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NAVY | DRB | 1999_Navy | ND99-01213 (5)
Original file (ND99-01213 (5).rtf) Auto-classification: Denied


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

ex-MMFA, USN
Docket No. ND99-01213

Applicant’s Request
The application for discharge review, received 990914, 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 000522. 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 of misconduct, authority: NAVMILPERSMAN, Article 3630600.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. My discharge was based solely on alcohol-related conduct, and so warrants an upgrade to honorable.

2. Aside from the alcohol use, my service record was satisfactory, and so warrants an upgrade to honorable.

3. I was discharged before I was given much treatment, and so warrants an upgrade to honorable.

4. My conduct and efficiency ratings/behavior and proficiency marks were mostly pretty good and so warrants an upgrade to honorable.

5. I received awards and decorations and so warrants an upgrade to honorable.

6. I received letters of commendation and so warrants an upgrade to honorable.

7. I had a prior Honorable Discharge and so warrants an upgrade to honorable.

8. I have been a good citizen since discharge and so warrants an upgrade to honorable.

9. My record of AWOL/UA indicates only minor or isolated offenses and so warrants an upgrade to honorable.

10. My ability to serve was impaired by my youth and immaturity and so warrants an upgrade to honorable.

11. My use of alcohol impaired my ability to serve and so warrants an upgrade to honorable.


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

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              880500 - 900816  HON
         Inactive: USNR (DEP)     900817 - 910423  COG

 Period of Service Under Review :
Date of Enlistment: 910424               Date of Discharge: 930618

 Length of Service (years, months, days):

         Active: 02 01 25
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

 Education Level: 12 1/2           AFQT: 68

 Highest Rate: MM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.30 (2)    Behavior: 3.20 (2)                OTA: 3.40

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

920312:  NJP for violation of UCMJ, Article 111: Drunken or reckless driving.
         Award: Forfeiture of $486 per month for 1 month, reduction to MMFN. Reduction suspended for 6 months. No indication of appeal in the record.
930112:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ Article 91: Disrespect towards a petty officer, violation of UCMJ Article 117: Provoking speech and gestures, violation of UCMJ Article 134 (2 specs): (1) Disorderly conduct, drunkenness, (2) Threat, communicating.
         Award: Forfeiture of $250 per month for 2 months, restriction and extra duty for 30 days, reduction to MMFN. No indication of appeal in the record.
930225:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ Article 87: Missing movement.
         Award: Forfeiture of $250 per month for 2 months, restriction and extra duty for 30 days, reduction to MMFA. No indication of appeal in the record.
930226:  Retention Warning from USS ANCHORAGE (LSD-36): Advised of deficiency (Violation of any UCMJ Article will immediately begin your processing for an Administrative Discharge under Other Than Honorable conditions.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
930405:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Award: Forfeiture of $200 per month for 2 months, restriction and extra duty for 15 days. Forfeiture suspended for 2 months. No indication of appeal in the record.
930511:  Vacate suspended forfeiture award at CO's NJP 5Apr93.

 930511:  NJP for violation of UCMJ, Article 86: Unauthorized absence on 10May93.
         Award: Restriction and extra duty for 7 days, reprimand. No indication of appeal in the record.
930507:  USS ANCHORAGE (LSD 36) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by one NJP conviction for Violation of the UCMJ, Art.111 - Drunken or reckless driving; one NJP conviction for Violation of the UCMJ, Art. 86 - Unauthorized absence, UCMJ, Art 91 - Disrespect towards a petty officer, UCMJ, Art. 117 - Provoking speech and gestures, UCMJ, Art. 134.73 - Disorderly conduct, drunkenness and UCMJ, Art. 134.110 - Threat, communicating; one NJP conviction for Violation of the UCMJ, Art. 86 - Unauthorized absence and UCMJ, Art. 87 - Missing movement; and one NJP conviction for Violation of the UCMJ, Art. 86 - Unauthorized absence.
930507:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
930510:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

930614:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 930618 under other than honorable conditions for misconduct due to a pattern of misconduct (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 response to applicant’s issues 1 and 11, 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. Relief denied.

In response to applicant’s issues 2,4,5,6, and 7, the Board finds these issues irrelevant. The summary of service clearly documents the pattern of misconduct for which the applicant was discharged. Relief denied.

In response to applicant’s issue 3, the Naval Service is not responsible for curing the applicant’s alcohol problems. Relief denied.

In response to applicant’s issue 8, 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. 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. Relief denied.

In response to applicant’s issue 9, the Board finds that the applicant needs to be reminded that in addition to his multiple Article 86 infractions, the applicant also violated UCMJ articles 111, 91, and 117. Relief denied.

In response to applicant’s issue 10, the Board found that the applicant's age, education level, and test scores qualified him for enlistment. While he may feel that his immaturity was a factor that contributed to his action, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service. The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C, Change 5, effective 05 Mar 93 until 21 Jul 94), Article 3630600, SEPARATION OF ENLISTED PERSONNEL 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 111, for drunken or reckless driving, 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, D.C. 20374-5023     


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