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NAVY | DRB | 1999_Navy | ND99-00132
Original file (ND99-00132.rtf) Auto-classification: Denied


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

ex-SR, USNR
Docket No. ND99-00132

Applicant’s Request
The application for discharge review, received 981102, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. The applicant requested a documentary record discharge review. The applicant did not list any person or organization as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 991004. 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/ PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

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: USAR (DEP)     950301 - 951108 COG
                  USNR (DEP) 951130 - 960207 COG

 Period of Service Under Review :
Date of Enlistment: 960207               Date of Discharge: 970606

 Length of Service (years, months, days):

         Active: 01 04 00
          Inactive: 00 00 00

Age at Entry: 19                          Years Contracted: 8
Education Level: 12                        AFQT: 41

 Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.00 (1)    Behavior: 1.00 (1)                OTA: 2.33 5.0 eval

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: Two

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

UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

960208:  Retention Warning from Recruit Training Command, Great Lakes:
                  Advised of deficiency (dependent son not documented), notified of
                  corrective actions and assistance available, advised of consequences of
                  further deficiencies, and issued discharge warning.

960802:  NJP for violation of UCMJ, Article 86: Unauthorized Absence from his unit from 0500 960722 to 1600 960723. Violation of UCMJ Article 87: Missing ship’s movement through design on 22 July 1996.
         Award: Forfeiture of $200 per month for 1 month (suspended for 90 days), restriction and extra duty aboard USS Sacramento for 20 days. No indication of appeal in the record.
960803:  Retention Warning from USS Sacramento (AOE-1): Advised of deficiency (UA and missing movement), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

970210:  NJP for violation of UCMJ, Article 134: Violation of State and Federal regulation, in possession of alcohol as a minor on 970120.
         Award: Forfeiture of $450 per month for 1 month, restriction and extra duty aboard USS Sacramento for 30 days, reduction to SR. No indication of appeal in the record.

970218:  Received CAAC screening for alcohol abuse. Diagnosed as alcohol dependent and with adjustment disorder with depressed mood.

970409:          Discharged from Alcohol Rehabilitation Department, Naval Hospital, Bremerton on request of the member. Considered a “treatment failure” due to unwillingness to respond to treatment.
970501:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. This was evidenced by two non-judicial punishments within the current enlistment and by reason of alcohol abuse rehabilitation failure. This was evidenced by an inability or refusal to participate in, cooperate in, or successfully complete a Level II or III rehabilitation treatment program.
970501:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

970512:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. Commanding officer’s comments: “ SR (applicant) has been on active duty approximately one and a half years. During this time, he has displayed a complete lack of responsibility, as well as contempt and disrespect for the Navy and this ship. Over the past year, SR (applicant) has experienced personal problems. His chain of command has always been there to assist him in resolving his problems. SR (applicant) has met attempts at providing assistance with going on unauthorized absence, intentionally missing ship’s movement, and drinking alcohol while under the age of 21. After CAAC screening, SR (applicant) was diagnosed as alcohol dependent and afforded rehabilitation treatment. He requested termination of this treatment and refused further participation in any rehabilitation program. Further, SR (applicant) has made it clear to his chain of command that he no longer wants to serve on active duty in the military. His attitude and conduct have been extremely prejudicial to good order and discipline. I certify that SR (applicant) has no potential for further useful service. I most strongly recommend that he be administratively separated from the Naval service under other than honorable conditions.”

970530:  Commander, Naval Surface Group Pacific Northwest directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970606 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).


 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C, Change 14, effective 03 Oct 96 until 30 Jun 97), Article 3630600, SEPARATION OF ENLISTED PERSONNEL 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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