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NAVY | DRB | 2006_Navy | ND0600791

Original file (ND0600791.rtf) Auto-classification: Denied

Discharge at Issuance and Applicant’s Request :
Application Received:                               20060523
Narrative Reason for Separation:                           Pattern of Misconduct
Character of Service:                                Under Other Than Honorable Condition s
Discharge Authority :                                MILPERSMAN Article 1910-140
Command at Discharge:                               PUB/ORD SAFETY SF NEWPORT, RI

Applicant’s Request :
         Characterization of Service be change d to:       Honorable
         Narrative reason be changed to:          NOT APPLICABLE
         The Applicant requests :                            Documentary review
Representation:                                              None designated

Decision:
Date of Decision:                                             200703 15
The discharge shall remain:                         under other than honorable conditions;
                                                      pattern of misconduct
Location of Board:                                   Washington D.C.
Regarding p ropriety , the Board found the discharge :       Proper
Regarding e quity , the Board found the discharge :          Equitable at ISSUANCE ;
Equity after c onsideration of post-service:      EQUITABLE
Vote :                                                  CHARACTERIZATION: 4-1 NARRATIVE REASON: 5-0
Complete Service Record:                                    Yes
Complete Medical Record:                           Yes
Discharge Package Complete:                        Yes

Summary of Service :
Prior Service:
Inactive:                                            USN R (DEP) 20010614 - 20010919    COG
Active:                            None

Period of Service Under Review :
Age at this Enlistment :                                     18
y ears Contracted:                                            4
Education Level:                                    12
AFQT:                                                 69
Highest Rate:                                        MASN

Date of Enlistment:                                 20010920
Date of Discharge:                                   20030905
Length of Service:                                   0 1 Yrs 11 Mos 16 Days
Time Lost During This Period:                       None


Performance Evaluation Averages (number of marks):
Performance /Behavior/OTA :                          3.0 (2) /         3 .0 ( 2 ) / 2 . 59

Awards and Decorations (as listed on the DD Form 214):
pistol (Sharpshooter), National Defense Service Medal

Disciplinary and Counseling Events :

030717: NJP for violation(s) of UCMJ:
         Article 86: Unauthorized absence. Article 91: Insubordinate conduct. Article 92: Failure to obey order. Award: Forfeiture of $645.00 pay per month for 2 months, restriction for 60 days, reduction to E-2. No indication of appeal in record.

030731 : NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 030731 , tested positive for THC.

0 30807 : NJP for violation(s) of UCMJ:
         Article 112a: On or about 030718 wrongful use of controlled substance. Award: Forfeiture of $575.00 pay per month for 2 months, restriction for 60 days , reduction to E-1. No indication of appeal in record.

030905: Counseling: Advised of being processed for administrative separation for p attern of misconduct. The Applicant was informed he was evaluated by the Substance Abuse Rehabilitation Program (SARP) at Naval Ambulatory Care Center, Newport, Rhode Island on 030902 for drug abuse . The Applicant acknowledged being assessed as cocaine dependant . The Applicant was offered treatment and he declined.

Medical Record Entries Related to Characterization of Service or Narrative Reason for Separation

030503: Newport Hospital, Rhode Island. Applicant hospitalized until 030505 after being referred by the Naval clinic for suicidal ideation.
         Diagnosis:
         AXIS I: Adjustment disorder with mixed mood and conduct disturbance, resolving.
         AXIS II: None.
         AXIS III: None.
         AXIS IV: Relationship problems.
         AXIS V: GAF=55, improving.
         Recommendation: Reassignment to administrative duties without access to firearms over the next 30 days pending further assessment and counseling.

030902:          Substance Abuse consultation sheet indicates Applicant used cocaine, THC, ecstasy and peyote during his enlistment.
         Diagnosis:
         AXIS I: 1.) Adjustment disorder with mixed disturbance of mood and conduct, resolved May 03.
                  2.) Cocaine Dependence. 3.) ADHD by history.
         AXIS II: No diagnosis (borderline and antisocial features).
         AXIS III: No diagnosis.
         AXIS IV: Routine military.
         AXIS V: GAF=71.
         Recommend outpatient substance abuse treatment.

Elements of Discharge:
Elements of notification:
         Date:                                                          200 30807
Narrative Reason(s):                                         pattern of misconduct
                                                               commission of a serious offense
                                                                        DRUG ABUSE
         Least Favorable Characterization:                                   UOTHC
Does r ecord show Applicant met criteria for narrative reason(s):         NO. Discharge warning NOT ISSUED
Date Applicant responded to notification:                                   20030807
Rights elected at notification :
Obtain Copies                                                WAIVED
Submit Statement(s)                                          WAIVED
Consult with Counsel                                         WAIVED
GCMCA Review                                                  WAIVED
Administrative Board                                         WAIVED
Recommendation of Commanding Officer (date):                       NOT APPLICABLE: LOCAL SEPARATION
Discharge directed by:                                                CO, NAVAL STATION NEWPORT
Date discharge directed:                                                       20030905
Narrative reason directed:                                                     MISCONDUCT – PATTERN OF MISCONDUCT
Characterization of directed:                                        UOTHC

Propriety and Equity

After a thorough review of the Applicant’s Summary of Service, Disciplinary, and Counseling Events, Medical Record Entries, Elements of Discharge and documentation submitted by the Applicant, the Board found no impropriety or inequity in the Applicant’s characterization of service or narrative reason for separation at the time of issuance and after consideration of post-service conduct.

