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NAVY | DRB | 2001_Navy | ND01-00284
Original file (ND01-00284.rtf) Auto-classification: Denied


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

ex-MMFA, USN
Docket No. ND01-00284

Applicant’s Request
The application for discharge review, received 010109, 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 010615. 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, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
         
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     900417 - 910204  COG

 Period of Service Under Review :
Date of Enlistment: 910205               Date of Discharge: 951027

 Length of Service (years, months, days):

         Active: 04 08 23
         Inactive: None

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

 Education Level: 12                        AFQT: 95

 Highest Rate: MM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.17 (7)    Behavior: 3.18 (8)                OTA: 3.40

 Military Decorations: None

 Unit/Campaign/Service Awards: NUC, BER, NDSM, SASM, SSDR

 Days of Unauthorized Absence: 17

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

930616:  Counseling: Advised of deficiency (personal behavior), notified of corrective actions and assistance available.

930618:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 2130, 8Jun93 to 2330, 14Jun93 (6 days/surrendered), violation of UCMJ, Article 87: Missing ship's movement on 9Jun93.
         Award: Forfeiture of $100 per month for 1 month, restriction and extra duty for 14 days, reduction to MMFN. Reduction suspended for 6 months. No indication of appeal in the record.
930702:  Counseling: Advised of deficiency (performance), notified of corrective actions and assistance available.
930923:  Psychiatry Triage Note: Impression: Axis I: Alcohol dependency (by history), Axis II: Personality disorder NOS (by history), Axis III: S/P self inflicted lacerations to the forearms. Recommendations: Admit to the Medical Holding company pending the regular outpatient psychiatric evaluation of 13Oct93.
931013:  Applicant diagnosed as alcohol dependent.

 931122:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and convenience of the government due to personality disorder as evidenced by service record entries.
931207:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
940304:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed a serious offense, and recommended retention and evaluation by CAAC as soon as possible.

940406:  Retention Warning: Advised of deficiency (Misconduct due to commission of a serious offense as evidenced by CO's NJP of 18Jun93.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

950513:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0700, 9Mar95 to 0700, 20Mar95 (11 days/surrendered), violation of UCMJ, Article 92: Failure to obey a written order by wrongfully introducing alcohol on board on 20Feb95.
         Award: Forfeiture of $524 per month for 1 month, restriction and extra duty for 45 days, reduction to MMFN. No indication of appeal in the record.
950717:  Applicant to Alcohol Rehabilitation Center, Norfolk, VA.

 950724:  Applicant refused further treatment. Applicant returned to the command as a treatment failure.
950808:  Medical officer evaluation: Drug/Alcohol Dependency Status: Applicant does not require detoxification. Applicant is not dependent on drugs. Applicant is dependent on alcohol. Comments: Applicant recently dis-enrolled himself from Level III rehab facility for alcohol dependence. He now states he does not believe he is alcohol dependent and does not desire any further rehab while in the Navy.
950913:  NJP for violation of UCMJ, Article 89 (2 specs): Disrespect toward a superior commissioned officer at 0436 and 0700 21Aug95, violation of UCMJ, Article 90 (2 specs): Willfully disobey a superior commissioned officer on 21Aug95, violation of UCMJ, Article 91 (7 specs): Insubordinate conduct toward a petty officer on 21Agu95, violation of UCMJ, Article 134 (2 specs): (1) Drunk and disorderly on 21Aug95, (2) Incapacitated for the performance of duties on 21Aug95.
         Award: Forfeiture of $300 per month for 2 months, restriction and extra duty for 45 days, reduction to MMFA. No indication of appeal in the record.

950808:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and alcohol abuse rehabilitation failure.
950808:          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.
950922:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and alcohol abuse rehabilitation failure.

951011:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

951021:  NJP for violation of UCMJ, Article 112A: Wrongful use of LSD on 21Aug95.
         Award: Confinement on bread and water for 3 days, Forfeiture of $427 per month for 2 months, reduction to MMFR. No indication of appeal in the record.
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 951027 under other than honorable conditions for misconduct due to commission of a serious offense (A and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).

The applicant introduced no decisional issues for consideration by the Board.

There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct. At this time, the applicant has not provided any documentation of good character and conduct. Therefore no relief will be granted. 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.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective
22 Jul 94 until 02 Oct 96, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

 B. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 87, missing movement if adjudged at a Special or General Court-Martial.

 C. 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.

D. 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.

E. 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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