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Docket No. ND05-00985

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

FOR OFFICIAL USE ONLY

 ex-ET2, USN
Docket No. ND05-00985

Applicant’s Request

The application for discharge review was received on 20050525.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable.  The Applicant requests 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 20051215.  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 and reason for discharge shall not change.  The discharge shall remain General (Under Honorable Conditions) by reason of misconduct due to commission of a serious offense.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

No issues were submitted by the Applicant.

Documentation

In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:

Applicant’s DD Form 214
Letter of Deficiency, unsigned, dtd July 21, 2004 (2 pages)
Evaluation Report and Counseling Record, dtd March 16, 2004
Evaluation Report and Counseling Record, dtd April 20 2004
Statement from Applicant, dtd March 13, 2004
Evaluation Report and Counseling Record, dtd March 12, 2003
Evaluation Report and Counseling Record, dtd March 8, 2002
Evaluation Report and Counseling Record, dtd March 7, 2001
Evaluation Report and Counseling Record, dtd August 25, 2001

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	19920908 - 19930702	ELS
	               USNR (DEP)	19940210 - 19940222	COG
	Active:   USN	19940223 - 19970223	HON
	               USN	19970224 - 20020414	HON

Period of Service Under Review:

Date of Enlistment:  20020415		Date of Discharge:  20040901

Length of Service (years, months, days):

	Active:    02  04  17
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:	None
	Confinement:			None

Age at Entry:  26

Years Contracted:  3

Education Level:  12				AFQT:  67

Highest Rate:  ET2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.50 (4)			Behavior:  2.00 (4)	OTA:  2.86

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  Navy Good Conduct Medal (3), Strategic Deterrent Patrol Pin (5), Sea Service Deployment Ribbon, Armed Forces Expeditionary Medal (2), Navy Expeditionary Medal, National Defense Service Medal, Enlisted Submarine Warfare Breast Insignia

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority:  MILPERSMAN, Article 1910-142 (formerly 3630605).

Chronological Listing of Significant Service Events: 

020415:	Reenlisted this date for a term of 3 years.

021203:	Applicant admitted to Substance Abuse Rehabilitation Program, Naval Hospital, Jacksonville, FL.

021217:	Applicant completed Substance Abuse Rehabilitation Program, Naval Hospital, Jacksonville, FL.  Discharge diagnosis: Alcohol abuse.  Applicant required to participate in Aftercare Program.

040317:	NJP for violation of UCMJ, Article 111:  Drunken or reckless operation of vehicle.
	Award:  Forfeiture of $952 per month for 1 month, reduction to E-4.  Reduction suspended for 6 months.  No indication of appeal in the record.

040430:	Applicant notified of intended recommendation for discharge by reason of commission of a serious offense and alcohol rehabilitation failure.  Applicant notified that the least favorable characterization of service possible is general (under honorable conditions).

040527:	Applicant advised of rights and having consulted with counsel, elected to appear before an Administrative Discharge Board.

040714:	An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed commission of a serious offense and alcohol rehabilitation failure, that such misconduct warranted separation, and recommended discharge with a general (under honorable conditions).  [Extracted from the Letter of Deficiency dated 040721 from supporting documents submitted by Applicant.]

040806:	Commander, Submarine Group 10 directed discharge with a general (under honorable conditions) by reason of misconduct – commission of a serious offense.

Service Record contains a partial Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20040901 by reason of misconduct due to commission of a serious offense (A and B) with a service characterization of general (under honorable conditions).  After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).  The Board presumed regularity in the conduct of governmental affairs (E).

Normally, to permit relief, an impropriety or inequity must have existed during the period of enlistment in question.  No such impropriety or inequity is evident during the Applicant’s enlistment.  When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable.  A general (under 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 nonjudicial punishment proceedings for violations of UCMJ Articles 111, drunken or reckless operation of a vehicle.  Under applicable regulations, a violation of UCMJ Article 111 is considered a serious offense.  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.  Such conduct falls far short of that expected of a member of the U.S. military and does not meet the requirements for an upgrade of his characterization of service.  Relief is not warranted.

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 Naval service.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.  As of this time, the Applicant has not provided any post-service documentation for the Board to consider.  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.  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), re-issued October 2002, effective 22 Aug 02 until 25 April 2005, Article 1910-142 [formerly 3630605], SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE.

B.  The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 111, drunken or reckless operation of vehicle, aircraft, or vessel.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

E.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs.

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 “http://Boards.law.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:

		Secretary of the Navy Council of Review Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023