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NAVY | DRB | 2000_Navy | ND00-00578
Original file (ND00-00578.rtf) Auto-classification: Denied


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

ex-OSSA, USN
Docket No. ND00-00578

Applicant’s Request
The application for discharge review, received 000407, requested that the characterization of service on the discharge be changed to Honorable. The applicant requested a personal appearance hearing discharge review. The applicant listed the American Legion as his representative on the DD Form 293.

Decision

A personal appearance hearing, discharge review, was conducted in Washington, D.C. on 000921. The Board conducted a thorough review of all official records, supporting documents, facts, and circumstances unique to this case, in addition to the applicant’s extensive post-service, community, volunteer work. The Board was able to capture a more thorough picture of the applicant as a dedicated individual who got off on the wrong track, but who is making ammends through repeated efforts to counsel others suffering from drug and alcohol substance abuse. The Board’s vote was unanimous that, based on equity, the character of the discharge shall change to: HONORABLE/Secretarial Authority, authority: NAVMILPERSMAN, Article 3630900.
THIS SHELL IS FOR “Misconduct - Pattern - frequent involvement of a discreditable nature with civil or military authorities”. THE FINDING FOR MISCONDUCT (3630600) IS EFFECTIVE FOR 840917 - 851215 ONLY.

SPN CODE HKA THE SPN CODE IS EFFECTIVE 821001 - 860910.

A general discharge is written “UNDER HONORABLE CONDITIONS (GENERAL) ”









PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

None at this time

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Statement from applicant dated June 8, 2000
Letter to applicant dated November 20, 1992
Letter of recommendation dated October 15, 1993
Letter dated November 8, 1993
Job/character reference dated December 12, 1994
Letter to applicant from Medical Center Director dated August 7, 1996
Letter to applicant from Program Assistant, SAMI Program dated September 8, 1997
Copy of Certificate of Appreciation
Letter to applicant dated September 11, 1997
Certificate of Appreciation
Certificate of Commitment to Service dated 1998/99
Copy of degree of Bachelor of Arts dated January 18, 1998
Copy of Certificate to provide service as a Certified Substance Abuse Counselor dated May 10, 2000
Copy of degree of Associate of Arts dated May 13, 1996
Copy of applicant's student record dated June 9, 2000

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        770919 - 810828  HON
                  USNR             810829 - 811126  COG
         Inactive: USNR (DEP)     770422 - 770918  COG

 Period of Service Under Review :
Date of Enlistment: 811127               Date of Discharge: 850408

 Length of Service (years, months, days):

         Active: 03 04 13
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

 Education Level: 12 1/2           AFQT: 80

 Highest Rate: OS2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.32 (5)    Behavior: 3.32 (5)                OTA: 3.44

 Military Decorations: None

 Unit/Campaign/Service Awards: NEM, GCM, HSM, MUC, SSDR

 Days of Unauthorized Absence: 1

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

UNDER HONORABLE CONDITIONS (GENERAL)/MISCONDUCT – Pattern – frequent involvement of a discreditable nature with civil or military authorities, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

830210:  NJP for violation of UCMJ, Article 86 (2 specs): (1) Absent from appointed place of duty 0900-1130, 28Jan83, (2) Absent from appointed place of duty on 0030-0900, 9Feb83.
         Award: Extra duty for 15 days, reduction to OS3. No indication of appeal in the record.
830309:  Applicant on unauthorized absence from COMTHIRDFLT Pearl Harbor since 0700, 83MAR09.
830324:  Applicant surrendered onboard COMTHIRDFLT this date (UA 15 days).
830411:  NJP for violation of UCMJ, Article 86 (2 specs): (1) Absent from appointed place of duty on 2100, 4Mar83, (2) Absent from appointed place of duty on 0700, 9Mar83 until 24Mar83 (surrendered), violation of UCMJ Article 92 (2 specs): Failure to obey a lawful order on 5Mar83, to wit: to report to sick call, (2) Failure to obey a lawful order on 2359, 4Mar83, to wit: to report for duty, violation of UCMJ Article 134 (2 specs): (1) Wrongfully and falsely forged a no/sick in quarters pass on 0730, 7Mar83, (2) Wrongfully used a habit forming drug, to wit: marijuana on 25Mar83.
         Award: Forfeiture of $318 per month for 2 months, correctional custody for 30 days, reduction to OSSN. No indication of appeal in the record.
840207:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 2100, 22Jan84 until 0900, 23Jan84 (surrendered).
         Award: Forfeiture of $150 per month for 1 month, reduction to OSSA. No indication of appeal in the record.
840207:  Retention Warning from Commander, THIRD Fleet: Advised of deficiency (Your performance level has declined. Your ability to not comply with rules and regulations is evident by now having been to Commanding Officer's Nonjudicial punishment three times for being on unauthorized absence. A strong possibility exists that your have a drinking problem.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

841127:  NJP for violation of UCMJ, Article 86: Fail to go at the time prescribed on 11Nov84, to wit: the 0930 supply loading detail.
         Award: Forfeiture of $130 per month for 1 month, reduction to OSSA. No indication of appeal in the record.
850228:  Commanding Officer, Flag Allowance, Commander THIRD Fleet notified applicant of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse and Pattern of misconduct.
850304:  Applicant advised of his rights and having consulted with counsel certified under UCMJ, Article 27B, elected to appear before an Administrative Discharge Board.
850307:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to Drug abuse and a Pattern of misconduct, that the misconduct warranted separation, and recommended discharge under Honorable conditions (General).
850312:  Commanding officer recommended discharge under Honorable conditions (General) by reason of misconduct – Pattern - frequent involvement of a discreditable nature with civil or military authorities. Commanding officer’s comments: Seaman Apprentice (applicant) is on his second enlistment and expected to be more mature and responsible than a young sailor in his first enlistment. His continued disregard for Navy regulations and irresponsibility clearly warrants his expeditious discharge from the Naval service. I concur with the findings of the Administrative Board, however, I do not concur on suspending the discharge. Should he be retained on active duty he will be made available for immediate reassignment as he is not suitable for Flag Allowance assignment.

850329:  CNMPC directed the applicant's discharge under Honorable conditions (General) by reason of misconduct - Pattern – frequent involvement of a discreditable nature with civil or military authorities.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 850408 under Honorable conditions (General) for misconduct, a Pattern of frequent involvement of a discreditable nature with civil or military authorities (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 determined that the discharge was inequitable (C and D). In the course of reviewing an individual’s discharge to determine if relief is warranted, the NDRB has the authority to consider an individual’s post-service accomplishments, in addition to his service record, even though the discharge was determined to have been otherwise equitable and proper at the time of issuance. This applicant successfully demonstrated that his post-service volunteer work and professional pursuits are of such high caliber, to warrant an upgrade to his discharge. The applicant has shown a long standing history of volunteer work, counseling high school students against the evils of substance abuse as well as veterans who have fallen victim to the drug and alcohol demons. His repeated involvement since 1993 demonstrate a sincere commitment to help others. The Board determined his post-service achievements are worthy of granting relief from his original discharge characterization.

 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 – 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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