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NAVY | DRB | 1999_Navy | ND99-00504
Original file (ND99-00504.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND99-00504

Applicant’s Request
The application for discharge review, received 990224, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000201. 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. Based on the applicant’s considerable post service conduct, the Board’s vote was three to two that the character of the discharge shall change. The reason shall remain the same. The discharge shall change to: UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.
PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I am appealing for an upgrade in my discharge to Honorable. I feel that indiscretions and immaturity of my youth probably did merit me an Other Than Honorable Discharge. However, as clearly indicated by the attached, I have since become a civic-minded, hard-working and productive citizen. By granting my request, I would be able to use the benefits of the Montgomery Plan which I did pay into, to further the education for the profession I have chosen, electrician.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Applicant's letter to the Board dated 27 Jan 99
Applicant's Leave & Earning Statement for period covered 01-31Mar92 reflecting payment to the G.I. Bill Program
Dept of VA letter of Jul 2, 1992 concerning applicant's participation the Substance Abuse Treatment Program
Northeast Florida Builders Association letter of Jan 22, 1999 concerning applicant's participation in electrical apprenticeship program.
International Brotherhood of Electrical Workers letter of 21 Jan 1999 concerning applicant's employment as a trainee.
Character reference letter of 28 Feb 1993
Character reference letter of 25 Apr 1995
Character reference letter of 3 Apr 1995
Character reference letter of 15 Jan 1998
Character reference letter of 24 Feb 1993
Character reference letter from employer of 10 Feb 1999
Character reference letter from applicant's church of 30 Jan 1999
Florida Georgia Blood Alliance letter of 1 Feb 1999 concerning applicant's blood donation
City Rescue Mission letter of 28 Jan 1999 concerning applicant's contribution
Applicant's Parents' letter of 19 Feb 1999
Applicant's Spouse's letter of 19 Feb 1999
Copy of DD Form 214.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     901213 - 910303  COG

 Period of Service Under Review :
Date of Enlistment: 910304               Date of Discharge: 920705

 Length of Service (years, months, days):

         Active: 01 04 02
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 36

 Highest Rate: FA (E-2)

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.0 (1)     Behavior: 2.0 (1)                 OTA : 2.92

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

910628:  NJP for violation of UCMJ, Article 108: on or about 23 Jun 91 member willfully destroyed a military property of the United States, violation of UCMJ Article 128: on or about 23 June 1991 member attempted an assault on another service member.
         Award: Forfeiture of $197 per month for 1 month, restriction and extra duty for 14 days, reduction to E-1 (suspended for 6 months). No indication of appeal in the record.

910628:  Retention Warning: Advised of deficiency (violation of UCMJ Article 108 - destruction of government property and Article 138 - attempted assault), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910729:  Counseling: Advised of deficiency (referral into the LEVEL II Counseling and Assistance Center (CAAC) Program for education/ treatment), notified of corrective actions, assistance available and discharge warning issued. Applicant accepted LEVEL II treatment.

910729:  Retention Warning: Advised of deficiency (substandard performance, alcohol related incident on June 3, 1991, drunk and disorderly), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910805:  NJP for violation of UCMJ, Article 86: on or about 91JUL20 member failed to go at the time prescribed to his appointed place of duty; violation of UCMJ Article 92 (2 Specs): Spec 1 - on or about 91JUL18 , member failed to obey a lawful order, Spec 2 - on or about 91JUL24, member failed to obey a lawful general regulation.
         Award: Forfeiture of $322 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.

910920:  Counseling: Advised of deficiency (referral into the Alcohol Rehabilitation Center for treatment), notified of corrective actions, assistance available and discharge warning issued. Applicant accepted treatment.

910801:  Retention Warning: Advised of deficiency (found guilty at NJP of violation of UCMJ Article 86 - unauthorized absence and Article 92 (2 specs) - violation of a lawful order), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910921:  Retention Warning: Advised of deficiency (misconduct, alcohol related incident #2 on 19 Jul 91 violated written order dated 25 Jun 91 (Barring Orders)), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        

920323:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of alcohol abuse subsequent to inpatient treatment within the last 12 months. [Extracted from CO, USS BRISTOL COUNTY msg 082330Z APR 92.]
920325:          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 the right to two working days to respond to the Notice of Notification Procedure Proposed Action. [Extracted from CO, USS BRISTOL COUNTY msg 082330Z APR 92.]

