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NAVY | DRB | 2001_Navy | ND01-00107
Original file (ND01-00107.rtf) Auto-classification: Denied


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

ex-DSSA, USN
Docket No. ND01-00107

Applicant’s Request
The application for discharge review, received 001030, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing before a traveling panel closest to Columbus, OH. The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington DC area. The NDRB also advised that the board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010503. 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/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I am writing this letter to give a detailed explanation of why I would like to have my discharge form the United States navy Upgraded to an Honorable status. I believe that I wasn't without fault as to my discharge. In fact I take total responsibility for my Other Than Honorable discharge. During my time in the Navy my alcoholism came forth. I was un-aware of any drinking problem I may have had prior to my service into the Navy. I never fully realized the ramifications of my drinking until a few years after I was discharged from the Navy. I was sent to the Navy's alcohol level one program. My superiors realized I might have had trouble with alcohol. Sadly I did not, and received no further help. I am an alcoholic. Along with my alcoholism I had developed, or aggravated a severe problem with authority figures. This may have stemmed from my childhood, but most likely I had picked it up while in the Navy. I have spent several years analyzing my life, and the decisions I have made. Some of the conclusions I have had to draw about myself where not only hard to make, but often times had been very difficult to my personal pride. I had to accept the fact that my life as I knew it was out of control. I also had to accept the fact that I was entirely responsible for the path my life had taken. I understand that part of my voluntary service in the Navy I made an oath to follow the orders given to me. I did not realize that as a very young man I would be entered into a world where drinking was not only allowed but encouraged. Always willing to please I accepted this encouragement with open arms. I finally found something that I was better at than most people. I found my calling. In the process I was throwing a very important part of my life away. My naval career. I am not asking you to feel sorry for me. If given the opportunity to change any aspect of my life I wouldn't. I realize I am an Alcoholic, and that it has taken away part of my life, part of the opportunities in life that I was trying to give myself by joining the Navy. I would like to have the chance to get those opportunities back. I am attending college at Ohio State University. I am currently maintaining a B average in my first year of studies. I hope t increase that average to an A prior to graduation. Working full time and attending school full time has taken a toll on my ability to support my family. I would like to finish my degree as soon as possible so that I may increase my earning potential Unfortunately I cannot, as I can't afford to pay for more than one class a Quarter. If I had my G.I. Bill back I could complete my studies full time, and still provide for my wife and myself
Thank you for your consideration. I would gladly answer any questions you may have, please feel free to contact me, Sincerely Yours
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)     881220 - 890815  COG

 Period of Service Under Review :
Date of Enlistment: 890816               Date of Discharge: 940517

 Length of Service (years, months, days):

         Active: 04 09 02
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 79/89

 Highest Rate: DS3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.36 (5)    Behavior: 3.56 (5)                OTA: 3.48

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SASM, SDR

 Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

910213:  NJP for violation of UCMJ, Article 86 (3 specs): Unauthorized absence. No further information found in service record. [Extracted from CO's message dated 12Apr94.]

910213:  Retention Warning from [UNKNOWN]: Advised of deficiency (Unauthorized absence (3 specifications), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. [Extracted from CO's message dated 12Apr94.]
920218:  NJP no further information found in service record. [Extracted from Enlisted Performance Record.]

930816:  Applicant extended enlistment for 24 months.

940124:  NJP for violation of UCMJ, Article 92 (2 specs): (1) Failure to obey lawful order on 1Dec93, to wit: not to wear dungaree jacket without a crow, (2) Failure to obey lawful written order on 7Jan94, to wit: failing a sea bag inspection, violation of UCMJ, Article 86: Absence from unit on 1300 to 1345, 12Jan94.
         Award: Forfeiture of $550 per month for 2 months, restriction and extra duty for 45 days, reduction to DSSN. Restriction and extra duty for 30 days. No indication of appeal in the record.
940408:  Vacate restriction and extra duty for 30 days awarded at CO's NJP 24Jan94 due to continued misconduct.
940408:  NJP for violation of UCMJ, Article 86: Failing to go to place of duty on 0730, 4Apr94, to wit: morning divisional quarters.
         Award: Forfeiture of $466 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
940409:  USS HARRY W HILL notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. [Extracted from CO's message dated 12Apr94.]

940409:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights. [Extracted from CO's message dated 12Apr94.]

940412:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

940421:  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 940517 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 NDRB considered the applicant’s issue (letter). The letter describes the applicant’s alcoholism and requests relief in order to pay for school. The Board did not find these issues decisional. While the NDRB is authorized to consider post service conduct in the request for an upgrade, the applicant failed to provide documentary evidence such as school transcripts, completion of alcohol rehabilitation treatment, police records, and employment verification. Relief is not warranted.

 The applicant 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, Change 5, effective 05 Mar 93 until 21 Jul 94), 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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