason of misconduct due to a civilian conviction and misconduct due to the commission of a serious offense. Commanding Officer’s comments: “HN S_ (Applicant), demonstrated a history of minor unauthorized absences, orders violations and dishonorable failure to pay his debts, despite numerous counseling’s and intervention by the chain of command. HN S_ (Applicant) refused to take responsibility for his actions and comply with Navy core values. Therefore, he was separated from the U.S. Navy on 19 August 2002, pursuant to reference (a).”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20020819 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 records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

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 two retention warnings and two nonjudicial punishment proceedings for violations of Articles 134 (2 specs), 92 (2 specs), and 86 (2 specs) of the UCMJ. Violations of Articles 134 and 92 of the UCMJ are considered serious offenses. 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 NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will change the reason for discharge if such a change is warranted. The Applicant's DD Form 214, Block 28, Narrative Reason for Separation, indicates he was separated for misconduct due to commission of a serious offense. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. To change the Narrative Reason Separation would be inappropriate. Relief is not warranted.

The Applicant contends that his problems in the Navy can be attributed to the death of three close family members during a short period of time. While he may feel that his family situation was the underlying cause of his misconduct, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service. The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

For the information of the Applicant, 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. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

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), 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. 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 134 – dishonorable failure to pay just debts and Article 92 – failure to obey 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 .

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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