ex-CMCN, USN
ND06-00794

BOX I:  Discharge at Issuance and Applicant’s Request:
Application Received:  				20060523. 
Command at Discharge:  				NMCB 74 HP GULFPORT MS
Narrative Reason for Separation:			Misconduct
Character Of Service:				Under Other Than Honorable Conditions
Discharge Authority:				MILPERSMAN Article 1910-146

The Applicant requests: 				Documentary Review
Narrative Reason for Separation be changed to: 	None
Characterization of Service be changed to:  		General (Under Honorable Conditions)
Representation:  					None Designated

Complete Service Record:				Yes
Complete Medical Record:			No
Discharge Package Complete:			No

BOX II:  Decision:
Date of Decision:					20070315
Location of Board:				Washington D.C.
Regarding propriety, the Board found the discharge:	Proper
Regarding equity, the Board found the discharge:	Equitable at ISSUANCE;
after consideration of post-service equity:	Not Applicable	
BCD case:  The Board found that clemency was: 	Not Applicable
Vote:						Unanimous
The Discharge shall change to/remain:		Misconduct/Under Other Than Honorable Conditions

BOX III:  Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative error(s) on the original DD Form 214.  Block 24, Character of Service, should read:  “UNDER OTHER THAN HONORABLE CONDITIONS.”  The Commander, Navy Personnel Command, Millington, TN, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.

BOX IV:  Summary of Service:
Prior Service:
Inactive: USNR (DEP)				20001222 - 20010718	ELS 
	 USNR (DEP)				20010912 - 20010913	COG
Active:   None

Period of Service Under Review:
Age at this Enlistment:  19				Years Contracted:  4 (12-Month Extension)
Education Level:  12				AFQT:  76
Highest Rate:  CM2				

Date of Enlistment:  				20010914
Date of Discharge:				20050729
Length of Service:				03  Yrs  10  Mos  16  Days
Time Lost During This Period:			NONE

Performance Evaluation Averages (number of marks):
Performance/Behavior/OTA:			3.8 (6)/	2.8 (6)    /  3.25

Awards and Decorations (as listed on the DD Form 214):
Navy and Marine Corps Achievement Medal; Combat Action Ribbon; Presidential Unit Citation; Navy “E” Ribbon; Navy and Marine Corps Good Conduct Medal; National Defense Service Medal(2); Global War on Terrorism Expeditionary Medal; Humanitarian Service Medal; Sea Service Deployment Ribbon(2); Navy Rifle Marksmanship Ribbon w/Sharpshooter Device.

BOX V:  Disciplinary and Counseling Events:

UNDATED:	NJP for violation(s) of UCMJ:
	Article 112a: Wrongful use, possession, etc., of controlled substances.  Award:  Forfeiture of ½ months pay for 2 months, restriction and extra duty for 45 days, reduction to E-4.   No indication of appeal in service record.  [Extracted from Evaluation Report and Counseling Record.]

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

Record not available.

BOX VII:  Elements of Discharge:
Elements of notification:				
	Date:							Unknown
Narrative Reason(s):					Unknown
	Least Favorable Characterization:				Unknown
	Commanding Officer’s Intent:				Unknown
Record shows Applicant met criteria for narrative reason(s):		PRESUMED
Date Applicant responded to notification:				Unknown
Rights elected at notification:					
Consult with Counsel					Unknown
Obtain Copies	  					Unknown
Submit Statement(s)					Unknown
GCMCA Review						Unknown
Administrative Board					Unknown
Finding of Administrative Board (date):				Unknown
Recommendation of Commanding Officer (date):			Unknown
SJA review (date):						Unknown
Discharge directed by (date):					Unknown
Narrative reason directed:						Misconduct (presumed)
Characterization of service directed:				Under Other Than Honorable Conditions (presumed)	

BOX VIII:  Decisional Issues
Regardless of an Applicant’s submitted issues, the Board reviews former servicemembers’ discharges for propriety and equity.    In conducting reviews, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption.   

Propriety Narrative:
The Applicant’s service record did not contain a copy of the discharge paperwork.  His record does contain a reference to a nonjudicial punishment for violation of Article 112a.  In his petition to the NDRB, the Applicant does not deny having committed drug abuse.  The Board was satisfied that the basis for discharge existed.  In the absence of evidence to rebut the presumption of regularity, the Board presumed that the Applicant was properly notified of his rights and that discharge procedures were properly followed.  Therefore, the Board found the discharge proper.

Equity Narrative:
Mandatory processing for separation is required for Sailors who abuse illegal drugs.  By regulation, discharge by reason of misconduct due to drug abuse should normally be characterized as under other than honorable conditions.  The Applicant’s service record is marred by award of nonjudicial punishment (NJP) for illegal drug use, thus substantiating the misconduct for which he was separated. The Applicant’s discharge was equitable at the time of issuance.

BOX IX:  Applicant’s Issues and NDRB Response

The Applicant contends that his misconduct was caused by Post Traumatic Stress Syndrome (PTSD).  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 an Applicant’s stated condition nor the medical treatment given to the Applicant to be of sufficient nature to exculpate an Applicant’s misconduct.  The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions.

The Applicant implies that his characterization of service was not warranted by his overall service record.  Despite a servicemember’s prior record of service, certain serious offenses, even though isolated, warrant separation from the Naval service in order to maintain proper order and discipline.  Violation of Article 112a is considered a serious offense and a punitive discharge is authorized if adjudged at a special or general court-martial.

BOX X:  Minority Opinion

None

BOX XI:  Documentation submitted by the Applicant and considered by the Board
Applicant’s DD 214 (Member 1 and 4)
Certificate of Completion of Construction Mechanic Apprentice Course, dated March 2, 2002
Certificate of Completion, dated July 1, 2004
Navy and Marine Corps Achievement Medal Certificate, dated July 12, 2004
Letter of Commendation, dated August 5, 2003
Combat Action Ribbon Certificate, dated July 18, 2004
Evaluation Report and Counseling Report, dated March 14, 2005
Evaluation Report and Counseling Report, dated June 20, 2004
Evaluation Report and Counseling Report, dated June 26, 2005
Evaluation Report and Counseling Report, dated May 7, 2003
Four Pages from Applicant’s Service/Medical Record

BOX XII:  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, and Part V, Para 502, Propriety, Para 503, Equity.

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 greater than 15 years, or already been granted a personal appearance hearing, or has otherwise exhausted his or her opportunities before the NDRB, an Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

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