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NAVY | DRB | 2008_Navy | ND0800051
Original file (ND0800051.rtf) Auto-classification: Denied

ex-MMFR, USN
Current Discharge and Applicant’s Request
Application Received: 20071002
Characterization of Service Received:
Narrative Reason for Discharge:
Authority for Discharge: MILPERSMAN

Applicant’s Request:     Characterization change to:
                           Narrative Reason change to: MEDICAL/HONORABLE

Summary of Service

Prior Service:
 Inactive: US N R (DEP)      19980224 - 19980603             
Period of Service Under Review:
 Date of Enlistment: 19980604               Period of enlistment : Years             Date of Discharge: 19990723
Length of Service : Yrs Mths 07 D ys      Education Level:         Age at Enlistment:       AFQT: 44
Highest Rank /Rate : MMFA                                       Evaluation marks: Not found in record
 Awards and Decorations ( per DD 214): BATTLE”E”RIBBON

Periods of UA /C ONF : 19990602-19990608 (6 Dys), 19990608-19990615 (7 Dys)

NJP :      19990115: Art icle 92 (failure to obey) . Awarded - and
         19990218 : Art icle 86 (unauthorized absence , 2 specifications ) . Awarded -
19990624 : Art icles 86( unauthorized absence, 2 Spec ifications ), 87( missing movement, 2 Spec ification s) . Awarded - , , and

C C :       19990120 : Disregard a signal light and possession of alcohol by a minor . Sentence – fine plus court cost.

RW:      19990115 for underage drinking violation of UCMJ Article 92.

Administrative Corrections to the Applicant’s DD 214

The NDRB did note an administrative error on the original DD Form 214:

         “ PATTERN OF MISCONDUCT ”
        
The NDRB will recommend to the C ommander, Navy Personnel Command , that the DD 214 be corrected as appropriate.


Types of Documents Submitted

 Related to Military Service:      DD 214:          Service and/or Medical Record:            Other Records:

Related to Post-Service Period:  
         Employment:                        Finances:                          Education /Training :     
         Health/Medical Records:           Substance Abuse:                           Criminal Records:       
         Family/Personal Status:           Community Service:                References:              
        
Additional Statements From Applicant:             From Representat ion :              From Member of Congress:
Other Documentation (Describe)      


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

Applicant’s Issues

 1. Discharge should have been medical/honorable based upon m ental state at discharge .

Decision

Date: 20 08 0207             Location: Washington D.C         R epresentation :

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

 Issue 1 ( ): The Applicant contends that his service characterization is improper because of his diagnosis of personality disorder and his subsequent diagnosis as bi-polar and poly-substance abuser. T he Applicant was administratively processed for separation by reasons of misconduct due to the commission of a serious offense and based on a pattern of misconduct and for the convenience of the government based on personality disorder . During the Applicant’s administrative discharge he was notified of his impending discharge and of his rights to consult counsel and be heard before an Administrative discharge board. The Applicant waived all rights and did not object to his discharge or characterization of service. After assuring co mpliance with MILPERSMAN 1910-140 the separation authority directed the Applicant’s discharge by reason of misconduct due to a pattern of misconduct with a service characterization of other than honorable. N othing indicates that the Applicant’s discharge was in any way inconsistent with the standards of discipline in the United States Navy. A other than honorable characterization of service 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 a retention warning, t hree nonjudicial punishments for violations of UCMJ Articles 8 6 , 87, and 92 and a civilian conviction for disregarding a signal light and possession of alcohol by a minor . These nonjudicial punishments and civil conviction form the basis for the Applicants administrative discharge based on a pattern of misconduct which is defined as t wo or more punishments during the same enlistment. For the information of the Applicant, v iolations of UCMJ Article s 87 and 92 carry a penalty of a dishonorable discharge and up to 2 year s of imprisonment for each specification if adjudicated by a 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 in his characterization of service.

With regard to the Applicant’s request to have his narrative reason for discharge changed the NDRB will change the reason for discharge if such a change is warranted. The MilPersMan designates specific phraseology to be used in block 28 of the DD-214. In the Applicant’s case the separation process was in strict compliance with the Naval Military Personnel Manual. The Applicant was properly processed for separation by reason of misconduct due to a pattern of misconduct . T he separation authority directed that that Applicant be discharged under other than honorable conditions by reason of misconduct due to a pattern of misconduct . The Naval Mi litary Personnel Manual 1910-140 for the period in question direct s that Block 28 contain the phrase “ PATTERN OF MISCONDUCT ” when separating under these conditions. To change the Narrative Reason for Separation would be inappropriate.
In reviewing discharges, the Board presume s regularity in the conduct of g overnment al affairs unless there is substantial credible evidence ( to include evidence submitted by the Applicant ) to rebut the presumption . After a thorough review of the available evidence to include the Applicant’s s ummary of s ervice, m edical and s ervice r ecord e ntries, d ischarge p rocess and evid ence submitted by the Applicant the Board found that

Pertinent Regulation/Law

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 Dec 1997 until 21 Aug 2002, Article 1910-140 (formerly 3630600), 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 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 s of the UCMJ, Article s 87 and 92 .

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 to the Joint Service Review Activity, OUSD (P&R) PI-LP, The Pentagon, Washington, DC 20301-4000 . 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.
Employmen t / 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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