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NAVY | DRB | 1999_Navy | ND99-00072
Original file (ND99-00072.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND99-00072

Applicant’s Request
The application for discharge review, received 981016, 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 OTHER THAN HONORABLE CONDITIONS/Misconduct - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.










PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. In late Nov. 1984, I lost my mother and all of my personal belongings in a fire at her apartment, when I was on leave. I reported to duty in Levis blue jeans and a T-shirt. I was a hard worker in the Navy, but I suffered from the tragic loss of my mother. I was wrong for my pattern of misconduct and I apologize. Please upgrade my discharge to Honorable. I didn't know how to cope with the loss of my mother at the time of my active duty. Sincerly

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

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     840531 - 840717  COG

 Period of Service Under Review :
Date of Enlistment: 840718               Date of Discharge: 870622

 Length of Service (years, months, days):

         Active: 02 11 05
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 56

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.20 (3)    Behavior: 3.33 (3)                OTA: 3.07

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

Days of Unauthorized Absence: 19

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

861031:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0715, 7Oct86 until 2130, 26Oct86 (19 days/surrendered).
         Award: Forfeiture of $150 per month for 2 months, restriction and extra duty for 30 days, reduction to SA. Forfeiture and reduction suspended for 4 months. No indication of appeal in the record.
870107:  Counseling: Advised of deficiency (alcohol abuse), notified of corrective actions and assistance available.

870108:  Drug and Alcohol Abuse Report: Alcohol abuse, Jul81, 1-3 times a month, ashore off duty. Medical officer found applicant dependent and recommended Level III treatment. Commanding officer recommends retention and alcohol residential treatment. Comments: Applicant exhibits potential for future naval service, pending completion of NARC treatment....

870213:  Vacate suspended reduction to SA awarded at NJP dated 31Oct86.

870213:  NJP for violation of UCMJ, Article 91: Disobey a lawful order from a chief petty officer by removing leg brace on 1000, 26Jan87; violation of UCMJ Article 91: Disobey a lawful order from a senior petty officer by not reporting new leave address to ship as ordered.
         Award: Restriction for 15 days. No indication of appeal in the record.
870218:  Retention Warning from USS BARBOUR COUNTY (LST 1195): Advised of deficiency (Excessive violation of UCMJ Article 92 - failure to obey lawful order or regulation.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
870424:  NAVDRUGLAB [San Diego, CA], reported applicant’s urine sample, received 870415, tested positive for cocaine.

870501:  NJP for violation of UCMJ, Article 134: Drunk and disorderly on 0345, 14Apr87, violation of UCMJ Article 86: Unauthorized absence from place of duty on 0900, 15Apr87, violation of UCMJ Article 112A: Wrongfully use a controlled substance.
Award: Forfeiture of $300 per month for 2 months, restriction and extra duty for 45 days, reduction to SR. No indication of appeal in the record.
870513:  USS BARBOUR COUNTY (LST 1195) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to drug abuse.
870513:          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 and to make a statement.

870514:  Drug and alcohol abuse evaluation: A: Substance abuse alcohol and drugs. Psychologically dependent. P: Rec: Level III treatment.
870519:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to drug abuse.

870616:  Applicant in Unauthorized Absence status…intentions unkown.

870610:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

870627:  Applicant discharged in abstentia.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 870622 under other than honorable conditions for misconduct due to a pattern of misconduct (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).

The applicant cites the tragic loss of his mother in 1984 as reason for his misconduct.

The following is provided for the applicant’s edification. The NDRB is authorized to permit relief if an error or injustice is found in the record during the period of the enlistment. There is no law or regulation that provides that an unfavorable discharge may be upgraded based solely on the passage of time.

The applicant was recommended for Level III substance abuse treatment on 8 Jan 87. He was subsequently issued a retention warning for failure to obey lawful orders on 18 Feb 87. This warning advised that any further violations of the Uniform Code of Military Justice could result in applicant’s administrative separation from the service. While awaiting Level III treatment the applicant violated Article 86 (Unauthorized absence), Article 112A (Wrongfully use of a controlled substance [cocaine]), and Article 134 (Drunk and disorderly conduct). These serious offenses of the Uniform Code of Military Justice could have resulted in a Bad Conduct or a Dishonorable discharge. Accordingly, relief will not be granted.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A, effective 870615 - 890110), Article 3630600, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT – A PATTERN OF MISCONDUCT.

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 St SE Rm 309
                  Washington, D.C. 20374-5023     

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