The evidence of record shows that the Applicant’s administrative separation processing was not in accordance with applicable regulations. Specifically, the Applicant was not issued a retention warning and the Applicant’s Commanding Officer did not have the authority to discharge the Applicant under other than honorable conditions. However, the Board determined that the errors in the Applicant’s administrative processing were not prejudicial to the Applicant and therefore afford him no relief. Relief is not warranted .

Applicant’s Issues:
1. Youth and immaturity.
2. Aside from drug use, otherwise honorable service.
3. Post-service conduct and achievements.
4. Employment and future opportunities.

Acceptance of Applicant’s Issues:
The board accepted issues 1, 2 and 3 for consideration. Issues identified as propriety issues by the Applicant are considered solely as a matter of propriety. Issues which are not identified as equity or propriety issues by the Applicant are considered under the equity provision.

Board Response:
Issue 1 ( Equity ) : The Applicant contends that his character of service should be changed because he was twenty years old. While he may feel that his immaturity 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.

Issue 2 (Equity). 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 two nonjudicial punishment proceedings for violations of Articles 86, 91, 92 and 112a 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. Relief is not warranted.

Issue 3 (Equity). The Applicant implies that his discharge is inequitable because of his post-service accomplishments. 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 may 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 sufficient post-service documentation that would mitigat e the misconduct that resulted in the characterization of discharge. The Applicant’s discharge remains equitable after consideration of post-service behavior. Relief is not warranted.

Regarding the Applicant’s issue 4, t he Board determined that this issue is not an issue which can form the basis of relief for the Applicant.. The Applicant is directed to the Addendum regarding these issues .

Documentation submitted by the Applicant and considered by the Board
Applicant’s DD 214 (mEMBER 1 AND 4) (2)
aPPLICANT’S TRAVEL CERTIFICATE, DATED SEPTEMBER 5, 2003 (2)
tWO PAGES FROM APPLICANT’S SERVICE RECORD (2)
CERTIFICATE OF PROMOTION TO SEAMAN APPRENTICE, DATED SEPTEMBER 20, 2001 (2)
CERTIFICATE OF INSTRUCTION FOR EMERGENCY VEHICLE OPERATIONS, DATED MARCH 24, 2003 (2)
CERTIFICATE OF INSTRUCTION FOR ASP COLLAPSIBLE BATON, BASIC CONCEPTS AND TECHNIQUES, DATED MAY 2, 2002 (2)
CERTIFICATE OF INSTRUCTION FOR AEROSOL SUBJECT RESTRAINT, DATED MAY 3, 2002 (2)
CERTIFICATE OF COMPLETION OF LAW ENFORCEMENT SPECIALIST, DATED MARCH 1, 2002 (2)
CERTIFICATE OF COMPLETION OF PHASE I AND II OF THE NAVAL SECURITY FORCE TRAINING aPRIL 22 - MAY 3, 2002 (2)
CERTIFICATE OF COMPLETION OF nAVY LAW ENFORCEMENT SPECIALIST TRAINING, DATED mARCH 1, 2002 (2)
aPPLICANT’S unofficial TRANSCRIPT, retrieved jUNE 10, 2006 (2 PAGES)
CERTIFICATE OF COMPLETION OF COURSE FOR CERTIFIED FITNESS TRAINER, DATED FEBRUARY 17, 2006
APPLICANT’S AMERICAN RED CROSS FOR STANDARD FIRST AID CARD, DATED DECEMBER 10, 2005
APPLICANT’S AMERICAN RED CROSS FOR INFANT AND CHILD CPR, DATED DECEMBER 10, 2005
“hURT ME AWARD”, DATED mAY 3, 2002
two-page SCREEN SHOT from ADMINISTRATIVE system

Pertinent Regulation/Law
A. Naval Military Personnel Manual Article 1910-140, SEPARATION BY REASON OF MISCONDUCT - PATTERN OF MISCONDUCT.

B . Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety , Para 503, Equity and Para 211, Regularity of Government Affairs .

Corrections to the Applicant’s DD 214

The NDRB did note administrative error(s) on the original DD Form 214 : Block 28, Narrative Reason for Separation, should read: “ PATTERN OF MISCONDUCT .” The Commander, Navy Personnel Command, Millington, TN, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.

ADDENDUM - Information for the Applicant

Complaint Procedures : 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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction . You should read Enclosure (5) of the Instruction 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 Instruction 1332.28 and other Decisional Documents by going online at “ http://Boards.law.af.mil ” .

Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the 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. If a former member has been discharged for greater than 15 years or already been granted a personal appearance hearing, or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

Service Benefits: The Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

Employment/ Educational Opportunities : The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.

Reenlistment/ RE-code: 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. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.

Medical Conditions and Misconduct : DoD disability regulations do not preclude a disciplinary separation. Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons. Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended. The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct, the medical board report is filed in the member’s terminated health record. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one for a physical disability or “PTSD” as requested. Only the Board for Correction of Naval Records can grant this type of narrative reason change.

Board Membership: 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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NAVY | DRB | 2006_Navy | ND0600791

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