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NAVY | DRB | 2006_Navy | ND0601061
Original file (ND0601061.rtf) Auto-classification: Denied

ex-MMFA, USN
ND06-01061

 Current Discharge and Applicant’s Request :

Application Received:                               20 060620
Narrative Reason for Separation:                          
Character of Service:                               
Discharge Authority :                                MILPERSMAN 3630600
Last Duty Assignment/ Command at Discharge:       USS DETROIT (AOE-4)

Applicant’s Request:
          Narrative Reason change to:                N/A
         Characterization chang e to:               
         Review Requested :                          
Representation:                                             


Decision:

Date of Decision:                                             20 070712
The Discharge shall :                     
                                                     
Regarding p ropriety , the Board found the discharge :      
Regarding e quity , the Board found the discharge :         
Vot e (characterization/reason)                      /
Location of Board:                                  Washington D.C.
Complete Service Record:                                   
Complete Medical Record:                          
Complete Discharge Package:                       



Applicant’s Issues as Summarized by the Board:
 1. Equity -- Personal Problems (father’s death, alcohol, youth)
2. Equity – Post service


Summary of Service :

Prior Service:
 Inactive: USNR (DEP)                                19890324 - 19890515
Active: NONE
Period of Service Under Review :
Date of Enlistment:                                 19890516
Years Contracted :                                   ;      
Date of Discharge:                                  19920910
Length of Service:                                  03 Yrs 03 Mos 25 Days Does not exclude lost time, if any.
Time Lost During This Period:                     
Days Unauthorized Absence:                              
Days Confinement:                                        

Education Level:                                   
Age at this Enlistment:                                    
AFQT:                                                 44
Highest Rate/Rank:                                   MM3

Performance Evaluation Averages (number of marks):
 Performance :                                         3.3 (3)
Behavior :                                            2.5 (3)
OTA :                                                   3.00
Extracted from:
Applicant’s Supporting Documents Other:      

Awards and Decorations (as listed on the DD Form 214):
SEA SERVICE DEPLOYMENT RIBBON, NAVY UNIT COMMENDATION RIBBON, KUWAIT LIBERATION MEDAL, NATIONAL DEFENSE SERVICE MEDAL, SOUTHWEST ASIA DEFENSE MEDAL WITH TWO BRONZE STARS



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

19890920 :        NJP for violation(s) of UCMJ:
         Article 92: Failed to obey a lawful general order by purchasing alcoholic beverage for minors.
         Award: R estriction and extra duty for 7 days.
          No indication of appeal in the record.

 19890920:        Retention Warning: Advised of deficiency (Poor military performance by wrongfully purchasing alcoholic beverage for a minor.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
19891023          NJP for violation(s) of UCMJ:
         Article 86: Failed to go to appointed place of duty on 19890929.
         Article 92: Failed to obey a lawful order by wearing civilian clothes while in a duty status on 19890929.
          Award: Forfeiture of $ 1 00 for 1 month, restriction and extra duty for 14 days.
          No indication of appeal in the record.

 19910522:        Applicant on unauthorized absence 0445-1030.

 19910519:        Applicant on unauthorized absence 0630-0750.

 19910615:        Applicant on unauthorized absence 0530-1015.

 19920125 :        NJP for violation(s) of UCMJ:
         Article 128 (2 specifications) :
         Specification 1: Assault with closed fist on 19920119.
          Specification 2: Assault on Shore Patrol on 19920119 .
          Article 134 : Drunk and disorderly on 19920119.
         Award: Reduction to E-1. Reduction suspended for 6 months .
          No indication of appeal in the record.

 19920309:        Applicant on unauthorized absence 0715-0800.

 19920403:        Reduction awarded at NJP dated 19920125 vacated due to continued misconduct.

 19920403 :        NJP for violation(s) of UCMJ:
         Article 112a (3 specifications):
         Specification 1: Wrongful use of cocaine during the period 19920126 to 19920226 .
         Specification 2: Wrongful use of marijuana during the period 19920126 to 19920226.
         Specification 3: Wrongful use of marijuana on 19920329.
          Award: Forfeiture of $ 44 0 for 2 month s , restriction and extra duty for 45 days.
         No indic ation of appeal in the record.


