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Docket No. ND01-00832

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

 ex-HA, USN
Docket No. ND01-00832

Applicant’s Request

The application for discharge review, received 010605, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a documentary record discharge review.  The applicant listed the American Legion as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020517.  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: GENERAL (UNDER HONORABLE CONDITIONS)/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  My discharge was directly caused by a medical condition.  Alcoholism is the reason I was discharged prematurely.  Alcoholics rarely quit drinking on their first try, I am not an unusual case. I was compliant with my treatment plan, as documented in my record.  I feel that my status should be upgraded for this reason.  Prior to my alcohol problems, I was an asset in the Navy.  I had high test scores, received numerous letters of commendation, was Bluejacket of the Quarter, and did well on my evaluations.  Thank you for your consideration in this matter.

2.  (Equity Issue) This former member further requests that the Board include provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of this application.

Documentation

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

Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	970324 - 970819	COG

Period of Service Under Review:

Date of Enlistment:  970820		Date of Discharge:  000929

Length of Service (years, months, days):

	Active:    03  01  10
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 (12 month extension)

Education Level:  12			AFQT:  86

Highest Rate:  HM3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF			Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  Letter of Commendation

Days of Unauthorized Absence:  None

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

GENERAL (UNDER HONORABLE CONDITIONS)/PATTERN OF MISCONDUCT, authority:  NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

Chronological Listing of Significant Service Events:

000419:	Retention Warning:  Advised of deficiency (Failing to go to appointed place of duty, without authority.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

000522:	Applicant found to be alcohol dependent with physiological dependence.
000523:	Applicant to Alcohol Rehabilitation Center, Jacksonville, FL.

000614:	Applicant from Alcohol Rehabilitation.

000713:	NJP for violation of UCMJ, Article 86: Unauthorized absence on 16May00.
	Award: Forfeiture of 1/2 month's pay per month for 2 months, extra duty for 45 days, reduction to HN.  No indication of appeal in the record.

000928:	Vacate reduction to HN awarded at CO's NJP of 13Jul00.

000928:	NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ, Article 92: Disobey a lawful order, violation of UCMJ, Article 134: Drunkenness - incapacitation for performance of duties through prior wrongful indulgence in intoxicating liquor.
	Award: Reduction to HA.  Administrative separation.  No indication of appeal in the record.

000928:	Commanding officer directed discharge general (under honorable conditions) by reason of misconduct due to a pattern of misconduct.

Partial discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 000929 general (under 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).

Issue states that the discharge was caused by his alcoholism.  He states his service prior to his alcoholism was recognized by high marks and commendation.  While the applicant feels his alcoholism contributed to his discharge, the applicant was afforded in patient care for alcoholism.  There is nothing in the record to show the applicant was not responsible for his actions while on active duty and should not have been held accountable.  Relief is not warranted.

Issue 2 states that the former member further requests that the Board include provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of this application.  The applicant failed to provide any documentation to demonstrate that his post service conduct warrants consideration for an upgrade.  Relief is denied.

The applicant 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), Change 18, effective
12 Dec 1997 until Present, Article 1910-140 (formerly 3630600), SEPARATION BY REASON OF MISCONDUCT - 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 view DoD Directive 1332.28 and other Decisional Documents by going online at “afls10.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/A9319/A9201/A9203/A9205/A9221/