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NAVY | DRB | 2000_Navy | ND00-00720
Original file (ND00-00720.rtf) Auto-classification: Denied


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

ex-MSSN, USN
Docket No. ND00-00720

Applicant’s Request
The application for discharge review, received 000502, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing discharge review before the Board in the Washington National Capital Region. The applicant listed DISABLED AMERICAN VETERANS as his representative on the DD Form 293.

Decision

A personal appearance hearing discharge review was conducted in Washington, D.C. on 001108. 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 3 to 2 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

 1. "Under Other Than Honorable Conditions discharge upgrade to Honorable."

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Personal letter from the applicant.
Reference letter from C_ T. C_, Jr., dated July 09, 1999
 Letter from Mid-Eastern Iowa Community Health Center (2 pages),
dated Sept 24, 1999
Letter from Mid-Eastern Iowa community Health Center, (2 pages),
dated Sept 13, 1999
Letter from S_ B. L_, dated Aug 16, 1999
Letter from University of Iowa (2 pages), dated Jun 14, 1999
Letter from K_ M_ H_ (5 pages), dated 10-4-99

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     860111 - 860209  COG

 Period of Service Under Review :
Date of Enlistment: 860210               Date of Discharge: 890201

 Length of Service (years, months, days):

         Active: 02 11 23
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

Education Level: 12                        AFQT: 89

 Highest Rate: MS3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.40 (3)    Behavior: 2.53 (3)                OTA: 3.33

 Military Decorations: None

 Unit/Campaign/Service Awards: USCGSOR, SSDR (2 ND )

Days of Unauthorized Absence: 3

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 :

861007:  NJP for violation of UCMJ, Article 134: While on liberty in Antwerp, Belguim, became drunk and disorderly on 860929, which conduct was of a nature to bring discredit upon the armed forces.
         Award: Forfeiture of $358.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.

861104:  Referred to Medical Clinic for drug and alcohol evaluation. Medical Officer indicated applicant was in good physical condition, had imbibed no alcohol for two months, and had no symptoms of hepatitis. Applicant admitted to 6 pack per day when allowed and occasional binge drinking. Determined applicant did not need detoxication. Prescribed 500 mg per day Antabuse, follow-up in two week, and referral to CAAC.

880601:  NJP for violation of UCMJ, Article 90: Disobey a lawful order from a superior commissioned officer to consent or no consent to a fitness for duty evaluation, by signing the form 880504, violation of UCMJ Article 91: Insubordinate conduct toward a superior petty officer by saying to him "Fuck you", or words to that effect on 880504, violation of UCMJ Article 92: Disobey a lawful order from a superior petty officer by wrongfully refusing to get into his rack on 880504, violation of UCMJ, Article 117: Wrongfully used provoking words "Stupid mother fuckers" and gestures "shaking his penis" towards ET1 W_____ DMAA and SK1 N____ Duty Supply on 880504, violation of UCMJ, Article 134: Drunk and disorderly conduct which was of a nature to bring discredit upon the armed forces.
         Award: Forfeiture of $412.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-3 (suspended for 6 months). No indication of appeal in the record.

880601:  Retention Warning from [USS W. S. SIMS {FF-1059}] : Advised of deficiency (Violation of UCMJ, Articles 90, 91, 92, 117 and 134: Drunk and Disorderly), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

880705:  Joined NAVALREHCEN Jacksonville, FL. The applicant was referred for treatment by his command after an NJP (combative behavior after drinking a "few beers" - charged with disrespect and failure to obey a lawful order).

880812:  Discharged from NAVALREHCEN Jacksonville, FL. Hospitalized 38 days. Overall treatment progress was good and final prognosis was good. Final diagnosis: Alcohol dependence, (DSM IIIR 303.90).

880812:  Acknowledged notification of completion of treatment for alcoholism at the Naval Alcohol Rehabilitation Center, Jacksonville, Florida, and warning that failure to satisfactory complete all aspects of aftercare program, or involvement in a subsequent alcohol-related incident which adversely affects military behavior, adaptability or professional performance, may result in being considered for administrative separation from the navy.

881208:  NJP for violation of UCMJ, Article 86: UA 0600-0810, 881204, violation of UCMJ Article 134: (2 Specs), Drunk and disorderly, conduct was of a nature to bring discredit upon the armed forces on 881204 and incapacitation for performance of duties through prior wrongful indulgence in intoxicating liquor on 881204.
         Award: Forfeiture of $412.00 per month for 2 months, restriction and extra duty for 30 days, reduction to E-3. No indication of appeal in the record.

881212:  USS W.S. SIMS {FF-1059} notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct commission of a serious offense, pattern of misconduct, and alcohol abuse rehabilitation failure [Extracted from CO's Msg dated 890118].
890102:  Substance Abuse Report: Member was not recommended for further service by commanding officer [Extracted from CO's Msg dated 890118]

890104:  Referred to Sick Bay for evaluation for possible alcohol intoxication while on restriction for drunk on duty. Diagnosis was possible alcohol ingestion and referral to Medical for fitness for duty evaluation [Extracted from Medical Record].

890109:  NJP for violation of UCMJ, Article 86: On or about 6-22 Dec 88, Failed to fo to appointed place of duty at the time prescribed, restricted muster, violation of UCMJ Article 134: Broke restriction on 890104, violation of UCMJ Article 90: Disobey a lawful order of a superior commissioned officer to make all restricted musters, violation of UCMJ, Article 86: UA 0700, 890106 to 0625, 890109 (3days/A).
Award: Restriction for 30 days, reduction to E-2 (suspended for 6 months. No indication of appeal in the record.
890109:  Applicant advised of his rights and having elected 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 [Extracted from CO's message dated 890118].

890117:  Drug and Alcohol Abuse Evaluation by medical officer: Significant physical finding indicative of alcohol dependency and psychologically dependence. Detoxication not required. Physical alcohol dependency not established. Psychological/emotional dependence on alcohol definite. Rehabilitation not required. Prognosis for continued service with rehabilitation: Fair, without rehabilitation: Poor. [Extracted from CO's Msg dated 890118].

890118:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct commission of a serious offense, pattern of misconduct, alcohol abuse rehabilitation failure.

890127:  CNMPC directed the applicant's discharge Under Other Than Honorable Conditions by reason of misconduct due to a Pattern of Misconduct.
890201:  Applicant declined the opportunity to receive a minimum of 30 days in-patient treatment at a veteran administration hospital.

960729:  NDRB documentary record review Docket Number ND96-00740 conducted. Determination: discharge proper and equitable; relief not warranted.


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 890201 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).

Issue 1. The applicant request his Other Than Honorable discharge be upgraded to Honorable. The applicant provided a personal letter containing his opening statement, several letters of reference and a letter from the Mid-Eastern Iowa Community Mental Health Center. This documentation does not mitigate the applicant's misconduct and was insufficient to justify upgrading his discharge. The Board determined there were no errors in the execution of the applicant's discharge and the discharge characterization was equitable, based on the applicant's misconduct. Therefore, relief is denied.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A, Change 6 effective 11 Jan 89 until 24 May 89), 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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