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NAVY | DRB | 1999_Navy | ND99-01042
Original file (ND99-01042.rtf) Auto-classification: Denied


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

ex-OSSN, USN
Docket No. ND99-01042

Applicant’s Request
The application for discharge review, received 990802, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000803. 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/ PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)
1. When I was discharge I signed a blank DD 214 so as to be released. I apealed the issues that led to my discharge and had to be driven to San Diego everyday to speak to counsel. It went on for several weeks I gave up, and signed a blank DD 214 and went home. I was or thought I would be getting a medical discharge because of failing CAAC III. Years later I understand my limits. I would like to buy a HOME, (VA LOAN) go back to school (GI BILL). ALL IN ALL, TO BETTER MYSELF AND RAISE A FAMILY.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (2 copies)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     910532 - 911022  COG
                  USNR (DEP)      900608 - 910528  ELS

 Period of Service Under Review :
Date of Enlistment: 911023               Date of Discharge: 950818

 Length of Service (years, months, days):

         Active: 03 09 26
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 53

 Highest Rate: OS3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR, SWASM (w/Bronze Star), BER

Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :
[ADMIN DISCHARGE PACKAGE NOT CONTAINED IN SERVICE RECORD AND UNABLE TO OBTAIN FROM APPLICANT.]
920909:  Retention Warning from USS ANTIETAM: Advised of deficiency (unauthorized absence for 1 hour and five minutes), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

930308:  Medical Eval: pt referred to ARD, NHLB, for substance abuse consultation.
         Impression: Alcohol Abuse
         Recommendation: Level III

930315:  Retention Warning from USS ANTIETAM: Advised of deficiency (alcohol related instances of loss of control of yourself - (1) you were assaulted in Tiajuana while drunk in February, (2) you trespassed on P_ College campus while drunk in March and were subsequently arrested), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

930430:  NJP for violation of UCMJ, Article 134: disorderly conduct, drunkenness, violation of UCMJ Article 92: failure to obey a lawful written order.
Award: Restriction and extra duty for 30 days, reduction to E-2 (suspended until advanced to E-4), frocking rescinded. No indication of appeal in the record.
930603:  Admitted to NAVHOSP Long Beach for Level III Alcohol Rehabilitation: 19 year old single male, with 1 year and 4 months of continuous service admitted to the Alcohol Rehabilitation Department with a diagnosis of alcohol dependence. Pt was referred to the ARC by CAAC due to being mugged and robbed.

930702   Discharged from ARC with diagnosis of Alcohol Dependence and placed on the Aftercare Treatment Plan.
930723:  Retention Warning from USS ANTIETAM: Advised being retained in service because you have successfully completed an Alcohol Rehabilitation Treatment Program, cautioned that any alcohol related incident can result in immediate discharge from the service, notified of corrective actions and assistance available, advised of consequences of further deficiencies.
940812:  NJP for violation of UCMJ, Article 134: drunk and disorderly.
         Award: Forfeiture of $511 per month for 1 months, restriction for 30 days, reduction to E-3 (suspended six months), process for administrative discharge. No indication of appeal in the record.
941211:  Modification of previously reported punishment (940812) is hereby suspended: forfeiture 511 per month for 1 month and process for administrative discharge.
950206:  NJP for violation of UCMJ, Article 86: unauthorized absences (1 hour, 10 minutes); violation of UCMJ Article 134: drunk onboard.
         Award: Forfeiture of $500 per month for 2 months, restriction and extra duty for 45 days, reduction to E-3, process for administrative discharge. No indication of appeal in the record.
950208:  Branch Medical Clinic, Long Beach, CA: Applicant referred for competency for duty exam: “Pt is Level III failure. Would, however, initiate contact with VA Medical Center, Long Beach Alcohol Rehab Unit for admission on the same day as discharge from Navy.”
No further information found in applicant’s service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 950818 under other than honorable conditions for misconduct due to a pattern of misconduct (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).

In response to the applicant’s issue 1, the Board found that the applicant had 3 NJPs in addition to being an alcohol rehabilitation failure. A Commanding Officer is authorized to process an individual for separation for both pattern of misconduct based on the 3 NJPs and the alcohol rehab failure. The applicant would not receive a medical discharge for failing CAAC, as he requests in issue 1. Although the applicant’s separation package is missing, the Board presumes regularity and finds the discharge proper and equitable. No relief will be granted based on this issue.

 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 – 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 view DoD Directive 1332.28 and other Decisional Documents by going online at “ afls14.jag.af.mil ”.

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
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023      


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