Search Decisions

Decision Text

NAVY | DRB | 2008_Navy | ND0800350
Original file (ND0800350.rtf) Auto-classification: Denied

ex-ABHAR, USN
Current Discharge and Applicant’s Request
Application Received: 20071211
Characterization of Service Received:
Narrative Reason for Discharge: (DRUG ABUSE)
Authority for Discharge: MILPERSMAN

Applicant’s Request:     Characterization change to:
                           Narrative Reason change:

Summary of Service

Prior Service:
 Inactive: US N R (DEP)      20050524 - 20061008             
Period of Service Under Review:
 Date of Enlistment: 20060109               Period of enlistment : Years +         Date of Discharge: 20070518
Length of Service : Yrs Mths 10 D ys      Education Level:                  Age at Enlistment:       AFQT: 57
Highest Rank /Rate : ABHAA          Evaluation marks: Performance: N/A        Behavior: N/A              OTA: N/A
Awards and Decorations ( per DD 214): and


NJP :      20070118 : Violation of UCMJ Art icle 92 ( failure to obey, 3 specs) ; Awarded - , , and
         20070329 : Violation of UCMJ Art icle 112a (wrongful use of a controlled substance); Awarded - and

Retention Warning : 20070118 Violation of UCMJ Article 92

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) National Institute of Mental Health, Bipolar Disorder pages from the internet and
p ages from Bipolar Disorder Demystified



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

Applicant’s Issues

 1. Undiagnosed Bi-Polar.

Decision

Date: 20 08 0313             Location: Washington D.C         R epresentation :

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall MISCONDUCT (DRUG ABUSE) .
Discussion

 Issue 1 ( ): In the Applicant’s letter to the Board he contends that his misconduct was the result of his undiagnosed bi-polar disorder . The government enjoys a presumption of regularity in the conduct of its affairs. The Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his claim. There is no evidence in the record, nor has the Applicant produced any evidence to support his contention of bi-polar . To the contrary the record contains documentation of his use of a controlled substance while on active duty. Even if the Applicant could document his claim this would neither amount to a justification nor to a defense for the Applicant’s own misconduct. The record clearly reflects his willful misconduct which 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.

For the information of the Applicant, c ertain serious offenses warrant separation from the naval service in order to maintain proper order and discipline. The record documents the Applicant’s in-service use of illegal drugs which is the basis for the discharge. S eparation processing is mandatory for Sailors who abuse illegal drugs. Violations of UCMJ Article 112a (wrongful use of a controlled substance) carry a maximum penalty of a dishonorable disc harge and up to five year s of imprisonment if adjudicated by a court martial. The Applicant was notified of his impending administrative discharge and of his rights to consult an attorney and be heard before and administrative discharge board. He waived all rights and di d not object to the separation or to the characterization of service. Discharges resulting from drug abuse normally result in a under other than honorable conditions characterization of service. After ensuring com pliance with MILPERSMAN 1910-146 the discharge authority directed the Applicant’s discharge by reason of misconduct with an overall characterization of service as under other than honorable conditions. N othing indicates that the Applicant’s discharge was in any way inconsistent with the standards of discipline in the United States Navy.


Pertinent Regulation/Law

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 11, effective 29 April 2005 until Present, Article 1910-146, Separation by Reason of Misconduct - Drug Abuse.
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 112a .



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

Similar Decisions

  • NAVY | DRB | 2012_Navy | ND1200483

    Original file (ND1200483.rtf) Auto-classification: Denied

    Types of Documents Submitted/reviewedRelated to Military Service: DD 214:Service/Medical Record:Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Rehabilitation/Treatment: Criminal Records: Personal Documentation: Community Service: References: Department of VA letter: Other Documentation: Additional Statements:From Applicant: From/To Representation:From/ToCongress member: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD...

  • USMC | DRB | 2010_Marine | MD1000818

    Original file (MD1000818.rtf) Auto-classification: Denied

    The Applicant was provided both directed outpatient counseling and managed care along with in-patient hospitalization for treatment of his alcohol abuse, as requested, prior to discharge.Summary: After a thorough review of the available evidence, to include the Applicant’s documentation, summary of service, record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .The Applicant remains...

  • USMC | DRB | 2015_Marine | MD1401592

    Original file (MD1401592.rtf) Auto-classification: Denied

    The Applicant’s record of service included 6105 counseling warnings, for of the Uniform Code of Military Justice (UCMJ): Article 86 (Absent without leave, seven specifications), and Article 92 (Failure to obey order or regulation, 2 specifications), and for of the UCMJ: Article 86 (Absent without leave, 9 specifications including one for 64 days), Article 95 (Resistance, flight, breach of arrest, and escape, 4 specifications), Article 134 (General article), and Article 112a (Wrongful use,...

  • NAVY | DRB | 2011_Navy | ND1100995

    Original file (ND1100995.rtf) Auto-classification: Denied

    ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. 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. Additionally, the NDRB does not have the authority to...

  • NAVY | DRB | 2015_Navy | ND1401729

    Original file (ND1401729.rtf) Auto-classification: Denied

    Representation: By a vote of the Characterization shall .By a vote of the Narrative Reason shall .Discussion The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB...

  • NAVY | DRB | 2006_Navy | ND0600117

    Original file (ND0600117.rtf) Auto-classification: Denied

    030424: An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct- drug abuse and recommended for retention.030706: Commanding Officer, USS VINCENNES (CG-49) recommendation for retention from the Administrative Separation Board by reason of misconduct drug abuse, illegal or wrongful use. 030827: Commander, Navy Personnel Command to Assistant Secretary of the Navy (Manpower and Reserve Affairs)...

  • USMC | DRB | 2011_Marine | MD1101514

    Original file (MD1101514.rtf) Auto-classification: Denied

    Types of Documents Submitted/reviewedRelated to Military Service: DD 214: Service/Medical Record: Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Rehabilitation/Treatment: Criminal Records: Personal Documentation: Community Service: References: Department of VA letter: Other Documentation: Additional Statements: From Applicant: From/To Representation: From/To Congress member: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD...

  • USMC | DRB | 2009_Marine | MD0901904

    Original file (MD0901904.rtf) Auto-classification: Denied

    Regulations limit the NDRB’s review to a determination of the propriety and equity of the discharge.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of discharge. ...

  • NAVY | DRB | 2008_Navy | ND0800344

    Original file (ND0800344.rtf) Auto-classification: Denied

    Applicant’s Request: Characterization change to: Narrative Reason change: Summary of Service Prior Service: Inactive: USNR (DEP)19940630 - 19950618 Period of Service Under Review: Date of Enlistment: 19950619Period of enlistment:4 Years+ 24 month extensionDate of Discharge:19970630Length of Service: 02 Yrs 00Mths12 DysEducation Level: 12Age at Enlistment:18AFQT: 93Highest Rank/Rate:RMSAEvaluation marks:Performance: 2.0 (2) Behavior: 1.5 (2)OTA: 2.09 (2)Awards and Decorations (per DD 214):...

  • NAVY | DRB | 2012_Navy | ND1200961

    Original file (ND1200961.rtf) Auto-classification: Denied

    Types of Documents Submitted/reviewedRelated to Military Service: DD 214:Service/Medical Record:Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Rehabilitation/Treatment: Criminal Records: Personal Documentation: Community Service: References: Department of VA letter: Other Documentation: Additional Statements:From Applicant: From/To Representation:From/ToCongress member: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD...