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NAVY | DRB | 2006_Navy | ND0600866

Original file (ND0600866.rtf) Auto-classification: Denied

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

FOR OFFICIAL USE ONLY

ex-MMFA, USN
Docket No. ND06-00866

Applicant’s Request

The application for discharge review was received on 20060614 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions) . 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 20070405 . 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 drug abuse.

PART I - ISSUES AND DOCUMENTATION

Decisional Issues

Equity: Quality of Service

Equity: Post-service

Documentation

In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:

Applicant’s DD Form 214 (Service 2)
Letter from T_ Y_, Dean of Student Services, Yakima Valley Community College, dtd December 19, 2005
Dean’s List Certificate, Fall Quarter, 2005
Letter of Support from D_ M. H_, dtd July 10, 2006
Letter from Applicant’s parents , dtd July 10, 2006

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

         Inactive: USNR (DEP)     19951122 - 19960304       COG
         Active: None

Period of Service Under Review :

Date of Enlistment: 19960305              Date of Discharge: 19980417

Length of Service (years, months, days):

         Active: 0 2 0 1 12 (Does not exclude lost time.)
         Inactive: None

Time Lost During This Period (days):

         Unauthorized absence: 9 day s
         Confinement:              None

Age at Entry: 23

Years Contracted: 4

Education Level: 12                                 AFQT: 58

Highest Rate: MMFN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance: NA*                           Behavior: NA*             OTA: NA*

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Armed Forces Expeditionary Medal, Sea Service Deployment Ribbon

* Not Available

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

UNDER OTHER THAN HONORABLE CONDITIONS/ MISCONDUCT, authority: MILPERSMAN, Article 1910-146, formerly 3630620.

Chronological Listing of Significant Service Events :

951122: Enlistment waiver for 2 non-minor misdemeanors (Reckless Driving) granted .

970506: Applicant to unauthorized absence at 0700 on 970506.

970507: Applicant from unauthorized absence at 0630 on 970507 (23 hours/surrendered).

980305: NAVDRUGLAB, San Diego, CA reported Applicant’s urine sample, received 980223, tested positive for amphetamine/m e thamphetamine.

980330 : NJP for violation of UCMJ, Article 86 : UA from 0700, 980309 until 1630, 980318 .
Violation of UCMJ, Article 112a : Wrongful use of amphetamine/methamphetamine .
         Award: Forfeiture of $ 519. 00 pay per month for 2 month s , restriction and extra duty for 45 days, reduction to E- 2 . No indication of appeal in the record.

980404: Naval Medical Center San Diego Mental Health Services Narrative Summary: Applicant was assessed by competent medical authority.
         Diagnostic Assessment:
         Axis I: Adjustment Disorder with mixed Anxiety and Depressed mood.
         Axis II: Personality Disorder not otherwise specified.
         Axis III: none
         Axis IV: Pending Administrative separation
         Axis V: Current GAF (41-50)

         Plan and Recommendation:
         The patient is discharged to his command.
         The patient is neither suicidal nor homicidal
         The patient is not in need of psychiatric medication at this time.
         The patient i s not in need of further psychiatric treatment at this time.

         Expeditious Administrative Separation is recommended on the following grounds: This member has been diagnosed with a personality disorder of such severity that the member’s ability to function effectively in the military environment is significantly impaired and poses a continuing threat to his and his command’s safety and well-being per NAVMILPERSMAN 32620225.

980415 : Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of misconduct drug abuse and convenience of the government-personality disorder.

980415 : Applicant advised of rights and having elected not to consult with counsel , elected to waive all rights.

980415: Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct drug abuse.

980421 : GCMCA, Commander, Naval Air Force, U.S. Pacific Fleet directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

980430 : Commanding Officer forwarded the administrative discharge package to CNP.

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 19980417 by reason of misconduct due to drug abuse (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).

After thorough review of the Applicant’s record, there is credible evidence in the record that the Applicant used illegal drugs. For the edification of the Applicant, mandatory processing for separation is required for Sailors who abuse illegal drugs. Separation under these conditions generally results in characterization of service under other than honorable conditions. The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

The Applicant is requesting an upgrade based on quality of service equity. 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 one nonjudicial punishment proceedings for violations of Articles 86 (Unauthorized absence) and 112a (Wrongful use of a controlled substance) of the UCMJ. 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 112a is considered a serious offense for which a punitive discharge is authorized if adjudged at a special or general court-martial. 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 is requesting an upgrade base d on post service accomplishments. The following is provided for the edification of the Applicant. Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. There is no law or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving Naval service. 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 should 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 to consider mitigating the misconduct that resulted in the characterization of discharge. 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 . The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 Dec 97 to 19 May 99, Article 1910-146 (formerly 3630620), Separation by Reason of Misconduct - Drug Abuse.

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 of a controlled substance).

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 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 ” .

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 | ND0600866

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