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Docket No. ND04-00013

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

ex-SR, USN
Docket No. ND04-00013

Applicant’s Request

The application for discharge review was received on 20031001.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to Medical (mental).  The Applicant requests a personal appearance discharge review before a traveling panel closest to San Antonio, TX.  The Applicant did not list any representative on the DD Form 293.  In the acknowledgement letter, the Applicant 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 20040628.  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 and reason for discharge shall not change.  The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “Upon entering the U.S. Navy, at the age of 19 I was very immature and not having yet been diagnosed with mental problems I had being socially, anxious, depressesive person.  I think what it was I couldn’t handle being in the fast paced enviorment I was in and being around a lot of people, and learning to cope with people, and work well with others.  I was a good worker but believe my social problems were my down fall in the U.S. Navy.  So I turned to a alcohol to handle and try to cope with these problems.  But, it didn’t work out that well, all the trouble I got in was alcohol releated.  And not knowing it, and willing to admit it I developed into an alcoholic.  So I was sick now mentally, and also sink in being an alcoholic.  So I was discharged when I got drunk one night, and went into a TPU barracks room that wasn’t mine and passed out.  I was found by a Senior Chief who turned me in.  So I ask if I could have my discharge upgraded because I was really an undiagnosed sick person and didn’t know it.  I didn’t finally realize it after 6 years of hard drinking after I got out.  So finally being diagnosed and getting sober , I just ask to please consider changing my discharge.  I wish, if I could join back again, but I know that’s impossible.  So I just want to thank you for time to review my application.”
Thank you
H_ B_ (Applicant)

P.S. I am now working at Lackland AFB, San Antonio, TX.  Part – Time

Documentation

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

Applicant’s medical release/physician’s statement

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	960628 - 960924	COG
	Active:   USN 			None

Period of Service Under Review:

Date of Enlistment:  960925		Date of Discharge:  980430

Length of Service (years, months, days):

	Active:    01  06  26
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 

Education Level:  12			AFQT:  58

Highest Rate:  SA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMA*	Behavior:  NMA*		OTA:  NMA*

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  None

*No marks found in Applicant’s service record.

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  NAVMILPERSMAN, Article 1910-142 (formerly 3630605).

Chronological Listing of Significant Service Events:

970303:	NJP for violation of UCMJ, Article 92:  Failure to obey order or regulation.
	Award:  Forfeiture of $450.00 per month for 2 months.  Correctional custody unit for 21 days.  No indication of appeal in the record.

971024:	NJP for violation of UCMJ, Article 86:  (2 Specs) Failure to go to appointed place of duty, violation of UCMJ Article 91:  Insubordinate conduct toward a petty officer, violation of UCMJ Article 117:  Provoking speeches and gestures.
	Award:  Restriction and extra duty for 30 days, reduction to SR.  No indication of appeal in the record.

980126:	CAAC:  Applicant diagnosed alcohol dependent.  Applicant refuses alcohol abuse/dependence treatment.

980206:	NJP for violation of UCMJ, Article 91 (1 Spec):  Insubordinate in conduct Chief Petty Officer; violation of UCMJ Article 134 (2 specs): Spec 1:  consumed alcohol while under the age of 21.  Spec 2: Unlawful entry.
	Award:  Restriction and extra duty for 30 days.  No indication of appeal in the record.

980325:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

980325:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

980407:	Applicant inpatient treatment at a level III, Applicant decline treatment.

980408:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.  Commanding Officer’s comments:  SR B_ (Applicant) was transferred to NAVST Others for separation processing on 980213.  With transfers of these kind, it is very common for the parent command not to transfer all required documents for separation to this command, i.e.  Unit Punishment Book information.  When relying on just Page 13s or Page 7s, important information is often omitted which is needed in our completion of our processing packages.  SR B_ (Applicant’s) continued misconduct renders him unsuitable for continued military service.  By enclosure, (5), he was diagnosed as needing immediate intensive outpatient treatment for his alcohol dependency.  He declined treatment as evidenced by enclosures (6) and (7).  It is highly recommended SR B_ (Applicant) be separated from the naval service with a characterization of other than honorable.

980415:	Commander, Naval Base, Pearl Harbor 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 19980430 under other than honorable conditions 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).

Issue 1.  When the service of a member of U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable.  An Under Other Than Honorable Conditions discharge 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 three nonjudicial punishment proceedings for eight violations of Articles of the UCMJ, to include Articles 86, 91, 92, 117 and 134.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service.  Relief is not warranted.

The Applicant contends that his problems in the Navy can be attributed to his "mental problems,” “immaturity” and abuse of alcohol.  While he may feel that his abuse of alcohol, youth, psychiatric problems, low aptitude scores, deprived background and personal difficulties were the underlying cause of his misconduct, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service.  Neither the evidence of record nor the Applicant’s statements or submissions show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions.  The summary of service clearly documents that misconduct due to commission of serious offense was the reason the Applicant was discharged.  No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged.  The Board could discern no impropriety or inequity and therefore consider his discharge proper and equitable.  Relief 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 documentation to support any claims of post-service accomplishments or any other evidence related to his discharge 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 15560C), Change 18, effective 
12 Dec 97 until 29 March 2000, Article 1910-142  [formerly 3630605]. SEPARATION BY REASON OF MISCONDUCT- COMMISSION OF A SERIOUS OFFENSE.

B.  In Appendix 12 of the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 91, insubordinate conduct, 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.
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