Search Decisions

Decision Text

NAVY | DRB | 2015_Navy | ND1500717
Original file (ND1500717.rtf) Auto-classification: Denied

ex-CTN2, USN
Current Discharge and Applicant’s Request
Application Received: 20150223
Characterization of Service Received:
Narrative Reason for Discharge:
Reenlistment Code:
Authority for Discharge: MILPERSMAN

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

Summary of Service

Prior Service:
Inactive:        USNR (DEP)       20060316 - 20060710     Active:  20060711 - 20110124

Pre-Service Drug Waiver:

Period of Service Under Review:
Date of Current Enlistment: 20110125    Age at Enlistment:
Period of Enlistment: Years Extension
Date of Discharge: 20140815     Highest Rank/Rate: CTN2
Length of Service: Year(s) Month(s) 22 Day(s)
Education Level:        AFQT: 81
Evaluation Marks:        Performance: 3.40 (5)    Behavior: 2.60 (5)      OTA: 3.32

Awards and Decorations (per DD 214):     (2) (2) IDWS LoC

Periods of UA/CONF:

NJP:

SCM:

SPCM:

CC:

Retention Warning Counseling:

- 20140624:      For failure to meet body composition assessment standards.

Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative error(s) on the original DD Form 214:

         “CONTINUOUS HONORABLE ACTIVE SERVICE FROM 060711 UNTIL 110124”

The NDRB will recommend to the Commander, Navy Personnel Command, PERS-312A, that the DD 214 be corrected as appropriate.




Types of Documents Submitted/Reviewed

Related 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:        

Types of Witnesses Who Testified

         Expert:           Character:      



Pertinent Regulation/Law

A. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 29, effective 10 November 2009 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 .



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

Applicant’s Issues

1.       The Applicant contends her discharge is inequitable because her service record could only be described by an Honorable discharge characterization.

Decision

Date: 20150827            Location: Washington D.C.        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. In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. The Board did complete a thorough review of the circumstances that led to discharge and the discharge process to ensure discharge met the pertinent standards of equity and propriety. The Applicant’s record of service included NAVPERS 1070/613 (Page 13) warning for her first time failure of the Physical Fitness Assessment standard. The Applicant was processed for administrative separation for Misconduct (Drug Abuse) when she was determined by a substance abuse counselor to be drug dependent for prescribed pain medication. When notified of administrative separation processing using the procedure, the Applicant rights to consult with a qualified counsel, submit a written statement, and request an administrative board. On 16 June 2014, and Administrative Board determined by 2-1 vote that a preponderance of evidence proved Misconduct (Drug Abuse), and recommended the Applicant be administratively separated from the Navy with an Under Honorable Conditions (General) discharge.

: (Decisional) () . The Applicant contends her discharge is inequitable because her service record could only be described by an Honorable discharge characterization. The NDRB noted the Applicant did have a period of service from July 2006 until January 2011 that is characterized as Honorable service and should be indicated as Honorable on her DD Form 214. However, for the Applicant’s current enlistment beginning 25 January 2011, the Applicant was processed for administrative separation due to a reason of Misconduct (Drug Abuse) when her command discovered she was addicted to prescription drugs and was caught by her medical provider abusing prescription drugs. The Applicant was admitted to Level III in-patient substance rehabilitation treatment/program, but failed treatment when she repeated her misuse of prescription drugs while enrolled in her substance abuse rehabilitation program. An Administrative Board was convened to hear all the evidence in her case, and determined by majority vote that the preponderance of evidence proved her drug abuse and misconduct. The Board voted 3-0 to recommend the Applicant be discharged with an Under Honorable Conditions (General) discharge. The Applicant’s legal counsel submitted a Letter of Deficiency to the Separation Authority (SA) on the Applicant’s behalf, which was reviewed and rebutted by the Staff Judge Advocate to the SA. The SA determined that separation was warranted and that characterization of service should be Under Honorable Conditions (General). The NDRB determined that the Applicant’s discharge is proper and equitable as issued. Relief denied.

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 remain UNDER HONORABLE CONDITIONS (GENERAL) and the narrative reason for separation shall remain MISCONDUCT (DRUG ABUSE).

The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of discharge. The Applicant is directed to the Addendum for additional information.


ADDENDUM: Information for the Applicant

 Complaint Procedures : If you believe 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 : 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. 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. There are veterans organizations such as the American Legion and the Disabled American Veterans that are willing to provide guidance to former service members in their efforts to obtain a discharge upgrade. If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted their opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490 , or http://www.secnav.navy.mil/mra/bcnr/Pages/default.aspx for further review.

 Service Benefits: The U.S. Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not the NDRB. 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 NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the NDRB’s review to a determination of the propriety and equity of the discharge.

