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NAVY | DRB | 2000_Navy | ND00-00222
Original file (ND00-00222.rtf) Auto-classification: Denied


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

ex-BTFN, USN
Docket No. ND00-00222

Applicant’s Request
The application for discharge review, received 991202, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000727. 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.

The NDRB did note an administrative error on the original DD Form 214. Block 25, Separation Authority should read: “NAVMILPERSMAN, Article 3630600” vice “MILPERSMAN CHAPTER 36”. The original DD Form 214 should be corrected or reissued as appropriate.





PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. I joined the Navy at age 32 yrs, for change in my life and career. I was going through a divorce and a child together it was hard on me being stationed in San Diego and that far away from my son. I admit in my 6 yrs in the Navy I struggled with drinking and the Navy sent me to Mirimar in CAL. For detox. I did great for a while being sober but then I guess the pressure of being out to sea and pier pressure I relapsed and then was discharged in 93. I've then kept a steady job, own my own home and have a good life I feel that I am a productive citizen. I have a wonderful wife also. I would like to apply for a civil service job one day I know with the discharge I have presently would remote I'm asking in your behave and upgrade better than an OTH. Thank you, Sincerely

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of Letter of Appreciation dated December 7, 1991
Copy of Honorable Discharge Certificate dated October 10, 1991
Copy of Certificate of Reenlistment dated October 11, 1991
Copy of Travel Certificate Separation Without Orders dated April 1, 1993
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        871005 - 911010  HON
         Inactive: USNR (DEP)     870825 - 871004  COG

 Period of Service Under Review :
Date of Enlistment: 911011               Date of Discharge: 930401

 Length of Service (years, months, days):

         Active: 01 05 21
         Inactive: None

 Age at Entry: 36                          Years Contracted: 3

 Education Level: 12                        AFQT: 53

 Highest Rate: BTFN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.13 (3)    Behavior: 2.80 (3)                OTA: 3.27

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, NDSM, SASM, BEA, MUC, CGSOR

 Days of Unauthorized Absence: 7

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 :

920208:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0715, 4Feb92 until 2315, 6Feb92 (2 days/surrendered).
         Award: Restriction and extra duty for 30 days, reduction to BTFA. No indication of appeal in the record.
920612:  NJP for violation of UCMJ, Article 86: Absence from unit, organization or place of duty; 1245, 22May92 to 0930, 26May92 (3 days/surrendered).
         Award: Restriction for 6 days. Restriction for 4 days suspended for 6 months. No indication of appeal in the record.
920918:  NJP for violation of UCMJ, Article 134: Check, worthless, making and uttering by dishonorably failing to maintain sufficient funds.
         Award: Restriction for 60 days. No indication of appeal in the record.
920922:  Retention Warning from USS DULUTH LPD-6: Advised of deficiency (Violation of UCMJ Article 134 - Check worthless, making and uttering by dishonorably failing to maintain funds. To wit: on or before 08 September 1992, make and utter to Big Bear Market a certain check, in words and figures as follows, to wit: Sixty six dollars and eighty eight cents for the purchase of merchandise and thereafter failed to maintain sufficient funds.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

UNDATED:         Retention Warning from [USS DULUTH LPD 6]: Advised of deficiency (Violation UCMJ Art 136 - Worthless checks, making and uttering. Repeated instances of financial irresponsibility in conjunction with alcohol abuse.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

930318:  NJP for violation of UCMJ, Article 86: Absence from unit, organization or place of duty 0715, 15Mar93 to 1500, 17Mar93 (2 days/surrendered).
         Award: Restriction and extra duty for 45 days. No indication of appeal in the record.
930321:  USS DULUTH (LPD-6) 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 the following Commanding Officer's non-judicial punishments: 18 Mar 93, UCMJ, Article 86 - Absence from unit, organization or place of duty; 18 Sep 92, VUCMJ Article 134 - Check, worthless, making and uttering by dishonorably failing to maintain sufficient funds; 12 Jun 92, VUCMJ Article 86 - Absence from unit, organization or place of duty; 08 Feb 92, VUCMJ Article 86 - Absence from unit, organization or place of duty.
930321:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
930322:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. Commanding officer’s comments (verbatim): SNM has been afforded many chances to improve and extensive personal counseling. His alcohol problem has been fully addressed through Level III treatment and he is unable to control his behavior. Since he has proven himself to be an intractable discipline problem with low performance, I highly recommend immediate discharge under other than honorable conditions.

930329:  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 930401 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 the 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, effective 15 Aug 91 until
04 Mar 93), 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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