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NAVY | DRB | 1999_Navy | ND99-00925
Original file (ND99-00925.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND99-00925

Applicant’s Request
The application for discharge review, received 990629, 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 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: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, 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:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     930324 - 931130  COG

 Period of Service Under Review :
Date of Enlistment: 931201               Date of Discharge: 941005

 Length of Service (years, months, days):

         Active: 00 10 05
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 68

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 1.00 (1)    Behavior: 1.00 (1)                OTA: 2.60

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: None

 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 :

940425:  Drug and Alcohol Abuse Report: Alcohol abuse, 2Apr94, 1-3 times per month, ashore off duty, self-referral/disclosure. CAAC recommended Level III treatment. Physician found applicant dependent and recommended Level III treatment. Commanding officer recommended retention and Level III treatment.

940509:  Applicant admitted to Naval Alcohol Rehabilitation Center, Jacksonville, for Level III treatment. Final Diagnosis: 1 Alcohol dependence. 2 Nicotine dependence.

940603:  Applicant completed Level III treatment.

940728:  NJP for violation of UCMJ, Article 86: Fail to go at the time prescribed to his appointed place of duty on 0500-0747, 25Jul94, to wit: physical readiness training, violation of UCMJ Article 92: Violate a lawful general regulation, to wit: wrongfully consuming an alcoholic beverage under the age of 21.
         Award: Forfeiture of $466 per month for 2 months, restriction for 30 days, oral admonition, reduction to FA. No indication of appeal in the record.
940801:  Drug and Alcohol Abuse Report: Alcohol abuse, 25Jul94, 1-3 times per week, ashore off duty. CAAC recommended separate not via VA hospital. Physician found applicant dependent and recommended separate not via VA hospital. Commanding officer recommended separate not via VA hospital.
940823:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
940823:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
940825:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and alcohol abuse rehabilitation failure. Commanding officer’s comments (verbatim): ...FR (applicant) completed Alcohol Level III Treatment, but failed to comply with his aftercare regiment. Through his own actions he has shown a total disregard for rules and regulations and the spirit and intent of good order and discipline. FR (applicant) has no potential for further naval service. However, after careful consideration of his offense under the UCMJ, it is recommended that FR (applicant) be considered for a General Discharge.

940915:  BUPERS directed the applicant's discharge general (under honorable conditions) by reason of misconduct due to the commission of a serious offense.

940922:  NJP for violation of UCMJ, Article 92: Failed to obey a lawful general order by wrongfully consuming alcoholic beverages while under the age of 21 on 10Sep94.
         Award: Forfeiture of $416 per month for 2 months, restriction and extra duty for 30 days. No indication of appeal in the record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 941005 general (under 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 for consideration by the Board.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective
22 Jul 94 until 02 Oct 96, 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, DC 20374-5023       


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