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NAVY | DRB | 1999_Navy | ND99-00576
Original file (ND99-00576.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND99-00576

Applicant’s Request
The application for discharge review, received 990406, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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 000121. 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 – frequent involvement of a discreditable nature with civil or military authorities, authority: NAVMILPERSMAN, Article 3630600.






PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues
1.       In 1991, I became a born again Christian and gave my life to Jesus Christ. Since That Time I have not touched alcohol in any form of drugs. More importantly however, was the dramatic change in my life. I have also remarried and am raising two children. I have endeavored since that time to live and conduct my affairs honorably before God and men. My desire is to own a home someday and provide for my family. I believe a change in the status of my discharge would help us greatly. Please consider this on the grounds that the behavior that precipitated this discharge no longer exists in my life. I have enclosed also 2 letters of reference from my employer, and a close personal friend whom I have known since 1992, to attest to these things.
 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Character reference from Mr. W____
Letter from Employer

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     840629 - 841016  COG

 Period of Service Under Review :
Date of Enlistment: 841017               Date of Discharge: 860226

 Length of Service (years, months, days):

         Active: 01 04 10
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 73

 Highest Rate: AR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 1.9(2)               Behavior: 2.3 (3)                 OTA: 2.1 (4.0 scale)

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 40

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Pattern – frequent involvement of a discreditable nature with civil or military authorities, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

850415:  Applicant to unauthorized absence. Intentions unknown

850417:  Applicant declared a deserter.

850423:  Applicant surrendered.

850509:  Applicant to unauthorized absence. Intentions unknown.

850514:  Applicant declared a deserter.

850607:  Applicant surrendered.

 850614:  NJP for violation of UCMJ, Article 86 (2 specs): unauthorized absence from appointed place of duty from 850415 to 850423 and 850509 to 850607.
         Award: Forfeiture of $310 per month for 2 month(s), correctional custody for 15 days. No indication of appeal in the record.
850619:  Retention Warning: Advised of deficiency (Unauthorized absences.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

851219   Retention Warning: Advised of deficiency (Alcohol related drug overdose.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

860113:  NJP for violation of UCMJ, Article 86: unauthorized absence from appointed place of duty on 1 Jan 1986 from 1650 to 1800.
         Award: Forfeiture of $300 per month for 2 month(s), extra duties for 45 days. Punishment suspended for six months. Suspension vacated 7 Feb 1986. No indication of appeal in the record.
860204:  Medical officer found applicant physically and psychologically dependent and is not recommended for further naval service.

860207:  NJP for violation of UCMJ, Article 112A: wrongfully used a scheduled IV controlled substance (valium), violation of UCMJ Article 134:incapacitated for the proper performance of his duties.
Award: Forfeiture of $300 per month for 2 months, extra duty for 45 days, No indication of appeal in the record.
860207:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct, commission of a serious offense, and drug abuse.
860207:  Applicant advised of his rights and having elected not to 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 submit statements on his own behalf before an Administrative Board..
860207:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected not to appear before an Administrative Discharge Board.
860213:  Drug/Alcohol Abuse Report found applicant psychologically dependent on drugs. Not recommended for further naval service.

860213:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of frequent involvement of a discreditable nature with civil or military authorities. Commanding officer’s comments: “AR W_____ was counseled IAW Ref A and SNM signed Page 13 warning on 19 Jun 85. AR W______ has enjoyed the benefit of every doubt fm the Navy. After twice failing Alcohol rehab, he was recruited anyway. After his initial Mast and subsequent correctional custody, he went 7 months without major problems. His wife has chronic medical problems and he has been afforded a lot of time off and leniency to help her and the kids. He chose to ignore the provisions of signed sick in quarters status in January and at Mast I was deliberately lenient to the point of suspending punishment. He obtained a prescription for valium from a civilian doctor after being ordered not to use any drugs without specific approval of the Squadron Flight Surgeon. In so doing, he abused the prescription to the point of incapacitation for duties again. I chose not to restrict him in view of his wife’s problems. He packed up and moved out and went UA the next day. This man probably shouldn’t have been recruited but after entry he appeared to have alcohol under control. It is now apparent that he simply transferred dependence to drugs. I recommend separation under OTH conditions and will (if he returns) strongly advise him to seek rehab assistance.”

860222:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of frequent involvement of a discreditable nature with civil or military authorities.

860226:  Applicant discharged in absentia.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 860226 under other than honorable conditions for misconduct pattern frequent involvement of a discreditable nature with civil or military authorities (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 submitted the following issue: (EQUITY ISSUE) This former member further requests that the Board include provisions of SECNAVINST 5420.174C., enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of his application. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (B, Part IV). However, there is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, is considered. The applicant provided one letter of recommendation from his employer and one charater reference as documentation of his post-service. The applicant's efforts need to be more encompassing than those provided. The applicant should have produced evidence of continuing educational pursuits, a verifiable employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs in order for consideration for clemency based on post-service conduct. At this time the applicant has not provided sufficient documentation of good character and conduct. Therefore no relief will be granted. He 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. Naval Military Personnel Manual, (NAVPERS 15560, Change 10/85, effective
16 Dec 85 until 05 Oct 86), 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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