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NAVY | DRB | 1999_Navy | ND99-00064
Original file (ND99-00064.rtf) Auto-classification: Denied


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

ex-BMSN, USN
Docket No. ND99-00064

Applicant’s Request
The application for discharge review, received 981020, 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 990927. 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 HONORABLE CONDITIONS(GENERAL)/Alcohol Abuse - rehabilitation failure, authority: MILPERSMAN, Article 3630550.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. I feel that my discharge should be upgraded due to the fact that, while I served in the U.S.N. my actions as a sailor was all that it should have been. I chose to go further but I set myself back. Which I have regreted for the past 10 years.

2. I have changed my life around completely and know I wish to go further by ways of schooling and any other ways such as the U.S.N.R. for as long as possible. So I ask that you please consider my request. Thank you.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     830127 - 830804  COG

 Period of Service Under Review :
Date of Enlistment: 830805               Date of Discharge: 871112

 Length of Service (years, months, days):

         Active: 04 03 08
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 20

 Highest Rate: BM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (5)    Behavior: 3.28 (5)                OTA: 3.52

 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 HONORABLE CONDITIONS(GENERAL)/Alcohol abuse - rehabilitation failure, authority: MILPERSMAN, Article 3630550.
Chronological Listing of Significant Service Events :

830811:  Applicant briefed on Navy policy on drug and alcohol abuse.
850708:  Applicant unauthorized absence 0715-0900, 850708. Handled at divisional level.

851031:  NJP for violation of UCMJ, Article 128: Assault on 85Oct27.
         Award: Forfeiture 1/2 pay per month for 2 months, restriction for 30 days, and extra duty for 15 days. Forfeiture suspended for 3 months. No indication of appeal in the record.
861211:  Medical Record: P: Referral to DAPA.

861218:  NJP for violation of UCMJ, Article 134: Drunk and disorderly on 86Dec10.
         Award: Forfeiture of $408 per month for 1 month, restriction and extra duty for 30 days. No indication of appeal in the record.
861223:  Retention Warning: Advised of deficiency (Violation of the Uniform Code of Military Justice, Article 134: Drunk and disorderly, which resulted in receiving non-judicial punishment.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

870706:  Applicant referred to Command DAPA on 27 May 1987 as a result of an alcohol related incident. Evaluated by Counseling and Assistance Center on 29 June 1987 after a referral by the Command DAPA. CAAC recommended Level II treatment. Offered the opportunity to attend Level II treatment but considered as non-amenable for assistance with your problem. If at any time in the future you should have an alcohol related incident you may be considered for an administrative separation.

871003:  Competency for duty: Applicant found fit for duty physical - EOTH eval.

871006:  NJP for violation of UCMJ, Article 86 (2 specs): Unauthorized absence from appointed place of duty, violation of UCMJ, Article 90: Disobey order from commissioned officer, violation of UCMJ, Article 134: Drunk on duty.
         Award: Restriction and extra duty for 30 days, reduction to E-3. No indication of appeal in the record.
871112:  Applicant discharge under honorable conditions (general) by reason of alcohol abuse rehabilitation failure.

Discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 871112 under honorable conditions (general) due to alcohol abuse - 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).

In the applicant’s issue 1, the Board found that the characterization of service was equitable. For separations by reason of alcohol rehabilitation failure, characterization is type warranted by service record. His characterization of a general (under honorable conditions) accurately reflected the applicant’s performance marks averages, 3 Non-judicial punishments and overall service in the Navy. No relief will be granted on the basis of this issue.

In response to issue 2, there is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct. At this time, the applicant has not provided any documentation of good character and conduct. Therefore no relief will be granted. The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge.

 Pertinent Regulation/Law (at time of discharge)
A. The Naval Military Personnel Manual, (NAVPERS 15560C, effective 15 Jun 87 - 15 Aug 91), 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 obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809

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
                  Washington Navy Yard
                  720 Kennon Street SE Room 309
                  Washington, D.C. 20374-5023     


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