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NAVY | DRB | 2000_Navy | ND00-00539
Original file (ND00-00539.rtf) Auto-classification: Denied


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

ex-AZAR, USN
Docket No. ND00-00539

Applicant’s Request
The application for discharge review, received 000323, 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 001005. 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 request for discharge upgrade is based entirely on the circumstances surrounding the situation. As can be seen in my service record, all of the disciplinary problems I encountered during my four years in the Navy were related in one way or another to my abuse of alcohol. I was barely seventeen when I entered basic training, and was "away from home" for the first time. With blatant youthful immaturity, I started a drinking habit that plagued me throughout my military career. My command tried to help me several different ways, but in true alcoholic fashion, I would sober up long enough to earn back some trust and respect, then return to a drunken stupor. My command finally had enough in the spring of 1990, and discharged me with an "other than honorable" discharge.
It took three more years of stupidity before I got the message and entered a rehabilitation center in my hometown. I can proudly say that I have been sober for close to seven years, I have a wife and lovely daughter, and a solid career using many of the skills I learned while enlisted. It was only recently that I learned of the possibility of changing my discharge status, and I am excited at the possibility of removing a major blemish from the record of my service. I hope that the circumstances I explained are suitable grounds for the review board to grant my request for upgrade.
Thank you for your consideration.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Statement from applicant dated April 19, 2000
Copy of DD Form 214 (Member 1)
Copy of certificate of completion dated January 26, 2000
Copy of receipt copy from California Department of Motor Vehicles
dated April 18, 2000
Character reference dated April 10, 2000
Character reference dated April 18, 2000
Character reference dated April 13, 2000
Character reference from applicant's wife dated April 17, 2000

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     860719 - 860919  COG

 Period of Service Under Review :
Date of Enlistment: 860910               Date of Discharge: 900403

 Length of Service (years, months, days):

         Active: 03 06 24
         Inactive: None

 Age at Entry: 17 parental consent       Years Contracted: 4

 Education Level: 10                        AFQT: 86

 Highest Rate: AZAN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.80 (3)    Behavior: 3.05 (4)                OTA: 2.27

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR (2), BER, MUC

 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 :

880217:  NJP for violation of UCMJ, Article 111: Drunken or reckless driving on 6Feb88, violation of UCMJ Article 134 (2 specs): (1) Underage drinking on 6Feb88, (2) Incapacitated for the proper performance of his duties on 6Feb88.
         Award: Forfeiture of $376 per month for 2 months, correctional custody for 30 days, reduction to AZAA. Reduction suspended for 6 months. [Reduction and suspension extracted from CO's letter dated 7Mar90.] No indication of appeal in the record.
880328:  Retention Warning from Patrol Squadron 1: Advised of deficiency (Improper conduct involving alcohol and malingering.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

880404:  Applicant evaluated for suspected drug/alcohol abuse. Preliminary assessment: Alcohol abuser. Recommendation: NADSAP and attend 2 meetings a week (one while in NADSAP. Quota for Level I 11-15Apr.

880407:  Retention Warning from Patrol Squadron 1: Advised of deficiency (Failure to comply with Navy rules and regulations, to wit: alcohol.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

880413:  Evaluation/Recommendation: Applicant does not appear to be psychologically dependent on alcohol and there is no indication of a pattern of abuse. His DUI and drinking under age appear to be a one-time incident. Recommend NADSAP 36 hour course and 2 AA meetings during the week he is attending NADSAP.

880415:  Applicant received certificate of completion of the NADSAP 36-hour education class.

880428:  NJP for violation of UCMJ, Article 134: Wrongfully consume alcoholic beverages under the age of 21 on 23Apr88. [Extracted from CO's letter dated March 7, 1990.]
 Award: Not found in service record.
880524:  Vacated suspended reduction to AZAA awarded at CO's NJP of 880217.

880617:  NJP for violation of UCMJ, Article 86: Failure to go to appointed place of duty on 29May88.
         Award: Forfeiture of $335 per month for 2 months, restriction and extra duty for 45 days, reduction to AZAR. No indication of appeal in the record.
890918:  NJP for violation of UCMJ, Article 86 (2 specs): (1) Failure to go to appointed place of duty on 5Jul89, (2) Failure to go to appointed place of duty on 25Aug89, violation of UCMJ, Article 112: Drunk while on duty, violation of UCMJ Article 134 (3 specs): (1) Wrongfully consume alcoholic beverages while under age of 21 on 5Jul89, (2) Wrongfully consume alcoholic beverages while under age of 21 on 2Sep89, (3) Wrongfully and falsely alter an identification card on 2Sep89.
         Award: Forfeiture of $323 per month for 2 months, restriction and extra duty for 45 days, reduction to AZAR. No indication of appeal in the record.
900118:  NJP for violation of UCMJ, Article 86 (2 specs): (1) Failure to be at appointed place of duty on 13Dec89, (2) Failure to muster on 17Jan90, violation of UCMJ Article 107: Making a false official statement on 12Dec89, violation of UCMJ Article 134 (2 specs): (1) False swearing on 13Dec89, (2) Adultery on 12Dec89.
         Award: Forfeiture of $362 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
900119:  Patrol Squadron 1 notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and commission of a serious offense.
900123:  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 submit a statement. Applicant statement found in service record.
900130:  Applicant referred for a drug/alcohol abuse screening/evaluation. Medical officer determined applicant is physical/psychological dependent and recommends a minimum of Level III with 1 year follow up.

900215:  Applicant offered and accepted in-patient treatment prior to discharge.

900307:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

900316:  CNMPC 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 900403 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 the applicant’s issue, 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.

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. In reviewing the applicant’s post service, the Board was impressed with the efforts he has begun to make in attempting to recoup his reputation which has been sullied by his misconduct in the Navy. However, the applicant needs to present more evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), employment records (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 enough documentation of good character and conduct. Therefore no relief will be granted. 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.



Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A, Change 8 effective 21 Aug 89 until 14 Aug 91), 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 112, for drunk on duty, 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 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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