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NAVY | DRB | 1999_Navy | ND99-01142
Original file (ND99-01142.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND99-01142

Applicant’s Request
The application for discharge review, received 990824, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to Released for Naval Convenience. 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 000512. 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

1. To whom it may concern,
I am writing this letter to appeal my discharge from naval service on 16 September 1994. 1 would like specifically blocks 15,24,26,27, and 28. I was discharged for refusing to go to a rehabilitation center for alcohol abuse. I since have received help and am now dedicating my life to try to help others with the same problem. I dedicate 20 hours a week to concealing others with similar problems. Now that I look back I see that I was a very young niece man put into a situation where alcohol was very available. I make no excuses for what happened but it was very easy to get alcohol as a 20-year-old in San Diego on base. When I decided to make the decision not to go to rehab or rather did not think I needed to go I was very immature and needed to figure out on my own that this was a very serous problem and not to take it lightly. Since then I have made many strides to try to correct that problem. Enclosed please find letters of recommendation from United States congressman W_ L_ and Illinois state senator R_ M_ for a job that I applied for. I am sending these letters to you to show you that there was a change in my character and that I am striving to make myself a better person. Also when I was discharged it was explained to me by personnel that I was being discharged for the convince of the navy because if I did not want to go to therapy the navy thought it better that I be discharged rather than take a chance that I screw up. I also did pay for my GI Bill and think it would be very beneficial for me if I went to college. Other than the problem with alcohol that I had I was a model sailor according to my evaluations. I will stand on my military record for you to do as you see fit. I would like to thank you in advance for your time and consideration in this matter.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter of recommendation from House of Representatives dated February 28, 1997
Letter of recommendation from a State Senator dated February 28, 1997
Letter of recommendation from 1 st Vice President, Fraternal Order of Police of Chicago dated February 19, 1997
Letter of recommendation from President, Fraternal Order of Police Family Auxiliary of Chicago dated February 26, 1997
Copy of DD Form 214
Copy of Professional Development Board recommendation dated April 4, 1994
Letter stating completion of Choices Program dated September 8, 1999
Copy of Administrative Separation Information Sheet
Copy of US Navy Leave and Earning Statement
Copy of memorandum re: administrative separation dated July 20, 1994
Copy of advancement prerequisites dated December 9, 1993 for Military requirements for PO3, Signalman 3 & 2 and Boatswain's Mate 3rd Class
Statement from applicant


PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     920420 - 920918  ELS
                  USNR (DEP)      921222 - 921228  COG

 Period of Service Under Review :
Date of Enlistment: 921229               Date of Discharge: 940912

 Length of Service (years, months, days):

         Active: 01 08 15
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 62

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.67 (3)    Behavior: 2.60 (3)                OTA: 3.00

 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 :

930106:  Applicant briefed on Navy's policy on drug and alcohol abuse.

930222:  You are being retained in the Naval service, despite your defective enlistment and induction due to fraudulent entry into naval service as evidenced by your failure to disclose your preservice civil involvement: Criminal damage to property 6/91, paid fine $150.00. However, any further deficiencies in performance or conduct may result in processing for administrative separation.

940616:  NJP for violation of UCMJ, Article 86: Unauthorized absence on 2 May 1994 - 3 May 1994, violation of UCMJ Article 134: Altered I.D. on 3 June 1994
         Award: Restriction for 10 days, reduction to SR. Reduction suspended for 6 months. No indication of appeal in the record.
940616:  Retention Warning: Advised of deficiency (Article 86: Unauthorized absence 2May94 to 3May94 and Article 134: Altered ID card.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
970627:  Applicant refused to participate in Level III treatment and is recommended for administrative separation.
940720:  Applicant evaluated and found to be dependent on alcohol.

 940720:  Applicant offered in-patient treatment due to alcohol dependency. Applicant declined DVA treatment.
940720:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense as evidenced by your violation of the UCMJ, Article 134, altering a military identification card on 3 June 1994 and by reason of alcohol abuse rehabilitation failure as evidenced by your refusal to participate in Level III inpatient treatment on 27 June 1994.
940720:          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.
940815:  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 rehabilitation failure.

940902:  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 940912 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).

 In response to the applicant’s issue, the following is provided. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. The applicant must be aware that there is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB. The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.

The NDRB, under its responsibility to examine the propriety and equity of an applicant's discharge, will change the reason for discharge if such a change is warranted. The summary of service clearly documents that misconduct was the reason the applicant was discharged. No other Narrative Reason for Separation could more clearly describe why the applicant was discharged. To change the Narrative Reason Separation would be inappropriate. Relief not warranted.

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, D.C. 20374-5023     


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