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NAVY | DRB | 2001_Navy | ND01-00536
Original file (ND01-00536.rtf) Auto-classification: Denied


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

ex-BUCA, USN
Docket No. ND01-00536

Applicant’s Request
The application for discharge review, received 010320, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant requested a personal appearance hearing discharge review before the Board in the Washington National Capital Region. 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) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010719. 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 (verbatim)

 1. Gentlemen of the Board, My name is D____ R B_____, I was in the Sea-Bees for 2 yrs and 10 months. I was very young as was most of my sea mates when I joined I'm not writing you to say that you or anyone in the upper echelon were wrong in giving me an other than honorable discharge. But I write to you today begging for forgiveness. I'm 30 yrs old now and much more mature than the 19 yr old alcoholic that your Navy had the opportunity of knowing. I have a good job I have a wonderful fiancée and a 6 yr old son whom I will be adopting this year. I realize I have no paper work to dispute your decision 10 yrs ago only the fact that I'm a productive part of society and I did spent 8 months in Saudi Arabia for our country. I no longer drink alcohol at all. All I can do is ask your forgiveness for something I did a very long time ago. The time I did spend in the Navy I felt I served my country very well. I was a very hard worker and I always gave 110%. My grandfather was in the navy (which is the reason I joined) he used to tell me all the fun times him and his shipmates had and I think that was one of the reason I drank so much. I know its no excuse, but that was my immature mentality at the time. Please consider my plea not only for me but for my new family. Thank you.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Congressman Contact Authorization
Letter from Applicant (3pgs)
Fax from Congressman J___ A. T____

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     890124- 891227   COG

 Period of Service Under Review :
Date of Enlistment: 891228               Date of Discharge: 921015

 Length of Service (years, months, days):

         Active: 02 10 13
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 58

 Highest Rate: BUCN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (2)    Behavior: 2.90 (2)                OTA: 3.50

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, KLM, SASM, SSDR (2 ND ), BATTLE"E"RIBBON (2 ND ), M16A1 Rifle Marksman Ribbon

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 :

910801:  NJP for violation of UCMJ, Article 92: (2 Specs) violation of other lawful orders on 910612, Spec 1: Wrongfully driving without a valid government or state license; Spec 2: Driving without a valid base decal or pass for vehicle on board CBC, Port Hueneme, CA; violation of UCMJ Article 111: (2 Specs) Operate a motorcycle while drunk, and in a reckless manner on 910612.
         Award: Forfeiture of $400.00 per month for 2 months, restriction to limits of CBC, Port Hueneme, CA for 30 days (suspended for 6 months), extra duty for 30 days, reduction to next inferior pay grade (suspended for 6 months). No indication of appeal in the record.

910803:  NJP for violation of UCMJ, Article 113: Sleep on Watch.
         Award: CCU for 30 days. No indication of appeal in the record.
910805:  Retention Warning from CO, U.S.NAVAL MOBILE CONSTRUCTION BATTALION FIVE: Advised of deficiency (Your misconduct as evidenced by the commanding officer's nonjudical punishment of 900802, at which you were found guilty of violating the UCMJ, Article 113(Sleeping on watch on 900717), and your misconduct as evidenced by the commanding officer's nonjudical punishment of 910801, at which you were found guilty of violating the UCMJ, Article 92, Charge I: Spec 1: Violation of other lawful orders on 910612, by wrongfully driving without a valid government or state license at CBC, Port Hueneme, CA; and violating the UCMJ, Article 111, Charge II: Spec 1: Operate a motorcycle while drunk on 910612, Spec 2: Operate a motorcycle in a reckless manner on 910612), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910820:  Drug/Alcohol Dependency Evaluation found applicant alcohol dependent, recommended for Level III (ARS/ARC).

920911:  NJP for violation of UCMJ, Article 134: (2 Specs), Disorderly conduct, drunkenness and indecent language to Mrs R____ N. D____, civilian, on or about 920905.
         Award: Forfeiture of $482.00 per month for 1 month, restriction to limits of CBC, Port Hueneme, CA for 30 days, extra duty for 30 days, reduction to E-2. No indication of appeal in the record.

920916:  CO, U.S. NAVAL MOBILE CONSTRUCTION BATTALION FIVE notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by all punishments under the UCMJ in your current enlistment; misconduct due to commission of serious offense as evidenced by CO's NJP of 900802, at which you were found guilty of violating the UCMJ, Article 113, sleeping on watch on 900717; CO's NJP of 910801, at which you were found guilty of violating the UCMJ, Article 92 (2 Specifications)-- Violation of other lawful orders on 91061, by wrongfully driving without a valid base decal or pass for vehicle on board CBC, Port Hueneme, CA; and Article 111 (2 Specifications)--Operate a vehicle (motorcycle) while drunk, and in a reckless manner on 910621; CO's NJP of 920911, at which you were found guilty of violating the UCMJ, Article 134 (2 Specifications)--Disorderly conduct, drunkenness and indecent language to Mrs R____ N. D____, civilian, on 920905; and by reason of alcohol abuse rehabilitation failure as evidenced by your continued abuse of alcohol following Level III treatment and completion of aftercare during this current enlistment and demonstrating no potential for further useful service.
920916:          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.
920922:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct, commission of serious offense and alcohol rehabilitation failure.

921005:  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 921015 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).

 In the applicant’s issue 1, the Board found that the applicant’s age, education level, and test scores qualified him for enlistment. While he may feel that his immaturity was a factor that contributed to his action, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service. The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions. No relief will be granted based on this issue.

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, 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 “ 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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