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

Docket No. ND00-00631

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

 ex-OSSN, USN
Docket No. ND00-00631

Applicant’s Request

The application for discharge review, received 000418, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a personal appearance discharge review before a traveling panel closest to Greenville, SC.  The applicant did not list any representative on the DD Form 293.  In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington DC area.  The NDRB also advised that the board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 001026.  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 HONORABLE CONDITIONS (GENERAL)/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  Medical records

2.  Transfer records

3.  Service discharge records

4.  Wrongful discharge

Documentation

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

Statement from applicant
Copy of applicant's microfiche
Copy of DD Form 214 (Member 1)

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	890209 - 890312	COG

Period of Service Under Review:

Date of Enlistment:  890313		Date of Discharge:  920318

Length of Service (years, months, days):

	Active:    03  00  06
	Inactive:  None

Age at Entry:  29			Years Contracted:  4

Education Level:  12			AFQT:  56

Highest Rate:  OS3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.13 (3)	Behavior:  2.87 (3)		OTA:  3.53

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM 

Days of Unauthorized Absence:  None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct – commission of a serious offense, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

890314:	Applicant briefed on Navy's policy on drug and alcohol abuse.

910110:	NJP for violation of UCMJ, Article 86: Unauthorized absence on 13Dec90.
	Award: Restriction and extra duty for 7 days.  No indication of appeal in the record.

910717:	Retention Warning:  Advised of deficiency (Abuse of alcohol which required you to attend Level III treatment.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 
	
920108:	CAAC interview: Diagnosis: Psychologically dependent on alcohol.  Recommendation: Administrative separated as a rehabilitation failure at the earliest opportunity.

920115:	Drug/ETOH dependency evaluation: A: ETOH psychologically dependent.  P: AA/NA recommend 5 times a week.  VA for further eval.

920127:	NJP for violation of UCMJ, Article 111: Wrongfully operate a vehicle, to wit: a passenger car, while drunk onboard NAVSUBASE NLON on 1Jan92.
	Award: Red to OSSA.  Reduction suspended for 6 months.  No indication of appeal in the record.

920130:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of alcohol abuse rehabilitation failure and misconduct due to the commission of a serious offense, drunken driving.

920203:  	Applicant advised of his rights and having consulted 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 submit statements.  Applicant's statement found in service record.

920206:	Applicant declined VA Alcohol Rehabilitation Treatment Program.

920213:	Commanding officer recommended discharge under honorable conditions (general) by reason of misconduct due to the commission of a serious offense.  Commanding officer’s comments (verbatim):  OS3 (applicant) is being processed for an administrative separation by reason of alcohol abuse rehabilitation failure and misconduct due to commission of a serious offense, drunken driving.  OS3 (applicant) was evaluated by CAAC on 8 January 1992 and determined to have no potential for future useful service.

	The circumstances of OS3 (applicant's) case deserve special consideration.  Although the offense for which I found him guilty is technically "a serious offense", I do not feel that his offense rises to the spirit of the term as used in MILPERSMAN 3630600.  While Captain's mast was appropriate, it would be unduly harsh to discharge the member with an Other than Honorable.  Therefore, I recommend that OS3 (applicant) be discharged and that the characterization be type warranted by his service record.

920309:	BUPERS directed the applicant's discharge under honorable conditions (general) by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT 
REGULATION/LAW

Discussion

The applicant was discharged on 920318 under honorable conditions (general) for misconduct due to commission of a serious offense (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, the Board found that the discharge was proper and equitable (D and E).

In response to applicant’s issues 1-4, the Board, after careful consideration of the applicant’s service record and other evidence presented to the NDRB, determined that relief is not warranted.  To permit relief, an error or injustice must be found to have existed during the period of enlistment under review.  There was nothing in the records, nor did the applicant provide any documentation, to indicate there existed an error of fact, law, procedure, or discretion at the time of discharge.  There was no rights violation and no basis for relief.  The general (under honorable conditions) discharge the applicant received was and is proper and equitable.

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 – COMMISSION OF A SERIOUS OFFENSE.

B.  Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 111, for drunken driving, 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:  A6730/A9321/A9447/A9217