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Docket No. ND03-00367

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

 ex-MMFN, USN
Docket No. ND03-00367

Applicant’s Request

The application for discharge review was received on 20021227.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requested a documentary record discharge review.  The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20031205.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain:  GENERAL (UNDER HONORABLE CONDITIONS)/ALCOHOL REHABILITATION FAILURE, authority: MILPERSMAN, Article 3630550.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “I am proud to have served my country on board a United States Submarine.  My record will show that my work was outstanding.  Prior to making E-5 I was chosen to be command advanced by the Captain of the USS POGY.  I regret the actions that caused my discharge, but honestly believe my prior record shows I was an excellent machinist mate.  After my discharge I went to a private therapist that helped me realize that I had a problem with alcohol.  I realized that alcohol caused me to lose a career I truly enjoyed.  Since leaving the Navy I have studied computers and have remained sober.  I hope that my record and my present situation confirm the pride I have for my service.  Thank you.”

Documentation

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

Copy of DD Form 214
Applicant’s Military Performance Evaluations (5 evals)
Citation for outstanding performance, USS POGY (SSN 647) from May 20 to Jun 11, 1995

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	921110 - 930215	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  930216		Date of Discharge:  970523

Length of Service (years, months, days):

	Active:    04  03  08
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 (24 & 15 month extensions)

Education Level:  12			AFQT:  85

Highest Rate:  MM3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.7 (4)	Behavior:  3.85 (4)		OTA:  3.8 (4.0 evals)
                         4.5 (2)		       4.0 (2)		           4.22 (5.0 evals)

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, NASR, SSDR, GCM

Days of Unauthorized Absence:  None 

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

GENERAL (UNDER HONORABLE CONDITIONS)/ALCOHOL REHABILITATION FAILURE, authority:  MILPERSMAN, Article 3630550.

Chronological Listing of Significant Service Events:

941104:	COMSUBRON 3 Medical: Pt is a 21 year old active duty male who self referred for an alcohol evaluation.  Pt was encouraged to do so by his parents, who were concerned.  Pt reports increased alcohol consumption, up from 4 beers/night …..to 6-8 beers/night….  No history of DUI/counseling, but member has driven while intoxicated numerous times.  Positive history of several blackouts.  No family history of alcohol abuse.  Has tried to cut back, somewhat successful if he does not go out.  Continues use with knowledge of dangers/problems.  Has significantly altered relationship with parents.  Most of free time is spent drinking with friends.
	Assessment:  Psych dependent on alcohol.  No physical dependence.
	Plan:  Recommend Level III treatment.

960209:	NJP for violation of UCMJ, Article 86:  Absent without leave on 24 Jan 96;  violation of UCMJ, Article 134:  Drunkenness/incapacitation for duty on 24 Jan96.
	Award:  Forfeiture of $200 per month for 1 month.  No indication of appeal in the record.

960313:	Naval Alcohol Rehabilitation Center Miramar:  22 year old male presents to NARC Miramar for treatment of alcohol dependence.  Last drink – 11 Mar 96.  Must admit to NMCSD because drinking history not verified.  

960410:	Applicant completed Level III and was in aftercare until 20 Apr 97.  [EXTRACTED FROM COMMANDER, SUBRON 11 LETTER OF 22 MAY 97.]

970407:	NJP for violation of UCMJ, Article 86:  Absent from appointed place of duty on 26 Mar 97 and 5 Apr 97; violation of UCMJ, Article 92: Failure to obey a lawful order on 25 Mar 97; violation of UCMJ, Article 134: Drunkenness – incapacitation for performance of duties through prior wrongful indulgence in intoxicating liquor on 5 Apr 97.
	Award:  Forfeiture of $598 per month for 2 months, reduction to E-3, oral reprimand.  No indication of appeal in the record.

970408:	Disqualified for submarine duty by reason of alcohol dependence.  Enlisted submarine designator (SS) removed.  Applicant acknowledged.

970512:	Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of alcohol abuse rehabilitation failure and commission of a serious offense, violation of UCMJ Article 92, (violation of a written order) as evidenced by non-judicial punishment of 7 Apr 97.

970512:	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.

970522:	Commander, Submarine Squadron 11, advised CNP that Applicant was recommended for discharge due to alcohol abuse rehabilitation failure and misconduct due to commission of a serious offense and that Applicant was discharged on 23 May 1997 under honorable conditions (general) by reason of alcohol abuse rehabilitation failure.  Commanding Officer’s comments (verbatim):  “Petty Officer W_ (Applicant) is unsuitable for continued service in the Navy.  He is a Level III treatment/aftercare failure.  He was diagnosed as alcohol dependent and received a written order to abstain form alcohol consumption.  Nevertheless, he violated the order by reporting drunk for duty and consequently received nonjudicial punishment (NJP).  The average rating on his most recent evaluation was 4.29.  However, he has a previous NJP from February, 1996.  It is appropriate that Petty Officer W_ (Applicant) be discharged from the naval service with a characterization of General, Under Honorable Conditions.”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19970523 under honorable conditions (general) due to alcohol rehabilitation failure (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.  A characterization of service of under honorable conditions (general) is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record.  The Applicant’s service was marred by award of nonjudicial punishment (NJP) on two occasions and his failure to rehabilitate from alcohol dependence while on active duty.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service.  An upgrade to honorable is inappropriate.  Relief denied.

The Applicant’s discharge characterization accurately reflects his service to his country.  The discharge was proper and equitable.  Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question.  No such error or inequity is evident 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, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence of a substance free lifestyle, are examples of verifiable documentation that should have been provided to receive consideration for relief, based on post-service conduct.  The Applicant’s evidence of post-service conduct was found not to mitigate the offenses for which he was discharged.  Relief is therefore denied.

The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge.  Representation at a personal appearance hearing is recommended but not required.  

Pertinent Regulation/Law (at time of discharge)

A.  The Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective 
03 Oct 96 until 11 Dec 97, Article 3630550, SEPARATION OF ENLISTED PERSONNEL BY REASON OF ALCOHOL ABUSE REHABILITATION FAILURE.

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 6 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.
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