Author: CAP
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Docket No. ND02-00351

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

ex-AA, USN
Docket No. ND02-00351

Applicant’s Request

The application for discharge review, received 020130, 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 020912.  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, as submitted

1.  To whom it may concern, I am respectfully requesting a review and upgrade of my Other Than Honorable Discharge to an Honorable discharge.  I won't make any excuses for my behavior although I am embarrassed by it, it is all documented in my records.  I realize I ruined a lifelong dream of being in the U.S. Navy due to alcohol abuse.  My alcohol abuse didn't stop with my Navy discharge as you can tell by the Pre sentence investigation I included.  The past 10 years of my life was filled with various arrest and other related problems with alcohol abuse.  As you can also tell by my Pre sentence investigation I was ordered by a Federal Judge to attend a 500 hour Residential Drug and Alcohol abuse program.  I have included a copy of my certificate of completion in this request also I would like for this review to take into consideration during the review, my age, the denial of alcohol dependency. And the fact that I was a young adult that didn't know how to deal with life in general.

To Sum this request up I am asking this review board to read all of the information in my records, the information I presented and what was determined by the U. S. Navy and Drug and Alcohol abuse counseling, to determine my upgrade of discharge.  I would also like to inform this board I am making some positive changes in my life, first by staying sober and attending A.A. second by attending Pensacola, Junior College for Auto Technology on 7 Jan 02.

Thank you for our time on this matter.

Documentation

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

Letter from Licensed Mental Health Counselor dated October 26, 2001
Copy of certificate of completion dated March 8, 2001
Copy of Pre-sentence Investigation Report dated September 21, 1999

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	850921 - 860601	COG

Period of Service Under Review:

Date of Enlistment:  860602		Date of Discharge:  890114

Length of Service (years, months, days):

	Active:    02  07  13
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  39

Highest Rate:  AN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.73 (3)	Behavior:  2.87 (3)		OTA:  2.80

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:

870602:	NJP for violation of UCMJ, Article 134: Drunk and disorderly on 3 May 87.
	Award: Forfeiture of $350 per month for 2 months, restriction and extra duty for 45 days, reduction to AA.  Reduction suspended for 6 months.  No indication of appeal in the record.

870602:	Retention Warning from USS RANGER (CV 61):  Advised of deficiency (You have committed one or more offenses against the Uniform Code of Military Justice (UCMJ), or you have been convicted of (an) offense(s) by civil court.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

880630:	NJP for violation of UCMJ, Article 116: Cause a breach of the peace on 3 May 88.
	Award: Forfeiture of $150 per month for 1 month, restriction and extra duty for 15 days.  No indication of appeal in the record.

881114:	Drug and Alcohol Abuse Report: Alcohol abuse, 1 to 3 times per week, ashore off duty.  CAAC recommended separate from service.  Physician found applicant dependent and recommended separate via VA hospital.  Commanding Officer recommended separate via VA hospital.

881114:	NJP for violation of UCMJ, Article 1 (2 specs): (1) Fail to obey a lawful issued order by a PO1 on 8 Sep 88, (2) Disrespectful in language toward a PO1 on 8 Sep 88, violation of UCMJ, Article 116 (2 specs): Breach of peace at NAS Miramar on 8 Sep 88.
	Award: Forfeiture of $376 per month for 2 months, restriction for 60 days, reduction to AA.  No indication of appeal in the record.

881115:	USS RANGER (CV 61) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by three or more punishments under the UCMJ within the current enlistment, and misconduct due to commission of a serious offense.

881116:	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 the right to a minimum of two working days to respond to the Notice of the Administrative Board Procedure Proposed Action.

881116:	Applicant waived the minimum of two working days to respond to the Notice of the Administrative Board Procedure Proposed Action.

881117:	Commanding Officer, USS RANGER (CV 61) recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to commission of a serious offense.

890105:	CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 890114 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).

Issue 1:  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 the pattern of misconduct for which the Applicant was discharged.  Although the Applicant requests a change in characterization based upon his youth and denial of his alcohol dependency, the Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful disobedience of the orders and directives that regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service.  The record is devoid of evidence that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions.  Relief denied.

Issue 2:  Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question.  No such error or injustice occurred during the Applicant’s enlistment.  Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service.  However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge.  Evidence of continuing educational pursuits, a positive employment record, documentation of community service, certification of non-involvement with civil authorities, credible evidence that the Applicant is drug or alcohol free are examples of verifiable documents that should be provided to receive consideration for clemency, based upon post-service conduct.  The Applicant did not provide sufficient documentation to warrant clemency.  Request denied.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.  The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time.  Representation at a personal appearance hearing is recommended but not required.
Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560A, effective 870615 - 890110), Article 3630600, SEPARATION OF ENLISTED MEMBERS 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 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:  A6710/A9319/A9301/A9221/