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NAVY | DRB | 2006_Navy | ND0601054

Original file (ND0601054.rtf) Auto-classification: Denied

ex-SA, USN
ND06-01054

Current Discharge and Applicant’s Request:

Application Received:                               20 0 60809
         Characterization of Service:
         Reason for Discharge:                      -
         Discharge Authority:                       MILPERSMAN 3630600
         Duty Assignment/Command at Discharge:    uss vancouver (lpd-2)

Applicant’s Request:
         Characterization change to:
         Narrative Reason change to:               CONVIENENCE OF THE GOVERNMENT
         Review Requested:
         Representation:
         Issues (as summarized by NDRB):          1.Mental stressors and physical problems which caused my infractions
were not treated during my active s ervice - Propriety
                                                      2 . Equity regarding the characterization of discharge.
                                                      3 . Request upgrade for Veterans benefits.

Decision:

Date of Decision:                                            20 0 7 0706
Location of Board:                                  Washington D.C.
Complete Service Record:
Complete Medical Record:
Complete Discharge Package:

Regarding propriety, the Board found the discharge:
Regarding equity, the Board found the discharge:
(BCD only) The Board found that clemency was:

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall - A PATTERN OF MISCONDUCT .

Summary of Service :

Prior Service:
Inactive: USNR (DEP)                                19880729 - 19880827
         USNR (DEP)                                  19890811 - 19890816 COG
Active: NONE
Period of Service Under Review :
Date of Enlistment:                                 19890817
Years Contracted :                                   ;
Date of Discharge:                                  19910809
Length of Service:                                  01 Yrs 11 Mos 23 Days ^{Does not exclude lost time, if any.}
Time Lost During This Period:

Education Level:
Age at this Enlistment:
AFQT:                                                 34
Highest Rate/Rank:                                   SN

Performance Evaluation Averages (number of marks):
Performance :                                         3.8 (2)
Behavior :                                            3.2 (2)
OTA :                                                   3.60
Extracted from:
Applicant’s Supporting Documents Other:

Awards and Decorations (as listed on the DD Form 214):
SEA SERVICE DEPLOYMENT RIBBON; SOUTHWEST ASIA SERVICE MEDAL WITH STAR; NATIONAL DEFENSE SERVICE MEDAL

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

19900406 :        NJP for violation(s) of UCMJ:
         Article 86 : Absence from appointed place of duty.
         Award: Forfeiture of $ 4 00 for 1 month, confinement on bread and water for 3 days , ARC Level III and start antibuse treatment .
         No indication of appeal in the record.

19901019 :        NJP for violation(s) of UCMJ:
         Article 86: Absence without leave on 199901008.
         Award: R estriction for 10 days.
         No indication of appeal in the record.

19901207 :        NJP for violation(s) of UCMJ:
         Article 128: Assault upon a sentinel.
         Award: R estriction and extra duty for 30 days , reduction to E-2 .
         No indication of appeal in the record.

19901207:        Retention Warning: Advised of deficiency ( Continued abuse of alcohol resulting in additional alcohol-related incidents after completion of Level II treatment.) , notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

19910426 :        NJP for violation(s) of UCMJ:
         Article 134: Drunkenness - incapacitation for performance of duties through prior wrongful indulgence in intoxicating liquor.
         Award: R estriction and extra duty for 30 days.
         No indication of appeal in the record.

19910628 :        NJP for violation(s) of UCMJ:
         Article 134: Drunkenness - incapacitation for performance of duties through prior wrongful indulgence in intoxicating liquor.
         Award: Forfeiture of $ 4 00 for 1 month , restriction and extra duty for 30 days.
         No indic ation of appeal in the record.

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

19900430:        Applicant admitted to Alcohol Rehabilitation Treatment. Diagnosis: Alcohol Dependence.

19900608:        Applicant released from Alcohol Rehabilitation Center: Disposition: Return to full Duty. Discharge
                  Diagnoses: Alcohol Dependence. Prognosis: Poor. It was recommended that patient strictly adhere to the
                  after care program to assist him in continuing to address his alcoholism. Recommendations: Applicant
                  attend five AA meetings per week, Antabuse 250 mg, monitored daily. Attendance at a weekly aftercare
                  group. Attendance at a CREDO weekend workshop.
                  Should the parent command become aware that the patient is not in compliance with the after care
                  Recommendations, it is recommended that appropriate administrative action be taken.

19910410:        Chronological record of medical care: Applicant was asked to do a fitness for duty test after he was thought
                  t o be intoxicated prior to reporting for mess duty. Applicant was found to be intoxicated. Amount ingested
                  was unclear. Applicant had been to level 3 in the past and directed to abstain from alcohol use. He has
                  not been on antabuse. Analysis: Applicant unfit for duty. Disposition: no duty one day. Follow-up
                  19910411.

