Author: CAP
Last saved by: Margaret L. Ryan
Company: NCPB

Docket No. ND99-00008

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

ex-SA, USN
Docket No. ND99-00008

Applicant’s Request

The application for discharge review, received 981001, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a documentary record discharge review.  The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 990920.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. “I will began by saying that I adulate the United States Navy.  My separation form DD-214 states in box number 11 that my rate was DG-9710 (SA) Electronics Equipment Repairman.  This is the wrong information.  I was never a DG-9710 (SA) Electronics Equipment Repairman.  My DD-214 states upon my release that my rank showed my rank to be an (SA).  I was not a Seaman Apprentice.  My rank upon discharge should have been BMSN after being defrocked from Captain’s Mast.  I would like my discharge from the U. S. Navy to be upgraded on the grounds that my ship’s command did not give me the help I needed for my problem.  Instead, it was stripped from me and block #24 clearly states that my character of service (includes upgrades) box #28 says misconduct – pattern of misconduct.  The word narrative indicates to me that I gave insight to the responsible parties that gave final decision in my specific discharge.  This is ludicrous.  I would never say anything to self incriminate myself or the U. S. Navy.  I thank you for your time.  I will give more detail in document #2 that will also shed more light on my request.”

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Copies of DD Form 214
Letter from applicant dated September 25, 1998
Letter from applicant dated October 23, 1998
Copy of paper titled the fire hose dated May 14, 1988
Eight pages from applicant's service record

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:   None
	Inactive: USNR (DEP)	850702- 850909	COG

Period of Service Under Review:

Date of Enlistment:  850910		Date of Discharge:   890705

Length of Service (years, months, days):

	Active:    03  09  26
	Inactive:  00  00  00

Age at Entry:  21			Years Contracted:  4 

Education Level:  12			AFQT: 25

Highest Rate: BMSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.50 (4)	Behavior:  2.65 (4)		OTA:  2.75

Military Decorations:  None

Unit/Campaign/Service Awards:  SSDR

Days of Unauthorized Absence:  None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct - Pattern of misconduct, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

850912:	Applicant briefed on Navy policy of drug and alcohol abuse.

861006:	Civil Conviction:  General District Court, Newport News, VA for violation of drunk in public on 21 September 1986.
Sentence:  Fined $30.00 plus court costs.
 
861213:	NJP for violation of UCMJ, Article 134:  Drunk and disorderly on 25 November 1986.
	Award:  Forfeiture of $200 per month for 1 month, restriction for 15 days.  No indication of appeal in the record.

861213:	Retention Warning from [USS Theodore Roosevelt (CVN-71)]:  Advised of deficiency (drunk and disorderly conduct), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

870807: 	Screened applicant for drug and/or alcohol abuse this date.  Diagnosed as alcohol dependent and recommended for Level III treatment.

870816:	SNM involved in single vehicle automobile accident in Norfolk ,VA.  
	SN (applicant) apparently drove his vehicle into a telephone pole while grossly intoxicated (BAC = .27%).  Hospitalized for four days.  Charged with reckless driving by the Norfolk police.

870827:	NJP for violation of UCMJ, Article 86 (3 specs): Unauthorized absence from 0700-1215, 17Jul87, failure to go to appointed place of duty on or about 0730, 20Jul87and 0800-1000, 30Jul87.
	Award:  Forfeiture of $150 per month for 1 month, restriction and extra duty for 15 days, reduction to SA.  Reduction suspended for 3 months.  No indication of appeal in the record.

870827:	Retention Warning from [USS Theodore Roosevelt (CVN-71)]:  Advised of deficiency (UA), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

871204:	NJP for violation of UCMJ, Article 92: Failure to obey a lawful order on 871109, violation of UCMJ Article 107: False official statement on 870816, violation of UCMJ Article 86: Failure to go to appointed place of duty on 871110.
Award:  Forfeiture of $369 per month for 1 month, restriction for 30 days, reduction to SA.  No indication of appeal in the record.

871204:	Retention Warning from [USS Theodore Roosevelt (CVN-71)]:  Advised of deficiency (failure to obey a lawful order), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

880628:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 2200-2328, 880619.
Award: Restriction and extra duty for 15 days, reduction to SA.  Reduction suspended for three months.  No indication of appeal in the record.

880728:	SNM screened by CAAC as result of command identified alcohol abuse.  Found to be alcohol dependent but not motivated for treatment.  Potential for further military service is poor.
	  
881128:	Attended Level II treatment from 881128 – 881216.

