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NAVY | DRB | 1999_Navy | ND99-00159
Original file (ND99-00159.rtf) Auto-classification: Denied


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

ex-SMSN, USN
Docket No. ND99-00159

Applicant’s Request
The application for discharge review, received 981110, 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 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: GENERAL UNDER HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. Respectfully request discharge to be upgraded to Honorable for purpose to use Montgomery G.I. Bill. My first year in the United States Navy I contributed the required amount for school tuition.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from applicant.
Copies of DD Form 214(2).

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        860924 - 901027  HON
         Inactive: USNR (DEP)     860117 - 860923  COG

 Period of Service Under Review :
Date of Enlistment: 901028               Date of Discharge: 931028

 Length of Service (years, months, days):

         Active: 03 00 00
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 32

 Highest Rate: SM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.80 (3)    Behavior: 3.53 (3)                OTA: 3.60

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM, SSDR, NDSM, NAVY"E"RIBBON, KLM, .45 Cal PISTOL SHARPSHOOTER

 Days of Unauthorized Absence: 16

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

GENERAL UNDER HONORABLE CONDITIONS /MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

901028:  Reenlisted onboard USS ANTIETAM (CG-54) for 4 years.
920917:  Counseling warning: [You have been evaluated as an alcohol abuser, failure to complete and cooperate in Level III program will constitute grounds for separation processing.]

920917:  Admitted to the Rehabilitation Department, Naval Hospital, Long Beach, California with a diagnosis of alcohol dependence, referred to the Alcohol Rehabilitation Department by command DAPA due to DUI in July 1992 BAC .12.

921028:  Discharged from Level III treatment. Diagnosis: Alcohol dependence. Placed on 1 year aftercare program.

930407:  Civil conviction at Long Beach, California Municipal Court for driving under the influence of alcohol.
         Sent: $1,317.00 fine, 3 years probation, 15 days in county jail.

930514:  NJP for violation of UCMJ, Article 86: UA 930407-930420(13days/S).
         Award: Forfeiture of $456 per month for 2 months (suspended for 6 months), restriction for 30 days, reduction to E-3(suspended for 6 months). No indication of appeal in the record.
930823:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason alcohol rehabilitation failure as evidenced by your failure to complete your aftercare program; misconduct due to commission of a serious offense as evidenced by your NJP for violating UCMJ Article 112, Drunk on Duty; and misconduct due to civil conviction as evidenced by your civil conviction on or about 930409 by Municipal Court of Long Beach, California for driving under the influence.
930823:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
930824:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed alcohol rehabilitation failure, misconduct due to serious offense, misconduct due to civil conviction, that the misconduct warranted separation, and recommended separation be suspended for 12 months, discharge general under honorable conditions.

930902:  Commanding officer recommended discharge general under honorable conditions by reason of alcohol rehabilitation failure and misconduct due to the commission of a serious offense and misconduct due to civil conviction

930903:  UA 930913-930916(3days/S).

931001:  BUPERS directed the applicant's discharge general under honorable conditions by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 931028 general under honorable conditions for misconduct due to commission of a serious offense (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).

In the applicant’s issue 1, the Board found that t he applicant was briefed on the Veterans’ Educational Assistance Act of 1984 (G.I. BILL). Specifically, he was briefed that an Honorable discharge after completion of 36 months on active duty would be required for entitlement to benefits under the G.I. BILL. No relief will be granted on the basis of this issue.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 5, effective
05 Mar 93 until 21 Jul 94, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.
B. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article [e.g., 86, for unauthorized absence for a period in excess of 30 days] if adjudged at a Special or General Court-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 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 Rm 309
                  Washington, D.C. 20374-5023     

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