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Docket No. ND00-00734

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

 ex-DCFA, USN
Docket No. ND00-00734

Applicant’s Request

The application for discharge review, received 000518, 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 001214.  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 – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  UCMJ 111 Drunk Driving
     UCMJ 134 Underage Drinking
     UCMJ 134 Drunk & disorderly
     UCMJ 109 Damage to personal properly
     UCMJ 91   Disrespectful towards superior petty officer
     UCMJ 90   Willful disobedience of a noncommissioned officer

All offenses were occurred during drinking occasions.  At no time was I offered counseling.  Since discharge I have had no offenses with law enforcement or discharge from any jobs for alcohol reasons.  I have sought counseling and am now in control of my problem.
  
Documentation

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

Statement from applicant 
Statement from applicant's mother dated February 25, 1997
Character reference dated September 13, 1996
Copy of certificate of achievement dated December 11, 1996
Copy of certificate dated August 24, 1996
Copy of certificate dated January 18, 1997
Copy of certificate dated December 19, 1996
Copy of grade report dated January 24, 1997

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	890324 - 890521	COG

Period of Service Under Review:

Date of Enlistment:  890522		Date of Discharge:  920819

Length of Service (years, months, days):

	Active:    03  02  28
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  73

Highest Rate:  DC3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.40 (4)	Behavior:  3.43 (4)		OTA:  3.60

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, CGSOR, SSDR

Days of Unauthorized Absence:  None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

900810:	NJP [Extracted from Enlisted Performance Record.]  No further information found in service record.]

900810:	Retention Warning:  Advised of deficiency (Larceny of military property.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 
900908:	Retention Warning:  Advised of deficiency (Drunkenness.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 
	
901220:	NJP for violation of UCMJ, Article 111: Operate a vehicle while drunk, violation of UCMJ Article 134: Consume alcoholic beverages while under the legal drinking age.
	Award: Restriction and extra duty for 14 days, reduction to DCFN.  Reduction suspended for 6 months.  No indication of appeal in the record.

920309:	NJP for violation of UCMJ, Article 134: Drunk and disorderly on 3Mar92, violation of UCMJ Article 108: Damage to personal property on 3Mar92.
	Award: Restriction for 10 days, written reprimand.  No indication of appeal in the record.

920309:	Retention Warning:  Advised of deficiency (Drunk and disorderly.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

920330:	NJP for violation of UCMJ, Article 91 (2 specs): (1) Disobedience of a petty officer on 24Mar92, (2) Disrespect to a superior petty officer on 24Mar92.
	Award: Forfeiture of $482.70 per month for 2 months, restriction and extra duty for 45 days, reduction to DCFN.  No indication of appeal in the record.

920521:	NJP for violation of UCMJ, Article 90: Willful disobedience of a superior commissioned officer on 12May92, violation of UCMJ Article 91: Willful disobedience of a non-commissioned officer on 12May92.
	Award:  Forfeiture of $440.25 per month for 2 months, restriction and extra duty for 45 days, reduction to DCFA.  No indication of appeal in the record.

920521:	Applicant identified as an alcohol abuser.  Applicant afforded in-patient treatment.  Applicant declined treatment.

920522:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to the commission of a serious offense.

920522:  	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.

920608:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due pattern of misconduct and misconduct due to the commission of a serious offense. 

920711:	BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

920720:	Applicant placed on administrative leave due to USS TRIPPE (FF-1075) being decommissioned.

920811:	BUPERS directed the applicant's discharge under other than honorable conditions 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 920819 under other than honorable conditions for misconduct due to commission of a serious offense (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).

The applicant’s issue states:  “All offenses were occurred during drinking occasions.  At no time was I offered counseling.  Since discharge I have had no offenses with law enforcement or discharge from any jobs for alcohol reasons.  I have sought counseling and am now in control of my problem.”  The NDRB found, contrary to the applicant’s issue, the applicant was afforded counseling for his abuses of alcohol, and as he was processed for discharge he declined treatment.  Furthermore, the applicant failed to provide documentation supporting his claim of sobriety and other documentary evidence supporting his issue.  Relief is not warranted.

The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at personal appearance hearing is highly recommended.

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.  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 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/A9319/A0145/A9217