920407:  Medical Evaluation (Naval Station Branch Clinic, SDiego, CA): Substance abuse/dependency screen referred by DAPA. Amount alcohol used - weekend binge drinker, unsuccessful effort to control use, interferes with responsibilities or safety, lifestyle change due to use, uses it knowing it causes other problems.
         Assessment: Substance dependency - 3 or more diagnostic criteria have existed for at least one month, or have occurred repeatedly.
         Plan: Level III program (6 weeks inpatient). Obtain treatment through VA after discharge.

920408:  Commanding officer recommended discharge with a general (under honorable conditions) by reason of alcohol rehabilitation failure. Commanding officer’s comments (verbatim): "FR (Applicant) completed a Level III alcohol rehabilitation program on 8 November 1991 and has been in after care since then. Despite being well aware of the consequences of aftercare failure, FR (Applicant) has continued to drink. He recently returned onboard (14MAR92) unable to work and was considered not fit for duty based upon a medical evaluation of his alcohol induced condition. Even without consideration of his behavioral problems documented by non-judicial proceedings, FR (Applicant)'s failure to control his alcohol problem warrants separation from military service. Recommend a general discharge."

920414:  NJP for violation of UCMJ, Article 134: disorderly conduct.
         Award: Restriction and extra duty for 14 days. No indication of appeal in the record.

920416:  BUPERS advised command to reprocess applicant since dual processing is required whenever member has misconduct in service record and is being processed for any other reason. If desired, command may process for adsep for misconduct due to commission of a serious offense and alcohol abuse rehabilitation failure.

920427:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of misconduct due to commission of serious offenses and alcohol abuse rehabilitation failure as evidenced by all punishments under the UCMJ in the current enlistment and continued alcohol abuse subsequent to inpatient treatment within the last 12 months . [Extracted from CO, USS BRISTOL COUNTY msg 011825Z MAY 92.]
920427:  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, to submit statements in his own behalf either verbally or in writing before an administrative board or in writing if an administrative board is not convened, and to one working day to response to the Notice of notification Procedure Proposed Action. [Extracted from CO, USS BRISTOL COUNTY msg 011825Z MAY 92.]

920427:  Applicant's Statement: "I (Applicant) have realized that through my negligence and failure to think my actions out before I do them, have created most of the problems that have befallen me in my naval career. I realize that I have to be responsible for my actions and in light of that fact I must accept the punishment that is given to me as a result of my lack of poor judgement. The damage that I have done to my creditability has been rather severe, and it could ruin the rest of may life, but when I get out of the Navy I have plans to go to junior college and get a part time job to hold me until I get out of school. I would like to plead for a general discharge so I will be able to fulfill my dreams and to better myself in the outside world and so I won't be forced to struggle to find a job and possibly end up on welfare or unemployment. Thank your for your time and understanding."

920501:  Commanding officer recommended discharge with a general (under honorable conditions) by reason of misconduct due to commission of serious offenses and alcohol abuse rehabilitation failure. Commanding officer’s comments (verbatim): "FR (Applicant) completed a Level III alcohol rehabilitation program on 8 November 1991 and has been in after care since then. Despite being well aware of the consequences of aftercare failure, FR (Applicant) has continued to drink. He recently returned onboard (14MAR92) unable to work and was considered not fit for duty based upon a medical evaluation of his alcohol induced condition. Even without consideration of his behavioral problems documented by non-judicial proceedings, FR (Applicant)'s failure to control his alcohol problem warrants separation from military service. Since the serious offenses occurred early in his enlistment, and can be linked to his alcohol problem rather than a conscious effort to be a troublemaker, strongly recommend a general discharge under honorable conditions."

920507:  NJP for violation of UCMJ, Article 134: drunkenness and disorderly conduct.
         Award: Restriction 14 days. No indication of appeal in the record.
920514:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense. Advised the command to officer member in-patient treatment at a VA Hospital.

920515:  Applicant offered and accepted in-patient treatment at a VA hospital prior to discharge.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 920705 under other than honorable conditions for misconduct due to commission of a serious offense (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). Based on the positive aspects of the applicant’s post service conduct, the Board voted three to two to upgrade the applicant’s discharge to Under Honorable Conditions (General). The reason for the discharge shall remain the same.


 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until
04 Mar 93, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

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 RM 309
                  Washington, D.C. 20374-5023     


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