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NAVY | DRB | 1999_Navy | ND99-00597
Original file (ND99-00597.rtf) Auto-classification: Denied


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

ex-SM3, USN
Docket No. ND99-00597

Applicant’s Request
The application for discharge review, received 990325, 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 000104. 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 – commission of a serious offense, 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:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        811026 - 851010  HON
         Inactive: USNR (DEP)     810925 - 811025  COG

 Period of Service Under Review :
Date of Enlistment: 851011               Date of Discharge: 880405

 Length of Service (years, months, days):

         Active: 02 05 25
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 46

 Highest Rate: SM2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.10 (2)    Behavior: 3.40 (2)                OTA: 3.30

Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, NAVY"E"MEDAL

Days of Unauthorized Absence: 10

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 :

851011:  Reenlisted onboard USS UNDERWOOD (FFG-36) for 4 years.
851227:  DUI conviction with BAC of .10 and higher, found guilty. No record of final sentence.

860813:  Applicant UA from NAVHOSP San Diego, CA.

860823:  Applicant from unauthorized absence 0230, 860823 (10 days/surrendered).

861209:  Retention Warning: Advised of deficiency (Alcohol related incident on 860201, completed jury trial on 860902 in which member was referred to CAAC for evaluation resulting in Level III Treatment), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
861218:  NJP for violation of UCMJ, Article 86: UA from 1310 to 1414 861219.
         Award: Forfeiture of $504.00 per month for 1 months, restriction and extra duty for 15 days, reduction to E-4 (suspended for 6 months). No indication of appeal in the record.

861218:  Retention Warning: Advised of deficiency (CO's NJP of 861218, violation of Article 86, UCMJ, in that you did, on active duty, onboard Naval Hospital, San Diego, absent yourself from your place of duty which you were required to be at), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

870421:  DUI with San Diego, CA, found guilty, sentenced to 1 year in jail (11 months suspended), 10000.00 fine (666.00 suspended) and revocation of drivers license for 1 year.

871021:  DUI with San Diego, CA, found guilty, sentenced to 9 months civil confinement commencing 880206.

871030:  DUI with San Diego, CA, found guilty, sentenced to 9 months civil confinement commencing 880206.

871113:  NJP for violation of UCMJ, Article 86: UA 1 hour, violation of UCMJ Article 111: (2 specs), Drunk driving.
         Award: Forfeiture of $500.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-4. No indication of appeal in the record.
         
880201:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense {Extracted from CO's message}.
880201:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights {Extracted from CO's message}.
880210:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense. Commanding officer’s comments: SM3 H_____ has been an administrative burden on this command. He continually proves his unwillingness to utilize available resources to alleviate a dangerous drinking problems. Early in this enlistment he was dropped from CAAC Level III Treatment for displaying a poor attitude toward treatment. His productivity is minimal. His military bearing and general attitude toward the Navy is poor. With two prior DUI offenses during his previous enlistment, SM3 now has a total of six DUI convictions. He has incurred a nine month jail sentence stemming from his last two offenses. I most strongly recommend he be separated from the naval service with an other than honorable discharge.

880205:  Substance Abuse Report indicated applicant was found dependent on alcohol by ship's medical doctor.

880216:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

880329:  BUPERS authorizes applicant’s discharge in absentia.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 880405 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).

The applicant introduced no decisional issues.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A), effective 15 Jun 87 until
10 Jan 89, Article 3630600, SEPARATION OF ENLISTED MEMBERS 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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