Author: CAP
Last saved by: shirley.robertson
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Docket No. ND04-00390

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

ex-STSSR, USN
Docket No. ND04-00390

Applicant’s Request

The application for discharge review was received on 20040109.  The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions.  The Applicant requests a documentary record 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 20040910.  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: UNDER OTHER THAN HONORABLE CONDITIONS/IN LIEU OF TRIAL BY COURT MARTIAL, authority: NAVMILPERSMAN, Article 1910-106 (formerly 3630650).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “Dear Sirs,

I am submitting this Application for the Review of Discharge or Dismissal from the Armed Forces of the United States due to my issues involving alcohol abuse.  All of my infractions during my tenure in the Navy were alcohol related, as evidenced by my admission into the Level Ill treatment program on two separate occasions.  This included my being sent to Level III in Norfolk by the Captain of the Submarine Squadron Support Unit post my acceptance of a Separation in Lieu of Trial.

Prior to my joining the service, I had no history of problems relating to the use or abuse of alcohol.  However, I quickly encountered an environment that was conducive to excessive alcohol consumption.  My troubles with alcohol progressed rapidly and I was sent to Level III ARC in Jacksonville, FL prior to my completion of STS “A” School.  There I was diagnosed via the DSM IV as having the disease of alcoholism.  Although my disease continued to cause me setbacks in my naval career, I was still able to finish 3^rd  in a class of 117 students in Basic Enlisted Submarine School, achieve the number 2 spot academically out of a class of 27 in Sonar “A” School, and I was able to qualify submarines in just 6 months time.

I am aware that I have already allowed alcohol and my abuse of said substance to ruin, what I believe could have been, a promising naval career.  Yet, I am attempting to do everything within my power to prevent it from sabotaging the remained of, or ultimately, taking my life.

I admit to having continued to struggle with alcohol since being discharged from the Navy, but I am desperately seeking help at this time.  I am currently enrolled in a 90-day program at the New England Shelter for Homeless Veterans.  I am asking to have my discharge upgraded so that I may take advantage of the REACH program that is offered by the VA.  My counselors in the Holding program at NESHV feel that I would be a good candidate for the aforementioned program.  However, due to the nature of my discharge, I am ineligible to participate.

I believe that further intensive treatment is the only way for me to salvage this alcoholic.

Thank you for you time,

S_ M_ M_ (Applicant)”

Documentation

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

Four pages from Applicant’s service record
Letter from New England Shelter for Homeless Veterans, dated December 15, 2003

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	990913 - 990926	COG

Period of Service Under Review:

Date of Enlistment:  990927		Date of Discharge:  020528

Length of Service (years, months, days):

	Active:    02  08  02
	Inactive:  None

Age at Entry:  25			Years Contracted:  4

Education Level:  15			AFQT:  89

Highest Rate:  STSSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  4.00 (2)	Behavior:  1.33 (3)		OTA:  2.50

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

Days of Unauthorized Absence:  93

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

UNDER OTHER THAN HONORABLE CONDITIONS/IN LIEU OF TRIAL BY COURT MARTIAL, authority:  NAVMILPERSMAN, Article 1910-106 (formerly 3630650).

Chronological Listing of Significant Service Events:

000202:	NJP.  No further information found in service record.  [Extracted from NAVPERS 1070/604, Awards.]

000202:	Retention Warning: Advised of deficiency (Failed to obey order or regulation), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

000505:	NJP for violation of UCMJ, Article 92 (4 specs): Failure to obey rule or regulation, violation of UCMJ, Article 112A: Wrongful use of a controlled substance.
	Award: Forfeiture of $563.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2, oral reprimand.  [Extracted from Report and Disposition of offenses dated 010404.]

000724:	Applicant to ARC, Jacksonville, FL.

000822:	Applicant discharge ARC, Jacksonville, FL.  Discharge diagnosis: Alcohol dependence with physiological dependence.

010312:	Applicant completed Level III.

010411:	NJP for violation of UCMJ, Article 86: Failed to go at the time prescribed to appointed place of duty on 0700, 010403-0945, 010404 (2 days) and found unfit for daily duties due to alcohol consumption (BAC .373), violation of UCMJ, Article 80: Attempted absence without leave during a fit for duty examination on 010404.
	Award: Forfeiture of $603.50 per month for 1 month, restriction for 30 days, reduction to E-2.  Reduction suspended for 3 months.  No indication of appeal in the record.

010601:	NJP.  No further information found in service record.  [Extracted from NAVPERS 1070/604, Awards.]

010905:	Applicant missed ship’s movement.

010918:	NJP.  No further information found in service record.  [Extracted from NAVPERS 1070/604, Awards.]

020316:	Applicant to pretrial confinement.

020319:	Charges preferred to special court-martial for violation of the Uniform Code of Military Justice (UCMJ) Article 86 (2 specs): (1) Unauthorized absence from 011203 to 020305, (2) Unauthorized absence from 020315 to 020316, Article 87 (2 specs):  (1) Missing movement on 011208, (2) Missing movement on 020113, Article 92: Derelict in the performance of duty on 020315, Article 111: Drunk on duty on 020315.

020402:	Applicant requested an administrative discharge under other than honorable conditions in lieu of a trial by court-martial.  The Applicant admitted he was guilty of all the charges preferred against him [extracted from Commanding Officer’s Second Endorsement dated 020403].

020408:	From confinement, to duty.

020408:	Commander, Submarine Group 2, exercising GCMCA, approved the request for an administrative separation in lieu of a trial by court-martial, and directed Applicant’s discharge.

020423:	Applicant to Level III alcohol dependence treatment.
 
020517:	Applicant completed Level III (second completion).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020528 under other than honorable conditions in lieu of a trial by court-martial (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.  On 20020402, the Applicant requested discharge for the good of the service to escape trial by court-martial.  In the request the Applicant admitted he was guilty of the offenses.  The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions.  Relief denied.

The Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board (NDRB).  There is no requirement or law that grants recharacterization solely on the issue of obtaining Veteran’s benefits and this issue does not serve to provide foundation upon which the Board can grant relief.  

The Applicant’s discharge characterization accurately reflects his service to his country.  Normally, to permit relief, an inequity or impropriety must have existed during the period of enlistment in question.  No such inequity or impropriety 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.  Relief not warranted.

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.  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 29, effective 
11 Jul 2000 until 21 Aug 2002, Article 1910-106 (formerly 3630650), SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL.

B.  A punitive bad conduct discharge may be adjudged for violation of the Uniform Code of Military Justice, Article 80, attempts; Article 86, unauthorized absence; Article 87, missing movement; Article 92, disobey a lawful order; Article 111, drunk on duty; and Article 112a, illegal drug use, upon conviction by a Special or General Court-Martial, in accordance with the Manual for Courts-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 otherwise6 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.