 Reenlistment/RE-code: Effective 6 February 2015, the NDRB is authorized to change a NDRB Applicant’s Reenlistment Code if related to an accompanying change in discharge characterization or narrative, but this authority is strictly limited to those cases where an applicant’s narrative reason or characterization of discharge is changed and that change warrants revision of the previously issued reenlistment code. Additionally, the NDRB 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 is processed subsequently for an administrative involuntary separation or is referred to a court martial for misconduct, the disability evaluation is suspended pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct or for any basis wherein an Other Than Honorable discharge is authorized, 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 other medical related reasons. Only the BCNR can grant this type of narrative reason change.

 Automatic Upgrades - There is no law or regulation that provides for an unfavorable discharge to be upgraded based solely on the passage of time or good conduct subsequent to leaving naval service.
Post-Service Conduct : The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. Outstanding post-service conduct, 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, is considered during Board reviews. Documentation to support a post-service conduct upgrade includes, but is not limited to: a verifiable continuous employment record; marriage and children’s birth certificates (if applicable); character witness statements; documentation of community or church service; certification of non-involvement with civil authorities; evidence of financial stability or letters of good standing from banks, credit card companies, or other financial institutions; attendance at or completion of higher education (official transcripts); and documentation of a drug-free lifestyle. The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case-by-case basis to determine if post-service accomplishments help demonstrate in-service misconduct was an aberration and not indicative of the member’s overall character.

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 special 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. The NDRB does not have the jurisdictional authority to review a discharge or dismissal resulting from a general court-martial.

Board Membership: The names and votes of the members of the NDRB 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 | 2013_Navy | ND1301359

    Original file (ND1301359.rtf) Auto-classification: Denied

    After a complete review of the records and the documentation submitted by the Applicant, the NDRB determined PTSD did not mitigate her prescription drug abuse, and her discharge was warranted, proper, and equitable. ” 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. Additionally, the NDRB has no authority to...

  • NAVY | DRB | 2013_Navy | ND1301092

    Original file (ND1301092.rtf) Auto-classification: Denied

    Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of ServicePrior Service: Inactive:USNR (DEP)20030513 - 20040127Active:Pre-Service Drug Waiver: Period of Service Under Review: Date of Current Enlistment: 20040128Age at Enlistment: Period of Enlistment: YearsExtensionDate of Discharge:20070918Highest Rank/Rate: AZ3Length of Service: Year(s)Month(s)22 Day(s)Education Level:AFQT: 64EvaluationMarks:Performance:4.0(4)Behavior:3.51(4)OTA: 3.91Awards and...

  • NAVY | DRB | 2015_Navy | ND1501051

    Original file (ND1501051.rtf) Auto-classification: Denied

    Issue 2: (Decisional) (Equity) RELIEF NOT 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 within 15 years of the Applicant’s date of discharge. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.

  • NAVY | DRB | 2015_Navy | ND1501065

    Original file (ND1501065.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. 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 remain UNDER OTHER THAN HONORABLE CONDITIONS and the narrative reason for separation shall remain MISCONDUCT (DRUG ABUSE). ” Additional Reviews : After a...

  • NAVY | DRB | 2015_Navy | ND1500044

    Original file (ND1500044.rtf) Auto-classification: Denied

    After carefully reviewing the Applicant’s record, and her statement to the NDRB, the NDRB determined that, although the Applicant did use Oxycodone, her Oxycodone use was expressly prescribed to her by medical authorities, and there was no evidence of wrongful use. 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 change to...

  • USMC | DRB | 2005_Marine | MD0501383

    Original file (MD0501383.rtf) Auto-classification: Denied

    Applicant’s medical records indicate she was authorized and prescribed the medication through her military health care provider due to her extensive medical problems. Two command investigations were conducted, per enclosures (12) and (13). At NJP, Applicant was charged under Article 92 for violating SECNAVINST 5300.280 for distributing Amitriptyline, a prescription drug, an act which was not an offense under the UCMJ, which constitutes prejudicial error.

  • NAVY | DRB | 2009_Navy | ND0902599

    Original file (ND0902599.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...

  • NAVY | DRB | 2008_Navy | ND0801285

    Original file (ND0801285.rtf) Auto-classification: Denied

    Illegal drug use cannot be tolerated by any member of the U. S. Navy regardless of grade or time in service and is a chargeable offense under the Uniform Code of Military Justice (UCMJ) as a violation of Article 112a (Drug use). The Board determined an upgrade or change would be inappropriateAfter a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found ADDENDUM:...

  • NAVY | DRB | 2011_Navy | ND1101087

    Original file (ND1101087.rtf) Auto-classification: Denied

    After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the NDRB discerned an impropriety in the discharge action and inequity in the characterization of the Applicant’s service. ” 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. A request for a waiver can be...

  • NAVY | DRB | 2014_Navy | ND1400656

    Original file (ND1400656.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.In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include...