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NAVY | DRB | 2001_Navy | ND01-00305
Original file (ND01-00305.rtf) Auto-classification: Denied


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

ex-MMFA, USN
Docket No. ND01-00305

Applicant’s Request
The application for discharge review, received 010119, 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 010629. 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 1910-140 (formerly 3630600).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. I have no excuses to offer the Board. At no time were my actions justifiable. I am at a completely different place in my life now. While I was on active duty when the misconduct took place I was undergoing treatment for clinical depression. It has been over a year since my discharge and I can honestly say I am a different person. I no longer take any medication for depression and I am infinitely more happy than I was when the misconduct leading to my discharge took place. I appeal to the mercy of the Board to upgrade my discharge. There are no issues I bring to the attention of the Board except my apology for my actions and any inconvenience they caused the Navy.

 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)     951211 - 960821  COG

 Period of Service Under Review :
Date of Enlistment: 960822               Date of Discharge: 991228

 Length of Service (years, months, days):

         Active: 03 04 07
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 87

 Highest Rate: MM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)    Behavior: 3.00 (1)                OTA: 3.00        5.0 evals

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, AFSM, NER, AFEM

 Days of Unauthorized Absence: 10

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

UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

 Chronological Listing of Significant Service Events :

980509:  Applicant to unauthorized absence 0730, 9May98.

980513:  Applicant from unauthorized absence 0900, 13May98 (4 days/surrendered).

990707:  CAAC drug and alcohol dependency screening: Self-referral for drug use. Applicant does not meet dependency for drugs but is considered alcohol dependent and drug abuser. Recommendation: Level III.

990812:  NJP for violation of UCMJ, Article 107: False official statement.
         Award: Forfeiture of $656 per month for 1 month, restriction and extra duty for 30 days. No indication of appeal in the record.
990816:  Applicant to unauthorized absence 0700, 16Aug99.

 990819:  Applicant from unauthorized absence 0930, 19Aug99 (3 days/surrendered).
990901:  NMCP Psychiatry: A: Dysthymic disorder, improved. P: Fit for duty.

 990917:  NJP for violation of UCMJ, Article 86 (7 specs): (1) Unauthorized absence, (2-7) Failure to go to appointed place of duty at prescribed time, violation of UCMJ, Article 87: Missing ship's movement on 17Aug99, violation of UCMJ, Article 134: Breaking restriction.
         Award: Forfeiture of $589 per month for 1 month, restriction and extra duty for 45 days, reduction to MMFN. Reduction suspended for 6 months. No indication of appeal in the record.
990917:  Retention Warning: Advised of deficiency (Unauthorized absence, failing to go to appointed place of duty and breaking restriction which was subsequently violated when he was awarded punishment at CO's NJP on 28Oct99 for failing to go to appointed place of duty.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. [Extracted from CO's message dated15Dec99.]

991028:  Vacate suspended reduction to MMFN awarded at CO's NJP of 17Sep99 due to continued misconduct.
991028:  NJP for violation of UCMJ, Article 86 (6 specs): Failure to go to appointed place of duty.
         Award: Bread and water for 3 days. No indication of appeal in the record.
991115:  Psychiatry Clinic: A: Dysthymic disorder, passive-aggressive traits. P: Fit for duty.

 991117:  Applicant to unauthorized absence 0700, 17Nov99.

 991119:  Applicant from unauthorized absence 0700, 19Nov99 (2 days/surrendered).
991122:  Applicant declined Level III treatment. [Extracted from CO's message dated 15Dec99.]
991129:  Psychiatry Clinic: A: Dysthymic disorder, passive-aggressive traits. P: Fit for duty.

 991201:  Applicant to unauthorized absence 0700, 1Dec99.

991202:  Applicant from unauthorized absence 1200, 2Dec99 (1 day/surrendered).

 991204:  NJP for violation of UCMJ, Article 86 (5 specs): Unauthorized absence.
         Award: Bread and water for 3 days, reduction to MMFA. No indication of appeal in the record.
991205:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct, misconduct due to commission of a serious offense and alcohol abuse rehabilitation failure.
991205:          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

991215:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct, misconduct due to commission of a serious offense and alcohol abuse rehabilitation failure.

991217:  Commander, Cruiser-Destroyer Group 8 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 991228 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 is non decisional. There is nothing in the applicant’s service record or application that shows the applicant was not responsible for his documented misconduct while on active duty. Relief is not warranted.

 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 failed to provide documentary evidence to demonstrate his sobriety, positive community service, employment history, and clean police record. 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 recommended.


Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 1997 until Present, Article 1910-140 (formerly 3630600), SEPARATION BY REASON OF MISCONDUCT - 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 “ afls10.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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