Author: CAP
Last saved by: Department of the Navy
Company: NCPB

Docket No. ND00-00253

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

 ex-ADAN, USN
Docket No. ND00-00253

Applicant’s Request

The application for discharge review, received 991214, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to convenience of the Govt.  The applicant requested a personal appearance discharge review hearing before the board in the Washington National Capital Region.  The applicant listed the American Legion as his representative on the DD Form 293.

Decision

A personal appearance discharge review was conducted in Washington, D.C. on 010321.  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 at the time of discharge.  Based on the applicant’s post service conduct, the Board’s vote was 3 to upgrade the character of the discharge to under honorable conditions (general) and 2 to upgrade to honorable.  However, the Board’s vote was 3 to 2 that the reason for discharge shall remain the same.  Therefore, the applicant’s discharge shall be: UNDER HONORABLE CONDITIONS(GENERAL)/Misconduct - Pattern of Misconduct, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  (EQUITY ISSUE)  As the documentary evidence of record supports, this former member opines that his post-service conduct has been sufficiently creditable to warrant the Board’s clemency relief as authorized under provisions of SECNAVINST 5420.174C, enclosure (1), paragraph 9.3.

Documentation

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

Copies of applicant's DD Form 214
Letter from applicant to VFW dated December 6, 1999
Letter from applicant dated November 23, 1998
Navy and Marine Corps Achievement Medal Award
Transmittal of and/or Entitlement to Awards
Letter of Commendation from Battle Force Red Sea
Letter of Commendation from Commander Carrier Airwing THREE
Enlisted Performance Evaluation report from 89Sep02 to 92Oct28
Letter of Recommendation from Christian Psychotherapy Services
Confirmation of Sponsorship and Alcoholics Anonymous attendance
Letter of Recommendation from ETC, undated
Alcoholics Anonymous attendance statement
Character reference from applicant's wife dated November 19, 1998
Letter of recommendation dated January 14, 1998
Letter of recommendation dated September 1, 1998
Letter of recommendation undated
Letter of recommendation dated November 21, 1996
Letter of recommendation dated December 4, 1998
Letter of recommendation November 24, 1998
Letter of recommendation dated December 18, 1998
Letter of recommendation dated December 7, 1998
Letter of recommendation dated January 8, 1998
Official Grade Transcript from Rice Aviation
Official Grade Transcript from Embry-Riddle University
Letter of Appreciation from NAVEUR Youth Recreation Advisor, NAS Sigonella, Italy dated December 9, 1997
Letter of recommendation dated January 9, 1999

PART II - SUMMARY OF SERVICE

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

	Active:   USN			790816 - 830412	HON
			830413 - 851009	HON
		   USN			851010 - 890530	HON
	Inactive: None

Period of Service Under Review:

Date of Enlistment:  890531		Date of Discharge:  921028

Length of Service (years, months, days):

	Active:    03  04  28
	Inactive:  None

Age at Entry:  29			Years Contracted:  2 (26 months extension)

Education Level:  12			AFQT:  33

Highest Rate:  AD2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.70 (4)	Behavior:  3.60 (4)		OTA:  3.80

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SSDR (2), SASM with Bronze Star, NUC (2), KLM, BER, NAM, GCM

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:

890727:	NJP [No further information found in service record.]  [Extracted from Enlisted performance record.]

890815:	NJP for violation of UCMJ, Article 92: Failure to obey a lawful order, violation of 111: Drunken or reckless driving.
	Award: Forfeiture of $362 per months for 1 month, restriction and extra duty for 45 days.

900621:	Letter of substandard performance issued from CNP to include a retention warning and probationary period of 2 years.

920508:	Military Medicine Department: ETOH Screen: A: ETOHism.  Suspected liver damage.  P: Recommend Level II rehab.

920516:	NJP for violation of UCMJ, Article 107: Making false official statement.
	Award: Forfeiture of $200 per month for 1 month, restriction and extra duty for 30 days, reduction to AD3.  Reduction suspended for 6 months.  No indication of appeal in the record.

920516:	Retention Warning from Attack Squadron Seven Five:  Advised of deficiency (Article 107.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

920916:	NJP for violation of UCMJ, Article 86: Unauthorized absence 19Aug92, to wit: meeting onboard USS JFK, violation of UCMJ Article 92: Failure to obey a lawful order on 19Aug92, violation of UCMJ Article 107: False official statement on 19Aug92.
	Award: Forfeiture of $608 per month for 1 month, extra duty for 30 days, reduction to AD3.  No indication of appeal in the record.

920917:	Attack Squadron 75 notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

920917:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation and to make a statement.

920928:	Commanding officer recommended discharge under honorable conditions (general) by reason of misconduct due to a pattern of misconduct and commission of a serious offense.

921016:	BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

941219:	NDRB documentary record review Docket Number ND94-00629 conducted.  Determination:  discharge proper and equitable; relief not warranted.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 921028 under other than honorable conditions for  misconduct due to a pattern of misconduct (A and B).  The Board presumed regularity in the conduct of governmental affairs (C).  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, and in conjunction with the factors listed in paragraph 9.3 of reference (A), it was determined that relief is warranted under equitable grounds even though the discharge was determined to have been otherwise equitable and proper at the time of issuance (D and E).  

In response to the applicant’s issue 1 concerning post service conduct, the Board found that the applicant’s post service accomplishments, consisting of alcohol rehabilitation and aftercare, community service, schooling, and employment were sufficiently creditable to warrant a partial upgrade to discharge characterization to under honorable conditions (general).  

The Board did not vote to upgrade the applicant’s discharge to honorable, as requested by the applicant.  The Board found the applicant’s misconduct while in the service quite significant and extensive.  The applicant had several DUIs, he was brought to CO’s NJP on 4 separate occasions, received a retention warning from his Commanding Officer and a Letter of Substandard Behavior from the Chief of Naval Personnel, placing him on probation for a 2 year period, which he proceeded to violate on at least 2 occasions.  Full relief to honorable is not warranted.

The applicant’s request for a change to the narrative reason for discharge is denied.  The Board found that the applicant was properly processed for administrative separation based on his misconduct due to pattern of misconduct and misconduct due to commission of a serious offense.  The applicant’s narrative reason for discharge was directed by BUPERs as Misconduct-Pattern of Misconduct.  No other Narrative Reason for separation could more clearly describe why the applicant was discharged.  No other reason for discharge would be appropriate.  No relief will be granted for a change to the reason for discharge 

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C, effective 15 Aug 91 until 
04 Mar 93), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – A PATTERN OF MISCONDUCT. 

B.  Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Articles 92, fail to obey an order; 111, drunken driving, 107, false official statements if adjudged at a Special or General Court-Martial.

C.  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.  

D.  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.

E.  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 view DoD Directive 1332.28 and other Decisional Documents by going online at “afls14.jag.af.mil”.  

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
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  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/A9222/A9223