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NAVY | DRB | 1999_Navy | ND99-01112
Original file (ND99-01112.rtf) Auto-classification: Denied


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

ex-OSSN, USN
Docket No. ND99-01112

Applicant’s Request
The application for discharge review, received 990816, 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 000427. 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 (verbatim)

1. I was discharged from military service in 1995 because of a relapse, an alcohol related incident, after completing in-patient alcohol treatment at Norfolk, VA. The incident occured while overseas aboard the USS THEODORE ROOSEVELT. I was late in returning to the ship and missed the curfew for my rate (E-3). I went to captain's mast and was given a general discharge under honorable conditions.
It has now been almost 4 years since my discharge, and I feel that I have been able to put my life in order. I have been employed for over three years at Superior Waste Services as a garbage man. I am recently married and my wife and I now have a 3 month old son. Most important, I realize that alcohol cost me my naval career and other things too numerous to mention here. I have now been sober for 2 1/2 years. While I enjoy my job, I feel I am ready to further my education and become a veterinarian.
At this time, I would respectfully request a review of my discharge. I feel that I have been able to better myself after having a rough time in my brief naval career. I would ask that the Board consider the fact. That I have been able to overcome my alcoholism, which was the main reason for the discharge, and that since my discharge, I have had no civilian alcohol related violations.
While I believe that my discharge was deserved, I feel that an honorable discharge is deserved because I have managed to overcome the disease that lead to a general discharge. I feel that when I wasn't drinking, I was reliable worker and good at my job. Several of my shipmates testified to that at my captain's mast.
I thank the board for its time and consideration.

 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: None
         Inactive: USNR (DEP)              930104 - 930504  COG

 Period of Service Under Review :
Date of Enlistment: 930505               Date of Discharge: 950823

 Length of Service (years, months, days):

         Active: 02 03 19
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 84

 Highest Rate: OSSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.40 (2)    Behavior: 3.30 (2)                OTA: 3.50

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SASM, SSDR

 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 :

940307:  NJP for violation of UCMJ, Article 121: Larceny of 2 containers of Skoal from NEX, Portsmouth, VA.
         Award: Forfeiture of $150 per month for 1 month, restriction and extra duty for 14 days. No indication of appeal in the record.
940307:  Retention Warning: Advised of deficiency (No information found in service record.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. [Date extracted from CO's message dated 28 May 95.]
940611:  Applicant admitted to Psychiatric Unit, Portsmouth, VA after suicide attempt. Discharge Diagnosis: Axis I: Alcohol dependence. Axis II: Personality disorder NOS with avoidant and dependent features. Axis III: s/p acetaminophen and ibuprofen. Treatment: Recommend routine administrative separation, Level III ARC via command DAPA.

940617:  Narrative Summary: Discharge Diagnosis: Axis I: Alcohol dependence, Axis II: Personality disorder NOS with avoidant and dependent features (principal), Axis III: S/P acetaminophen and ibuprofen overdose, Axis IV: Routine military, enduring, moderate..

 940919:  Applicant admitted to Level III ARC Norfolk, VA.

 941014:  Applicant completed treatment with minimal program compliance and issued discharge warning.
950515:  NJP for violation of UCMJ, Article 86: Unauthorized absence from unit 0001, 10Apr95 to 0311, 11Apr95 (1 day).
         Award: Forfeiture of $200 per month for 1 month, restriction and extra duty for 20 days. No indication of appeal in the record.
950520:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and by reason of alcohol abuse rehabilitation failure.
950520:          Applicant advised of his rights and having elected not to consult with 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 a statement.
950528:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and by reason of alcohol abuse rehabilitation failure. Commanding officer’s comments (verbatim): OSSN (applicant) went to CO's NJP on two separate occasions. The first NJP was held on 7 Mar 94 for violation of UCMJ Art 121, larceny of 2 cans of Skoal from NEX, Portsmouth, VA. The second NJP was held on 15 May 95 for violation of the UCMJ Art 86, unauthorized absence from his unit from 0001, 11 Apr 95 to 0311, 11 Apr 95. OSSN (applicant) admitted to his chain of command that he was late coming back to the ship because he had consumed too much alcohol while in Port Haifa. OSSN (applicant) was diagnosed by a medical officer as being alcohol dependent and recommended Level III treatment. OSSN (applicant) completed Level III treatment on 14 Oct 94 and was put on a 1 year aftercare program as part of his aftercare program. OSSN (applicant) was supposed to make 4 AA meetings per week. OSSN (applicant) has only made 2 meetings since his completion of his aftercare in Oct 94. Considering this most recent alcohol incident and his failure to comply with his aftercare program, OSSN (applicant) is considered an alcohol rehabilitation failure. OSSN (applicant) has no potential for further useful service. I recommend OSSN (applicant) be discharged with an other than honorable discharge.

950626:  Applicant orally waived right to submit statement.

950721:  BUPERS directed the applicant's discharge general (under honorable conditions) by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 950921 general (under honorable conditions) for misconduct due to commission of a serious offense (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).

In the applicant’s issue 1, the Board does not accept alcohol abuse as a factor sufficient to exculpate the applicant from the consequences of his misconduct. While the Board recognizes that alcoholism and alcohol abuse are not, in themselves, offenses which constitute grounds for punishment, it reminds applicants who commit offenses while drinking that they are still responsible for their actions. They must accept the consequences of their misconduct or misbehavior, whether committed before or after they received rehabilitation treatment.

There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct. At this time, the applicant has not provided any documentation of good character and conduct. Therefore no relief will be granted. The applicant 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 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. 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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