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NAVY | DRB | 2000_Navy | ND00-00020
Original file (ND00-00020.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND00-00020

Applicant’s Request
The application for discharge review, received 991006, 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 000606. After a thorough review of the records, 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

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:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)              940920 - 941026  COG

 Period of Service Under Review :
Date of Enlistment: 941027               Date of Discharge: 970218

 Length of Service (years, months, days):

         Active: 02 03 22
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 72

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.33 (3)    Behavior: 1.33 (3)                OTA: 2.11        5.0 evals

 Military Decorations: None

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

 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 :

960122:  Retention Warning: Advised of deficiency (Failure to complete initial submarine qualifications in the 36 weeks assigned time (still not qualified after 44 weeks). Failure to follow the corrective actions of your letter of instruction dated 14 December 1995. Sleeping during your assigned quiet study. Losing your qualifications cards two times.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

960221:  NJP for violation of UCMJ, Article 86: Absence without leave.
         Award: Forfeiture of $250 per month for 1 month, restriction and extra duty for 45 days. Forfeiture suspended for 1 month. No indication of appeal in the record.
960221:  Retention Warning: Advised of deficiency (Absence without leave, in that you failed to report for delinquent study of 30 January 1996. Poor uniform and grooming habits. You are 16 weeks delinquent in submarine qualifications despite numerous counseling sessions, generous extra study time, and a previous NAVPERS 1070/613 and letter of instruction outlining your deficiencies and providing detailed corrective actions in this area.. Sleeping during your appointed study time. Disrespect to senior petty officers.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

960424:  Civil Conviction: Cited by Chesapeake Police Department, Collinsville, TX for violation of driving under the influence of alcohol.
 Sentence: Fined $250.00, jail for 30 days, driver's license suspended for 12 months, referred to VASAP. Court cost $29.00. Jail suspended.
960429:  Retention Warning: Advised of deficiency (Indebtedness to Charge and Electronic Center for the amount of $160.00, financial irresponsibility in that you failed to contractually agreed loan payments for four months.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

960517:  NJP for violation of UCMJ, Article 86: Absence without leave, violation of UCMJ Article 92 (3 specs): Failure to obey order or regulation.
         Award: Forfeiture of $250 per month for 1 month, restriction and extra duty for 45 days, reduction to SR. No indication of appeal in the record.
960719:  Civil Conviction: Cited by Hampton City Police, Norfolk, VA for violation of driving under the influence of alcohol.
 Court scheduled for 19Jan97.
961024:  CAAC Level II treatment terminated 18Oct96 due to failure to comply with the program requirements. Specifically, applicant missed two days of group due to being incarcerated for an additional alcohol related incident. Recommend reevaluation for possible alcohol dependency.

9611XX:  Applicant cited by Virginia Beach City Police for driving under the influence of alcohol. Court scheduled for 23Jan97. [Date estimated.]

961118:  Applicant found to be ETOH dependent. Do not recommend any further rehab. Proceed with admin sep.

961209:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct, commission of a serious offense, civil conviction and alcohol abuse rehabilitation failure.
961209:          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

961210:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct, commission of a serious offense, civil conviction and alcohol abuse rehabilitation failure.

970206:  COMSUBGRU TWO 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 970218 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, 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.

The following is provided for the applicant’s edification. 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. Relief denied.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C, Change 14, effective 03 Oct 96 until 11 Dec 97), 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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