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NAVY | DRB | 2001_Navy | ND01-00166
Original file (ND01-00166.rtf) Auto-classification: Denied


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

ex-FA, USN
Docket No. ND01-00166

Applicant’s Request
The application for discharge review, received 001127, requested that the characterization of service on the discharge be changed to honorable. 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 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/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. While aboard the USS Maryland SSBN 738 I was found guilty in 2 Captains Masts. The second of which I was found guilty of being drunk on duty. I was found guilty while out to sea pending the results of a blood alcohol test. When we pulled back into port they could not find the results of this test. So in actuality I would not have been guilty at that Captains mast.

2. The truth is I had requested 4 times with a request chit to be discharged from the service prior to my Captains Masts. I was young & very stupid. I wanted out of the service very bad & would have done anything to do so. However each request was denied.

3. Since then I have changed my life. I realize now that I made a big mistake in doing what I had done. I've been a productive member of society. I've also been a supervisor in a mechanic shop for the last 3 years. I recently have been corporate downsized & find it hard to find a job due to my military discharge.

4. I respectfully request the review board to review the above discharge. It has been a long time since my discharge & I could not tell you how many times I thought back and realized that I learned a lot from the Navy, which is invaluable. It has made me the person that I am today. If I could turn the clock back, I would still be in the Navy. My request is to have an honorable discharge, Thank you.




 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)     900723 - 901112  COG

 Period of Service Under Review :
Date of Enlistment: 901113               Date of Discharge: 921113

 Length of Service (years, months, days):

         Active: 02 00 01
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 86

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (2)    Behavior: 3.80 (2)                OTA : 3.40

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

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 :

901120:  Applicant briefed on Navy's policy on drug and alcohol abuse.

920529:  Applicant evaluated by a Counseling and Assistance Center and found to be psychologically dependent. Recommend Level III treatment at the earliest opportunity.
920603:  Drug/Alcohol Dependency Evaluation: A: ETOH psychological dependent. P: Level III.

920618:  Retention Warning: Advised of deficiency (Alcohol abuse/alcohol dependence.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
920728:  NJP for violation of UCMJ, Article 92: Failure to obey a lawful order of the UCMJ.
         Award: Forfeiture of $100 per month for 2 months, oral admonition, reduction to FA. Reduction suspended for 3 months. No indication of appeal in the record.
920824:  NJP for violation of UCMJ, Article 92: Failure to obey a lawful order, violation of UCMJ, Article 112: Drunk while in a duty status.
         Award: Forfeiture of $100 per month for 2 months, reduction to FA. No indication of appeal in the record.
920908:  Applicant admitted to Naval Alcohol Rehabilitation Center, Jacksonville, FL.
920909:  Applicant discharged as not amenable to treatment from Naval Alcohol Rehabilitation Center, Jacksonville, FL. Applicant requested termination from treatment. Diagnosis: Alcohol dependence.
921009:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of alcohol rehabilitation failure and commission of a serious offense.
921009:          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.
921016:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and alcohol rehabilitation failure Commanding officer’s comments (verbatim): Per reference (a) through (c), Fireman Apprentice (applicant) is being processed for discharge due to his unreliability as a member of the armed forces as evidenced by his refusal to accept alcohol rehabilitation and commission of a serious offense (drunk on duty). Fireman Apprentice (applicant) was diagnosed as alcohol dependent and recommended for Level III rehabilitation. He was directed to attend Level III Alcohol Rehabilitation in Jacksonville. Fireman Apprentice (applicant) refused treatment and was returned to the command with a recommendation for discharge. I fully believe Fireman Apprentice (applicant) is using his refusal of alcohol rehabilitation as a way out of his obligated service. Fireman Apprentice (applicant) should be discharged from the Naval service, and a strong recommendation for an other than honorable discharge is forwarded.

921104:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 921113 under other than honorable conditions for misconduct due to commission of a serious offense (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 first issue states: “While aboard the USS Maryland SSBN 738 I was found guilty in 2 Captains Masts. The second of which I was found guilty of being drunk on duty. I was found guilty while out to sea pending the results of a blood alcohol test. When we pulled back into port they could not find the results of this test. So in actuality I would not have been guilty at that Captains mast.” The Board found no impropriety in the applicant’s discharge. A blood alcohol test is not required to find an individual guilty of being drunk on duty. The Board noted the applicant was found guilty on two separate occasions of violations of the UCMJ and refused to comply with the regiment at ARC. Relief is denied.

The applicant’s second issue states: “The truth is I had requested 4 times with a request chit to be discharged from the service prior to my Captains Masts. I was young & very stupid. I wanted out of the service very bad & would have done anything to do so. However each request was denied.” There is nothing in the applicant’s record, nor did the applicant provide evidence to support this issue. Relief is not warranted.

The applicant’s third issue states: “Since then I have changed my life. I realize now that I made a big mistake in doing what I had done. I've been a productive member of society. I've also been a supervisor in a mechanic shop for the last 3 years. I recently have been corporate downsized & find it hard to find a job due to my military discharge.” While the NDRB may consider post service conduct in a request for upgrade, the applicant failed to substantiate his issue with any documentation. Relief is not warranted.

The applicant’s fourth issue states: “I respectfully request the review board to review the above discharge. It has been a long time since my discharge & I could not tell you how many times I thought back and realized that I learned a lot from the Navy, which is invaluable. It has made me the person that I am today. If I could turn the clock back, I would still be in the Navy. My request is to have an honorable discharge, Thank you.” The Board carefully reviewed the applicant’s service record and found no impropriety or inequity in the discharge. The Board may upgrade an applicant’s discharge based on post service conduct such as: documented sobriety, community service, sustained employment, clean police record and educational pursuits. The passage of time and the realization of the errors in one’s ways are not reasons, however, for the Board to upgrade a discharge. Relief is denied.

 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 – COMMISSION OF A SERIOUS OFFENSE.

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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