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NAVY | DRB | 2000_Navy | ND00-00555
Original file (ND00-00555.rtf) Auto-classification: Denied



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

ex-AOAN, USN
Docket No. ND00-00555

Applicant’s Request
The application for discharge review, received 000403, 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 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 – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. I was told by my skipper that 6 mos after my discharge my type of discharge would be automatically upgraded.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214. (2 copies)

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: 810728               Date of Discharge: 850716

 Length of Service (years, months, days):

         Active: 03 11 19
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 10                        AFQT: 83

 Highest Rate: AOAN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.07 (6)    Behavior: 2.90 (6)                OTA: 3.20

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

830620:  Applicant received Level II.

830714:  Applicant completed Level II.

 830727:  Applicant terminated from treatment due to his failure to participate in counseling and considered alcohol rehab failure.
830921:  Applicant terminated from CAAC Substance Abuse Program as a result of: a: lack of participation, b: non-cooperation, c: not open to counseling, d: unexplained absence. Note: SNM refuses to accept the seriousness of his involvement with alcohol. He has been counseled in group settings as well as on an individual basis concerning his alcohol abuse. AA (applicant) strongly denies any problems with his drinking. SNM has failed to participate in the Aftercare portion of his program, antabuse therapy, urinalysis screening and Aftercare group. He is terminated from the Substance Abuse Program effective 27 July 1983.

830928:  NJP for violation of UCMJ, Article 91: Disobeying a lawful order from 25Jul83 to 8Sep83.
         Award: Forfeiture of $100 per month for 2 months, confinement for 30 days, reduction to AOAA. Forfeiture and reduction suspended for 6 months. No indication of appeal in the record.
830928:  Retention Warning: Advised of deficiency (Fail to obey the order of superior warrant officer.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

840511:  Applicant counseled on existing VA-83 instructions in regards to: drug/alcohol abuse, legal consequences of illicit drug/alcohol abuse, urinalysis screening, and results of urinalysis test may be used for all purposes, including disciplinary action and discharge characterization.
850321:  Applicant referred to CAAC as a result of an alcohol related incident and family violence which occurred on 19Jan85. Applicant was found to psychologically dependent upon alcohol and is considered to be a chronic alcohol abuser. Applicant has an overwhelming number of alcohol related incidents beginning in 1981. These incidents include at least two and possibly three DWI arrests. In addition, his medical record reflects alcohol abuse and family violence beginning in 1981.

850422:  Retention Warning: Advised of deficiency (Irresponsibility through neglect in carrying out lawful orders or regulations by being on unauthorized absence from unit and place of duty.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

850515:  NJP for violation of UCMJ, Article 86: Unauthorized absence; violation of UCMJ Article 92: Failure to obey a lawful order; violation of UCMJ Article 134 (2 specs): (1) Drunk on station, (2) Incapacitated for duty, violation of UCMJ, Article 111: Driving drunk on station. Offenses occurred 7May85 and 8May85.
         Award: Oral admonition. No indication of appeal in the record.
850619:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense.
850619:  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 make a statement

 850628:  Applicant's partial statement found in CO's message dated 28Jun85.
850628:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

850709:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

850716:  Applicant elected inpatient treatment for alcohol dependency.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 850716 under other than honorable conditions for misconduct due to commission of a serious offense (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 1, 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. The Board reviews the propriety (did the USN/USMC follow its own rules in processing the applicant for discharge) and equity (did the applicant receive a discharge characterization in keeping with the USN/USMC guidance or was the characterization typical of other service members being separated for the same reason) of each applicant’s discharge. Finally, the Board is authorized to consider post-service factors in the recharacterization of a discharge (what has the applicant done since discharge to become a contributing member of his community and to society in general). No relief will be granted based on this issue.

Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560, Change 10/84, effective 17 Sep 84 until 15 Dec 85), Article 3630600, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.
B. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article [e.g., 86, for unauthorized absence for a period in excess of 30 days] 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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