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NAVY | DRB | 2000_Navy | ND00-00107
Original file (ND00-00107.rtf) Auto-classification: Denied


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

ex-AR, USNR(TAR)
Docket No. ND00-00107

Applicant’s Request
The application for discharge review, received 991027, 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 000720. 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 1910-140 (formerly 3630600).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. Prior to entering the service, I was under the impression of having a child which rendered my decision in joining. I have also had numerous treatments for alcoholism, in the service and since being separated. Also I was placed on suicidal watch by a military physician which made me question my own ability to make clear decisions which left me with no alternative but to take some time to myself.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Illinois Treatment Verification
Applicant's Paternity Evaluation Laboratory Report
Pensacola Naval Hospital Emergency Dept, Follow-up Instructions dated 2 May 98

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 970507               Date of Discharge: 980814

 Length of Service (years, months, days):

         Active: 00 10 15
         Inactive: 00 04 21

 Age at Entry: 20                          Years Contracted: 8

 Education Level: 12                        AFQT: 53

 Highest Rate: AR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 23

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

UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

 Chronological Listing of Significant Service Events :

970929:  Commenced active duty for a period of 48 months.

 971212:  Counseling: Attended the Alcohol Aware Class, briefed on NATTC Pensacola policy on under age alcohol abuse, advised of consequences, notified of assistance available and issued discharge warning..
980410:  Unauthorized absence from NATTC Pensacola, FL.

980416:  Surrendered on board NATTC Pensacola, FL (6 days).

 980520:  NJP for violation of UCMJ, Article 86 (2 Specs): 6 days unauthorized absence, 1 mustered, violation of UCMJ Article 111: drunken operation of a vehicle.
         Award: Forfeiture of $450 per month for 1 months, correctional custody for 30 days. No indication of appeal in the record.

980520:  Retention Warning: Advised of deficiency (NJP on 20 May 98 for VUCMJ Article 86, unauthorized absence and Article 111 - drunken operation of a vehicle), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

980520:  Unauthorized absence from NATTC Pensacola, FL.

980606:  Surrendered on board NATTC Pensacola, FL (17 days).

980610:  DAAR: Positive for alcohol abuse identified by civilian police on 21FEB98. Determined not dependent.

980610:  NJP for violation of UCMJ, Article 86: unauthorized absence (17 days).
         Award: Forfeiture of $450 per month for 1 months, restriction and extra duties for 45 days. No indication of appeal in the record.
980611:  CO, NAVHOSP, Pensacola, FL, advises applicant's command that member arrived at the ATF at 0730 and departed at 1045. Member participated in thorough counselor screening to determine if a substance problem exists and to recommend appropriate level of treatment. Member diagnosed alcohol dependence. Recommend member be scheduled to attend Level II treatment at the ATF, consisting of two weeks f formal Intensive Outpatient Treatment and 12 weeks of a structured Continuing Care Program, recommend attend three AA meetings a week and contact Family Services Center for individual counseling.

980612:  Applicant counseled regarding his alcohol/substance abuse, offered treatment program, but refused such treatment.
980610:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to commission of serious offense.

980610:  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

980622:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. Commanding officer’s comments (verbatim): "Airman Recruit (Applicant) received nonjudicial punishment for unauthorized absence and drunk driving. He has been counseled on numerous occasions concerning his military behavior, these counseling sessions have proven futile. In my opinion, he has no potential for future active naval service; therefore, I recommend separation with a discharge under Other Than Honorable conditions by reason misconduct.

980706:  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 980814 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, the Board found nothing in the records nor did the applicant submit any supporting documentation that showed that his personal problems were of sufficient magnitude that they could not be resolved through standard military channels or by the applicant's chain of command. In fact, the Board found that the applicant's age, education, test scores, prior service, promotions and awards were sufficient to qualify him for enlistment. The Board will not grant relief on the basis of this issue.

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, can be considered. In determining whether a case merits a change based on post-service conduct, the NDRB considers the length of time since discharge, the applicant's record of community service, employment, conduct, educational achievements, and family relationships. NDRB experience has shown that applicants with less than five years sobriety usually have not had sufficient opportunity to demonstrate continuing, positive contributions to society. Therefore, relief will not be granted at this time. The applicant is reminded that he remains eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at a personal appearance hearing is highly recommended. The possibility of favorable action in the applicant’s case will increase with the amount of time he maintains an alcohol and drug free lifestyle. Verifiable documentation of such a lifestyle is essential. The applicant is encouraged to continue his community service, remain sober, and apply for a personal appearance hearing prior to 14 August, 2013.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 1997 until Present, Article 1910-140 (formerly 3630600), SEPARATION BY REASON OF MISCONDUCT - 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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