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Decision Text

NAVY | DRB | 2002_Navy | ND02-00138
Original file (ND02-00138.rtf) Auto-classification: Denied


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

ex-PR3, USN
Docket No. ND02-00138

Applicant’s Request
This application for discharge review, received 011022, requested that the characterization of service awarded to the Applicant upon his 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 020715. 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: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).

The NDRB did note an administrative error on the original DD Form 214. Block 18, Remarks, should read contain the following statement: "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 88NOV15 UNTIL 95NOV08". The original DD Form 214 should be corrected or reissued as appropriate.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 1. During approximately the last 6 months of my enlistment, I abused/became dependent on alcohol. The reason or cause for this conduct was directly related to my failed marriage. After proving in open court that my spouse was unfaithful and an unfit mother, I was granted a divorce and awarded parental custody of my two minor children, C_ 6 yo, J_ 10 yo. Prior to this aforementioned period in my career and since being discharged, I've been able to abstain from the use of alcohol comfortably. In submitting DD Form 293 Review of Discharge, I am requesting the board update my discharge to Honorable and change my reentry code to allow me to reenlist and continue serving my country. In support of this request matter of extenuation and/or mitigation are submitted. Upon receipt of my second DUI in less than 90 days, I was incarcerated for 16 days and upon return to my unit I was enrolled in the Naval Addictions Rehabilitation Clinic at the Naval Hospital JAX. I successfully completed the treatment, received a continuing care plan and returned to duty. Shortly after returning to duty I was awarded a captain's mast, punishment under the uniformed code of military justice, reduction to the next lower paygrade and restricted to the base. My parents who lived in Florida cared for my two children because my spouse had abandoned them due to our pending divorce. The following day, after Captains Mast, I was informed that I was being involuntarily separated from the U.S. Navy. I am confident that I will never again become dependent on alcohol. I have been sober for approximately 3 years and wish the board grant me the request to continue serving my country.

 Documentation
In addition to the service record, we were unable to obtain the Applicant's discharge package. The following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Copy of Summary of Progress Note from Naval Addiction Rehabilitation Clinic Naval Hospital, Jacksonville, FL (4 pgs)
Copy of Enlisted Performance Evaluation Report (2 pgs)
Copy of Evaluation Report & Counseling Record (4 pgs)
Copy of Letter of Appreciation
Copy of Letter of Commendation
Copy of Certificate of Appreciation

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN               881115 - 920112  HON
                  USN                       920113 - 951108  HON
         Inactive: USNR (DEP)     None

 Period of Service Under Review :
Date of Enlistment: 951109               Date of Discharge: 981027

 Length of Service (years, months, days):

         Active: 02 11 18
         Inactive: 00 00 18

 Age at Entry: 26                          Years Contracted: 3

 Education Level: 12                        AFQT: 39

 Highest Rate: PR2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (2)    Behavior: 2.00 (2)                OTA: 3 .14 (5.0 Evals)

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR(3), GCA(2), AFSM, AFEM, NDSM

Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-142 (formerly 3630605).



 Chronological Listing of Significant Service Events :

951109:  Reenlisted for a term of three years at the NAS Oceana, Virginia, VA.

980415:  Civil Conviction: [Duval County Court] for Driving Under the Influence (DUI).
 Sentence: NO ADJUDICATION FOUND IN RECORD (Extracted from Evaluation Report & Counseling Record dated 980316-980415).

 NOTE: No other records available.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 981027 with a characterization of service as general under 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 requested to re-enlist and continue to serve the his country. The NDRB has no authority to change reenlistment codes or make recommendations to permit reentry into the naval service or any other of the Armed Forces. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy or Marine Corps. The reenlistment policy is promulgated by the Chief of Naval Personnel. A request for a waiver is normally made during the processing of a formal application for enlistment through a recruiter. Relief, on this basis is therefore, denied.

To permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the Applicant’s enlistment. His discharge was proper and equitable. Additionally, 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 civilian life, subsequent to leaving the service. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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. Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. E vidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs, are examples of verifiable documents that should have been provided to receive consideration for clemency, based on post-service conduct. The Applicant did not provide any of these documents. He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Legal representation at a personal appearance hearing is highly recommended but not required. Relief denied.


Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 97 until 29 March 2000, Article 1910-142 [formerly 3630605]. SEPARATION 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 " 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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