19910509:        Chronological record of medical care: Applicant was treated by competent medical authority for foot pain
both feet . Prescribed: Motrin for pain , tennis shoes for 5 days and follow-up in 5 days if needed.

19910514:        Follow-up for foot pain: Applicant stated feet still cause discomfort after long periods of standing.
                  Observation: no deformities or visual dislocations to bottoms of feet. Unknown etiology for left and right
                  f oot pain. Prescribed: Motrin for pain , tennis shoe chit x 7 days and follow-up on 19910520.

Elements of Discharge: [ IN VOLUNTARY]

Discharge Process :
Date Notified :                                        19910711
Reason for Discharge


Least Favorable Characterization:
Record Supports Narrative Reason :
Date Applicant R esponded to N otification:                 19910801
Rights E lected at N otification :
Consult with Counsel
Administrative Board
Obtain Copies
Submit Statement(s) (date)
GCMCA Review

Administrative Board Date:                         19910801
Findings and Recommendations:
Reason for Discharge:                               ; ; Vote: 3 TO 0
Reason for Discharge:                               ; ; Vote: 3 TO 0
Reason for Discharge:                               ; ; Vote: 3 TO 0
Separation Warranted:
Recommendation Regarding Separation:              ;
Recommendation Regarding Characterization:       ; V ote: 3 TO 0

Recommendation of Commanding Officer (date):     19910809
Discharge directed by (date):                       COMMANDING OFFICER, USS VANCOUVER (LPD-2)
Narrative reason directed :
Characterization directed:
Date Applicant Discharged:                         19910809

Additional Information Considered by Board

Type of d ocumentation submitted by t he Applicant and considered by the Board

        Document Type                                        #Pages
Related to Period of Service Under Review :
         Service/Medical Record :                            3
         Other Period of Service:                                    0
Related to Post-Service Period:
         Community Service :                                   0
         Education :                                           0
         Employment :                                          0
         Health /Medical :                                     4
         Character Statements:                               0
         Criminal Records Checks:                                    0
         Additional Statements from Applicant:             0
Other Documentation      (Describe Below)                 1

Total Number of Pages:                            8

D escription of Other Documentation:
        Certificateof completion of Dementia Care Specialist Certified Nursing Assistant/Certified Home Health Aide

Applicant’s Issues as Summarized by the Board:
1. M ental stressors and physical problems caused NJP infractions and were not treated during my active duty.
2 . Equity regarding the characterization of discharge.
3 . Request upgrade for Veterans Benefits.

Issue 3 : either which the Board cannot form the basis of relief for the Applicant, or the Board does not have the authority to grant the relief for which the Applicant petitioned. The Applicant is directed to the Addendum regarding .

Decisional Issues:

Issue 1 ( ). When reviewing a discharge, the NDRB does consider the extent to which a medical problem might affect an Applicant’s performance and ability to conform to the military’s standards of conduct and discipline. The NDRB generally does not consider the circumstances surrounding the applicant’s stated condition, the implied non- diagnosis, nor the medical treatment given to the Applicant to be of sufficient nature to excu se the Applicant’s misconduct. Relief is not warranted.

Issue 2 ( ). 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 the member’s military conduct or performance of duty outweigh the positive aspects of the member’s military record. The Applicant’s service was marred by one retention warning, 5 nonjudicial punishment proceedings for violations of UCMJ Articles 86 (unauthorized absence), 128 (Assault) and 134 (Drunkenness – incapacitation for performance of duties) . The A pplicant’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.

In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Medical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge proper and equitable.

Minority Opinion

Not Applicable.

Pertinent Regulation/Law

A. Naval Military Personnel Manual, (NAVPERS 15560A, Change 8 effective 21 August 1989 until 14 August 1991), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT - A PATTERN OF MISCONDUCT.

B . 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 V, Para 502, Propriety and Para 503, Equity.

C. 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 128 (Assault) and 134 (Drunkenness – incapacitation for performance of duties).

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 more than 15 years, has 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, the NDRB is not authorized to change a reenlistment code. 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. 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.

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 indicating a medical disability or “PTSD.” Only the Board for Correction of Naval Records can grant this type of narrative reason change.

Automatic Upgrades - 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 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.

Issues Concerning Bad-Conduct Discharges (BCD ) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief. With respect to a discharge adjudged by a court-martial, the action of the NDRB is restricted to upgrades based on clemency. Clemency is an act of leniency that reduces the severity of the punishment imposed.

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 | ND0601054

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