881221:	Civil Conviction:  [General District Court, Norfolk, VA] for violation of reckless driving and driving with a suspended license.
Sentence:  Fined $450 ($350 suspended) and ordered to DMV clinic and pay $20 court costs.

890123:	Retention Warning from [USS Theodore Roosevelt (CVN-71)]:  Advised of deficiency (Should your record of misconduct due to nonsupport of your dependents continue, and adverse record of minor disciplinary infractions, or worse, will form a pattern of misconduct which cannot be tolerated) notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

890208:	Brief on alcohol incident re:  applicant.  31Oct86 competency for duty examination, found unfit.  1Nov86, was in a fight where he was injured, 25Nov86 CTO for drunk and disorderly, 13Dec86 NJP for drunk and disorderly, 7 Jan87 civil conviction for drunk and disorderly, 1Aug87 CTO for public intoxication, 10Aug87 picked up by police and turned over to medical; medical recommended level II treatment, 16 Aug87 incident report received for Portsmouth Naval Hospital indicating a BAC of .27, 2Oct87 medical officer's screening citing blackouts and alcohol binges, recommending level III treatment.  Attended level II treatment from 28Nov to 16 Dec88...Pending NJP for violation of UCMJ Article 92, failure to obey a lawful order....CAAC evaluation/recommendation:  Dependent.  Medical officer recommendation:  Dependent.  DAPA recommendation:  SNM has more alcohol related incidents than the majority of the crew combined.  He was given an opportunity in level II treatment to make an attempt to change his life.  He met the minimum requirements for the group process. SN (applicant) will manipulate any situation to suit his own selfish needs.  The Navy has met its obligations in its attempt to rehabilitate him.  It's recommended SNM be separated as soon as possible and offered VA treatment.

890209:	NJP for violation of UCMJ, Article 92: Failure to obey a lawful order on 890126.
Award:  Forfeiture of $391 per month for 2 months, restriction and extra duty for 45 days, reduction to SA.  No indication of appeal in the record.

890306:	USS Theodore Roosevelt (CVN-71) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of alcohol abuse rehabilitation failure, by reason of misconduct due to commission of a serious offense and by reason of misconduct due to a pattern of misconduct.

890306:  	Applicant advised of his rights and having not consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

890310:	An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to a pattern of misconduct, has committed misconduct due to commission of a serious offense and had committed misconduct due to alcohol abuse rehabilitation failure.  The also found that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

890311:	Drug and Alcohol Abuse Report: Alcohol abuse, 4-7 times per week, ashore off duty, 890127.  DAPA and physician found applicant dependent and recommended separate via VA hospital.  Commanding officer recommended separate via VA hospital.
  
890329:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due commission of a serious offense, misconduct due to a pattern of misconduct and by reason of alcohol abuse rehabilitation failure.  Commanding officer’s comments:  “SA (applicant) has been given every opportunity to complete his enlistment honorably, but he has failed time and again to respond to counseling. He should be discharged in accordance with the board's recommendations.  Enclosures (4) and (5) indicated SA (applicant) is psychologically dependent on alcohol.  Recommend he be offered VA treatment prior to separation.”  

890421:	CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

890511:	Applicant advised of right to 30 days in-patient treatment at VA hospital prior to discharge due to Alcohol and/or drug dependency.  Applicant elected in-patient treatment prior to discharge.
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 890705 under other than honorable conditions for misconduct due to a pattern of misconduct (A).  The Board presumed regularity in the conduct of governmental affairs (B).  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

Applicant noted Blocks 4a and 11 and of his DD214 are in error.  The Board advises the applicant to pursue correction of these errors via the Naval Personnel Command, PERS-312, Millington, TN 38055.

The NDRB, under its responsibility to examine the propriety and equity of an applicant's discharge, will change the reason for discharge if such a change is warranted.  The summary of service clearly documents that alcohol abuse was the reason the applicant was discharged.  The Board believes the applicant was afforded multiple opportunities to address this problem, including attendance at Level II alcohol abuse treatment.   Further, applicant elected in-patient treatment prior to his discharge. Accordingly, the Board will not provide relief as requested by the applicant. 

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560A, Change 7, effective 25 May 89 until 20 Aug 89), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT - A PATTERN OF MISCONDUCT. 

B.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT

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 Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive.  You should read Enclosure (5) of the Directive 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 obtain a copy of DoD Directive 1332.28 by writing to:

		DA Military Review Boards Agency
		Management Information and Support Directorate
		Armed Forces Reading Room
		Washington, D.C.  20310-1809

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:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		Washington Navy Yard
		720 Kennon St SE Rm 309
		Washington, D.C.  20374-5023

The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX:A6750/A9213/A9309/A9319/A0147