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NAVY | DRB | 2006_Navy | ND0600195
Original file (ND0600195.rtf) Auto-classification: Denied


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


 FOR OFFICIAL USE ONLY

ex-GSEFR, USN
Docket No. ND06-00195

Applicant ’s Request
The application for discharge review was received on 20051107 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable . 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 20060926 . 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 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:
“ Please consider an upgrade due to my service record. I was a combat veteran highly recommended for retention and advancement and I am convinced PTSD caused me to self medicate. I always tried to be the best soldier I could be
 Thank you ”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant , was considered:
Applicant ’s DD Form 214
 Letter from the Applicant , dtd February 26, 2006
 Two pages from Applicant ’s service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19880405 - 198804 05       COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 198804 06              Date of Discharge: 19920605

Length of Service (years, months, days):

         Active: 04 01 19 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 4 2 day s
         Confinement:              3 day s

Age at Entry: 1 7

Years Contracted: Undetermined

Education Level: Unknown                            AFQT: Unknown

Highest Rate: GSE 3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.7 ( 4 )                       Behavior: 3.6 ( 4 )        OTA: 3 . 65

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Armed Forces Expeditionary Medal, National Defense Service Medal, Sea Service Deployment Ribbon , Southwest Asian Campaign Medal with Two Bronze Stars, Navy Unit Commendation Ribbon, Kuwait Liberation Medal


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

UNDER OTHER THAN HONORABLE CONDITIONS/ Misconduct - commission of a serious offense , authority: MILPERSMAN, Article 3630600.
Chronological Listing of Significant Service Events :

880411 :  Applicant briefed on Navy's policy of drug and alcohol abuse.
880421:  Applicant advised of being identified, through urinalysis testing, to be a drug abuser. Applicant placed on a drug urinalysis surveillance program and tested on a regular basis during the remainder of assignment in the accession training pipeline not to exceed 180 days from entry on active duty. Applicant advised that a second drug abuse incident will result in immediate processing for separation from the naval service.
900718:  Applicant to unauthorized absence at 0530 .
900724:  Applicant missed movement.

 900730:  Applicant from unauthorized absence at 0715 ( 12 days/surrendered).
900803:  CO, NJP for violation of UCMJ, Article 86 – Unauthorized absence (total of 12 days).
Violation of UCMJ, Article 87 : Missing movement.
         Award: Forfeiture of $ 1 00 per month for 2 month s , restriction and extra duty for 3 0 days, reduction to E- 3 . Reduction suspended for 6 months. No indication of appeal in the record.

 900828:  R eduction in pay grade awarded at NJP on 900803 vacated due to continued misconduct. [Extracted from NJP dtd 900828 and NAVPERS 1070/609 , Enlisted Performance Record .]

900828:  CO, NJP for violation of UCMJ, Article 112a: Wrongful use of controlled substance.
Date of Offense: 30 July 90.
         Award: Forfeiture of $ 450.90 per month for 2 month s , restriction and extra duty for 45 days, reduction to E- 2 . No indication of appeal in the record.

 910113:  Applicant restored in rate to GSEFN . [Extracted from NAVPERS 1070/609, Enlisted Performance Record.]

 910816:  Applicant advanced to GSE3. [Extracted from NAVPERS 1070/609, Enlisted Performance Record.]

 920416:  Applicant extended enlistment. [Extracted from NAVPERS 1070/ 6 05, History of Assignments.]
920417:  Applicant to unauthorized absence at 2200 .
920427:  Applicant missed ship’s movement.

 920518:  Applicant from unauthorized absence ( 3 0 days/surrendered).
920520:  CO, NJP for violation of UCMJ, Article 86: (2 specs): Unauthorized absence.
 Violation of UCMJ, Article 87: Missing movement.
Violation of UCMJ, Article 112A: Wrongful use of a controlled substance.
Date of offenses : 92 Apr 17, 92 Apr 27, 92 May 13, and 92 May 19.
         Award: Forfeiture of $ 6 00 per month for 2 month s , restriction and extra duty for 45 days, reduction to E- 3 . No indication of appeal in the record.
920527:  CO, NJP for violation of UCMJ, Article 86 ( 7 specs): Unauthorized absence.
         Date of offenses: 20-25 May 92.
          Award: Forfeiture of $ 35 0 per month for 1 month, restriction and extra duty for 35 days, reduction to E- 2 . No indication of appeal in the record.
920603 :  CO, NJP for violation of UCMJ, Article 86 (5 specs): Unauthorized absence.
Violation of UCMJ, Article 134 : Restriction, breaking.
Date of Offenses: 28-29 Jun 92.
         Award: Confinement of bread and water for 3 days, reduction to E- 1 . No indication of appeal in the record.
920605 :  DD Form 214: Applicant discharge d under other than honorable conditions by reason of misconduct due to commission of a serious offense, authority: MILPERSMAN 3630600.

Service Record did not contain the Administrative Discharge package.
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 19920605 by reason of misconduct due to commission of a serious offense (A and B) with a service characterization of under other than 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). The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (E).
The Board construed Applicant’s request to “please consider due to my service record. I was a combat veteran highly recommended for retention and advancement” as raising the issue that his discharge was not warranted by his overall service record. 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. The Applicant’s service was marred by 5 nonjudicial punishment proceedings for violations of Articles 86, 87, 112a and 134 of the UCMJ. 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. The NDRB advises the Applicant that certain serious offenses warrant separation from the Navy in order to maintain proper order and discipline. Violations of Article 87 and 112a are considered serious offenses and a punitive discharge is authorized if adjudged at a special or general court-martial. Relief is not warranted.

In regard to the Applicant’s issue that “PTSD (post-traumatic stress syndrome) caused me to self-medicate,” the Board found that the record clearly reflects Applicant’s willful and repeated misconduct and demonstrated that he was unfit for further service. There is no evidence in the record to support the Applicant’s statement regarding PTSD. 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.

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), effective 15 Aug 91 until
04 Mar 93, Article 3630600, SEPARATION OF ENLISTED PERSONNEL 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 112a, Wrongful use, possession, etc., of controlled substances .

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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