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NAVY | DRB | 1999_Navy | ND99-00850
Original file (ND99-00850.rtf) Auto-classification: Denied


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

ex-AA, USN
Docket No. ND99-00850

Applicant’s Request
The application for discharge review, received 990608, 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 000317. 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.

The NDRB did note an administrative error on the original DD Form 214. Block 28, Narrative Reason for Separation should read: “Misconduct - Pattern - frequent involvement of a discreditable nature with civil or military authorities” vice “MISCONDUCT - USED {DRUG ABUSE}”. The original DD Form 214 should be corrected or reissued as appropriate.


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:
Letter from applicant dated June 2, 1999
Copy of DD Form 214
Memorandum dated July 25, 1986
Copy of Enlisted Performance Evaluation Report for 86Jan31 to 86Jul25

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)              840111 - 840514  COG

 Period of Service Under Review :
Date of Enlistment: 840515               Date of Discharge: 860728

 Length of Service (years, months, days):

         Active: 02 02 14
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 48

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.80 (2)    Behavior: 3.10 (2)                OTA: 3.40

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 1

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 :

840516:  Applicant briefed on Navy's policy on drug and alcohol abuse.

 841224:  Applicant to unauthorized absence 0700-1110 (4 hours, 10 minutes/surrendered).
850312:  NJP for violation of UCMJ, Article 112A: Use of marijuana on 1Feb85.
         Award: Forfeiture of $250 per month for 2 months, restriction and extra duty for 45 days, reduction to AR. Forfeiture of $100 per month, restriction and extra duty for 10 days, and reduction to AR suspended for 90 days. No indication of appeal in the record.
850806:  NJP for violation of UCMJ, Article 86: Unauthorized absence 0600, 27Jul85 to 1010, 28Jul85 (1 day/surrendered), violation of UCMJ Article 87: Missing movement on 27Jul85.
         Award: Forfeiture of $100 per month for 2 months, restriction and extra duty for 30 days, reduction to AA. No indication of appeal in the record.
850812:  Retention Warning from USS PELELIU (LHA 5): Advised of deficiency (Unauthorized absence, missing ship's movement, use of controlled substances.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

850902:  Applicant found to be psychologically dependent on alcohol. P: Rx Antabuse. ARS or ARC as soon as possible. Counseling.

850916:  Applicant to unauthorized absence 0715-0730 (15 minutes).

851114:  Applicant attends ARC, inpatient rehabilitation for alcohol dependency.

860103:  Applicant completes ARC and transfers back to command.

860121:  Medical Department: Antabuse refill.

860717:  NJP for violation of UCMJ, Article 112A: Use of cocaine on 16Jun86.
         Award: Forfeiture of $200 per month for 2 months, restriction and extra duty for 45 days, reduction to AA. No indication of appeal in the record.
860718:  Drug Dependency Eval: Not dependent on cocaine. Cocaine abuse.

 860721:  Drug and Alcohol Abuse Report: Cocaine abuse, 1 to 3 times per month, Jan86-Jun86, ashore off duty. Urinalysis Jun86. Medical officer determined applicant is not dependent and recommended separate from service. Commanding officer recommended separation. Comments: AA (applicant) has no potential for further military service and is being processed for administrative separation IAW refs (a) and (b). One prior NJP, for drug abuse, Feb 1985: no DAAR available. No civil arrests. At CO's NJP 17 June 86: restriction and extra duty for 45 days, forfeiture of $200.00 pay per month for two months and reduction to E-2.
860728:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to pattern of misconduct , frequent involvement of a discreditable nature with civil or military authorities.

Discharge package is missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 860728 under other than honorable conditions for misconduct pattern frequent involvement of a discreditable nature with civil or military authorities (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).

The applicant introduced no decisional issues for consideration by the Board.

 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. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article [e.g., 87, missing movement, wrongful use of cocaine, etc..] 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 St SE Rm 309
                  Washington, DC 20374-5023       


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