Medical Record Entries Related to Characterization of Service or Narrative Reason for Separation
 19890927 :        N aval Hospital Great Lakes. Drug Abuse Interview. Alcohol related incident at civilian hotel. Drinks 2-3 x per week, up to 4 or 5 beers. Sets limits with xs – has lost temper when intoxicated. 2 MIP PTE. Admits he’s been drinking a little too much since in the Navy.” Dad and his siblings are alcoholics

 19920203 :        Family Practice Clinic. 23 year old follow up. ETOH eval. Patient presented to med on ship for help with drinking. Patient was seen by DAPA. Patient started drinking more since he lost his father in Sept 91. Patient drank most on weekends h as a ½ pint of cognac a nd 12 beers on Fri/sat. H e would drink less on Sunday . Pat ient was drinking two bottles (40 oz) malt liquor per night. Patient relates alcohol – related black outs every other weekend for the last 2 months. Denies shakes. Some nausea with ETOH. Denies DTs. Denies DUIs. Prior to Navy he had two incidents of “minor in possession of ETOH.” Prior to service he used THC a few times on an experimental basis. Family history for ETOHism in father and cousins. Mom – CM CAGE = ¾. Frequent hangovers. Takes approx 3-4 beers for a buzz and 12 beers plus t w o shots of liquor to get drunk. PMSH = FX r hand. Meds = O. Smoking = 4-5 cigs/d.
         OCC history = engineering on ship. Last drank last night. NJP-2 due to alcohol related incid while in Cuba.
         PE = Gen A20, NAD HEENT – WOIM LCTA
Elements of Discharge: [ IN VOLUNTARY]

Discharge Process :                                 
Date Notified :                                        19920403 Extracted from Commanding Officer’s transmittal letter to Bureau of Naval Personnel.
Reason for Discharge                               
                                                     
                                                     
Least Favorable Characterization:                         
Record Supports Narrative Reason :                         
Date Applicant R esponded to N otification:                 19920404 Extracted from Commanding Officer’s transmittal letter to Bureau of Naval Personnel.
Rights E lected at N otification :
Consult with Counsel                      
Administrative Board                      
Obtain Copies                              
Submit Statement(s) (date)                               
GCMCA Review                               
Recommendation of Commanding Officer (date):     19920417
Discharge directed by (date):                       BUPERS 19920901
Narrative reason directed :                                  
Characterization directed:                                 
Date Applicant Discharged:                         19920910


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 :                              44
         Other Period of Service:                                    0
Related to Post-Service Period:
          Community Service :                                   0
         Education :                                           0
         Employment :                                          0
         Health /Medical :                                       0
         Character Statements:                               0
         Criminal Records Checks:                                    0
         Additional Statements from Applicant:             1
Other Documentation      (Describe Below)                 1

Total Number of Pages:                              46

D escription of Other Documentation:
        Applicant's fathers Certificate of death



Applicant’s Issues as Summarized by the Board:
 1. Equity -- Personal Problems (father’s death, alcohol, youth)
2. Equity – Post service .
Issue 1 (Equity): The Applicant contends that his problems in the Navy can be attributed to the stressors of war, youth, the death of his father, and substance abuse in an attempt to cope with the stated issues . The NDRB recognizes that serving in the U.S. Navy is challenging. Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country. It must be noted that most members of the Navy serve honorably and therefore earn their honorable discharges. In fairness to those members of the Navy, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due. W hile the Applicant may feel that his personal problems were the underlying cause of his misconduct, the record clearly reflects his misconduct and the determination by his command that 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): The Applicant mentions evidence of post service conduct in support of his request for an upgrade. 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 the service. The NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. After a complete review of the entire record, including the evidence submitted by the Applicant, the Board determined that the discharge was appropriate and that the evidence of post-service conduct was not sufficient to mitigate the conduct, which precipitated the discharge. Relief denied.

There is a presumption of regularity in the conduct of Government affairs. This presumption will be applied in any review 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.



Pertinent Regulation/Law

 A. Naval Military Personnel Manual, (NAVPERS 15560C, effective 15 August 1991 until 0 4 March 1993), 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 s 92 (failure to obey order s ), 128 (assault), 112a (use of controlled substance s ).


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, provi ded 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 grante d 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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