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NAVY | DRB | 2000_Navy | ND00-00200
Original file (ND00-00200.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND00-00200

Applicant’s Request
The application for discharge review, received 991129, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing discharge review. The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, the applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000803. 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: UNCHARACTERIZED/ MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. Dear Sir or Madame;

I am (applicant), and I am an alcoholic. Let me start by saying I have three years eight months and ten days sober, dating back to March 13, 1996. Records will show that I did perform above average mentally and physically in boot camp, as well as having the highest scores on record at that time for Navy personnel in the Postal Operations Course. Also, my physical readiness results remained excellent even after a high speed motor vehicle accident on February 25, 1994, as the attached OPNA 61110/2 Form will illustrate (Document #1). My point in all of this is that no matter how severe my alcoholism became I still made extraordinary efforts to remain an outstanding Seaman. Yes, I did have many infractions under the UCMJ. All of my infractions were however alcohol related. I think this just shows how truly out of control I was.

Let us start with the February 25, 1994 high-speed (88-MPH) car accident, which involved alcohol, as supported by the City Of Cincinnati Lab Report (Document #2). My own attorney even stated, I was "somewhat over the limit"(Document #3). Next, 15 April 1994, wrongfully consuming alcohol under the age of 21 (Document #4). Then of 5 May 1994 claiming a stomach virus, I reported to sick call. (Document#5 & #6). Actually, I was recovering from severe alcohol poisoning, as the stated symptoms would imply inordinate weakness, 12 hours of sleep, diarrhea, stomach pain, and a sore throat from vomiting so much. Moreover, the 6 May 1994 medical records noted "occasional sweats"(Document #7.) One week later on 13 May 1994, in a bar fight I received a horrible black eye and claimed to have fallen on the comer of my bed. (Document#8.) Only 4 days later on 17 May 1994, once again wrongfully consuming alcohol under the age of 21. (Document #4.) Next, a week after that on 24 May 1994, I totally went crazy in my room threatening some of my fellow seamen and waking practically everyone in the building. (Document #4)

I do realize that the Department of the Navy did try helping me with my problem. Attempting to rehabilitate me with what is called Level II DAPA which if I remember correctly was twice a week counseling sessions without a detoxification or mandatory urinalysis. I also realize that as a newly enlisted seamen that spending the money to have me property rehabilitated and allowing me to remain enlisted was hard to justify and not worth the chance. Or, as stated on Document #4,"while he has capability of good performances, believe his actions ICW alcohol are long standing and would characterize his further service." Especially since, also as stated on Document #4,"his commitment to alcohol abuse is stronger than his commitment to useful service."

There are several reasons for me submitting a DD Form 293. Most of all is pride. I have a hard time even telling my closest friends that I received an entry-level separation for reasons of misconduct. To me it means that I was not even committed or disciplined enough to serve my country. I also plan on beginning a career with the post office, and it is my understanding that "true" veterans receive bonus points on the postal exam. Finally, my reentry code, RE-4, is also a concern for me. I would like the opportunity if there was a dire need for military personnel, or if I just decided I would like to reenlist to be able to.

In closing, I will begin by apologizing for my conduct as SR (applicant) and ask you to look at Mr. (applicant) and see that I do deserve and honorable discharge for the honest effort I made mentally and physically even while battling a serious alcohol problem. I'm going to end by quoting the summary of the character reference statements I submitted prior to my discharge,"all make not of his good work or student performance, but several note his involvement with alcohol and recommend honorable discharge as final resort."


Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Five pages from applicant's service/medical records
Letter from applicant's attorney to applicant dated March 30, 1994
Copy of Lab report dated March 22, 1994
Copy of Risk Factor Screening/Physical Readiness Test Results (page 1 and 3)
Copy of DD Form 214.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     931221 - 931220  COG

 Period of Service Under Review :
Date of Enlistment: 931221               Date of Discharge: 940826

 Length of Service (years, months, days):

         Active: 00 08 06
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: Unknown                  AFQT: 90

 Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                           Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: None

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

UNCHARACTERIZED/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

940524:  NJP for violation of UCMJ, Article 92 (2 specs): Wrongfully consuming alcohol under the age of 21 on 15Apr94 and 0930, 17May94; violation of UCMJ, Article 134 (4 specs): (1) Drunk and disorderly, (2) Threatening other students, (3) Disturbance in berthing room, (4) Violation of quiet hours.
         Award: Forfeiture of 1 weeks pay, restriction for 14 days. No indication of appeal in the record.
940524:  Retention Warning: Advised of deficiency (Your failure to abide by the rules and regulations of the U.S. Navy and the Uniform Code of Military Justice (UCMJ) as evidenced by your nonjudicial punishment on: 24May94.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
940609:  NJP for violation of UCMJ, Article 92 (2 specs): (1) Consuming alcohol while on restriction, 2215, 30May94, (2) Consuming alcohol while under the age of 21 on 2215, 30May94.
         Award: Forfeiture of 1 weeks pay. Forfeiture suspended for 6 months. No indication of appeal in the record.
940609:  Medical evaluation: Alcohol dependent. Failed Level II rehabilitation, 9Jun94. [Extracted from CO's message dated 22Jun94.]

930613:  Applicant notified of intended recommendation for discharge entry level separation conditions by reason of misconduct due to the commission of a serious offense and alcohol abuse rehabilitation failure. [Extracted from CO's message dated 22Jun94.]
940613:          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. [Extracted from CO's message dated 22Jun94.]
940613:  Applicant's statement: Based on my conduct and repeated disregard of the regulations set forth by the Dept of the Navy, I realize what I have to say may not be plausible. However, I have made the decision to express my feelings. As you can see, I have an outstanding work ethic, a wonderful attitude, and I always maintain my military bearing. I also believe it is fair to make the assumption that all of my violations are directly related to alcohol abuse or possible alcoholism. I would also like to state that I have been completely honest in all issues regarding this problem and all other points involved. Although I greatly wish the military would retain me, I understand all decisions that have been and will be made concerning me are for the good of the Navy as well as myself. Finally, I will ask for your careful consideration in making this decision. (OIC NOTE: SR (applicant) submitted several character reference statements made by personnel he worked for or who were his instructors in the postal school at Ft. Benjamin Harrision. All were noted of his good work or student performance, but several note his envolvement with alcohol and recommend honorable discharge as final resort.) [Date estimated.] [Extracted from CO's message dated 22Jun94.]

940622:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and alcohol abuse rehabilitation failure. Commanding officer’s comments (verbatim): Separate at entry level. Date of entry into ACDUT (24Dec93) and statement of intent to process for ADSEP (13Jun94) put SNM within definition of MILPERSMAN Art 3010200J, separation at entry level. While he has capability of good performances, believe his actions ICW alcohol are long-standing and would characterize his further service. Of special significance is his consuming alcohol while on restriction following NJP. Believe signal from the incident is that his commitment to alcohol abuse is stronger than his commitment to useful naval service. Exhausted local rehab (DAPA, AA, CAC II). Will offer VA alcohol rehab if ADSEP approved.

940707:  BUPERS directed the applicant's uncharacterized discharge 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 940826 uncharacterized 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 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 5, effective
05 Mar 93 until 21 Jul 94, 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 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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