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NAVY | DRB | 2000_Navy | ND00-00820
Original file (ND00-00820.rtf) Auto-classification: Denied


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

ex-AMEAR, USN
Docket No. ND00-00820

Applicant’s Request
The application for discharge review, received 000615, 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 010125. 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

1. Since being discharged, I have been a model citizen, obeying all local & federal laws. I have "grown-up", & am no longer drinking alcohol. I have had no runs with any law enforcement agencies nor have I had any alcohol related incidents. I would like to have my discharge upgraded so I can some day buy a house using a V. A. Loan.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     871121 - 880912  COG

 Period of Service Under Review :
Date of Enlistment: 880913               Date of Discharge: 920325

 Length of Service (years, months, days):

         Active: 03 06 13
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 64

 Highest Rate: AMEAA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.08 (5)    Behavior: 2.88 (5)                OTA: 3.07

 Military Decorations: None

 Unit/Campaign/Service Awards: BEA, NDSM, SSDR, 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 :

880914:  Applicant briefed upon and certified understanding of Navy's policy concerning drug and alcohol abuse.
890322:  Applicant briefed upon and certified understanding of Navy's policy concerning drug and alcohol abuse.
900502:  NJP for violation of UCMJ, Article 108: Destruction of military property, violation of UCMJ, Article 134: Drunk and disorderly, assimilated crimes act.
         Award: Forfeiture of $405 per month for 1 month, restriction for 45 days, reduction to AMEAR. No indication of appeal in the record.
900703:  Applicant briefed upon and certified understanding of Navy's policy concerning drug and alcohol abuse.
900703:  Retention Warning from Helicopter Mine Countermeasures Squadron 15, Naval Air Station, Alameda, CA: Advised of deficiency (Alcohol abuse.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

900806:  Applicant briefed upon and certified understanding of Navy's policy concerning drug and alcohol abuse.
900806:  Retention Warning from Helicopter Mine Countermeasures Squadron 15, Naval Air Station, Alameda, CA: Advised of deficiency (Alcohol abuse.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

900808:  NJP for violation of UCMJ, Article 134: False or unauthorized pass offenses.
         Award: Forfeiture of $362 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
900904:  Civil Conviction: Municipal Court for San Leandro, Hayward Judicial Districe, County of Alameda, State of California for violation of driving under the influence of alcohol.
 Sentence: Probation for 3 years, fined $997.50, attend DUI school.
900906:  Retention Warning: Advised of deficiency (unknown), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
910318:  Drug/Alcohol Abuse Screening Evaluation: Alcohol abuse confirmed. Applicant found to be psychological alcohol dependent. Recommend Level III treatment.

910510:  Applicant completed alcohol rehabilitation program.

920110:  NJP for violation of UCMJ, Article 92: Failure to obey order or regulation, violation of UCMJ Article 108: Destruction of military property, violation of UCMJ Article 134: Disorderly conduct, drunkenness.
         Award: Forfeiture of $502 per month for 2 months, restriction and extra duty for 45 days, reduction to AMEAR. No indication of appeal in the record.

920128:  HELMINERON FIFTEEN notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and alcohol rehabilitation failure.
920203:  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.
920212:  Medical evaluation for alcohol abuse found the applicant to be psychological alcohol dependent.

920302:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and alcohol abuse rehabilitation failure.

920302:  Medical evaluation for alcohol abuse found the applicant to be a psychological alcohol dependent. Recommend separation with VA follow up.

920318:  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 920325 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).

 The applicant’s issue states: “Since being discharged, I have been a model citizen, obeying all local & federal laws. I have "grown-up", & am no longer drinking alcohol. I have had no runs with any law enforcement agencies nor have I had any alcohol related incidents. I would like to have my discharge upgraded so I can some day buy a house using a V. A. Loan.” The NDRB is authorized to consider post-service factors in the re characterization of a discharge. There is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. 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, may be considered by the NDRB. The applicant provided no documentation, such as: police records, sobriety documentation, or community service, to support his issue. Relief is not warranted.

The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.




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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