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NAVY | DRB | 2002_Navy | ND02-00154
Original file (ND02-00154.rtf) Auto-classification: Denied


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

ex-RMSN, USN
Docket No. ND02-00154

Applicant’s Request
The application for discharge review, received 011114, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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 020815. 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, as submitted

1. Since my discharge, I've tried to continue my education and become a productive member of society. At the time of my discharge, I was not of sound mind to properly make decisions properly and did not fully comprehend, I myself had a serious problem. I've since addressed these issues over the years. The shame and embarrassment (spell) of the type of discharge and reasoning limits my ability to secure employment positions for which I am qualified. I would also like to pursue a higher level of education.
I was unable to secure representation in this matter.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Transcript from Chaffey College dated November 29, 1999
Certificate of Completion dated August 15, 2000
Applicant's DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        861215 - 900315  HON
         Inactive: USNR (DEP)     860606 - 861214  COG

 Period of Service Under Review :
Date of Enlistment: 900316               Date of Discharge: 940107

 Length of Service (years, months, days):

         Active: 03 09 22
         Inactive: None

 Age at Entry: 26                          Years Contracted: 6

 Education Level: 11 GED           AFQT: 68

 Highest Rate: RM2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.85 (7)    Behavior: 3.50 (8)                OTA: 3.71

 Military Decorations: None

 Unit/Campaign/Service Awards: NAM, GCM, NDSM, N&MOSR (3)

 Days of Unauthorized Absence: None

 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 :

930820:  Retention Warning: Advised of deficiency (First alcohol abuse incident), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. [Extracted from Commanding Officer's message dated 13Dec93.]

930826:  NJP for violation of UCMJ, Article 91: Insubordinate conduct toward a superior petty officer, violation of UCMJ, Article 111: Drunken driving, violation of UCMJ, Article 128: Assault.
         Award: Reduction to RM3 and loss of base driving privileges for one year. No indication of appeal in the record.
930827:  Applicant refused Level III treatment. [Extracted from Commanding Officer's message dated 13Dec93.]
930927:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense as evidenced by her nonjudicial punishment of 26 August 1993 and alcohol rehabilitation failure as evidenced by her refusal to participate in Level III alcohol abuse rehabilitation treatment. [Extracted from Commanding Officer's message dated 13Dec93.]
931206:  Applicant had a .300 BAC while in a duty status. [Extracted from Commanding Officer's message dated 13Dec93.]
931207:  Applicant diagnosed as alcohol dependent. [Extracted from Commanding Officer's message dated 13Dec93.]
931209:  Applicant had a DUI. [Extracted from Commanding Officer's message dated 13Dec93.]
931210:  Applicant advised of her rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights. [Extracted from Commanding Officer's message dated 13Dec93.]
931213:  Commanding Officer recommended discharge general (under honorable conditions) by reason of misconduct due to the commission of a serious offense and alcohol rehabilitation failure. Commanding Officer’s comments (verbatim): "On 26Aug93 SNM was awarded RIR to next inferior pay grade at mast and referred to Level III as alcohol dependent. On 27Aug93, SNM refused Level III treatment and was scheduled for an admin board. On 6Dec93, SNM was drunk and disorderly in a duty status having a .300 BAC. SNM has a pending CO mast for VUCMJ Art 86, 89, 91 (2 specs), 92, 117, 128 (3 specs), and 134. On 9Dec93, SNM had another DUI. RM3 (Applicant) has been at NCTAMS WESTPAC for 5 months and has had three alcohol incidents. The ability of SNM to function effectively in the military environment is significantly impaired and SNM refuses to accept treatment for her alcoholism. She is a threat to herself, her unborn child, and others. While her evals reflect good job performance RM2 (Applicant) refuses to come to terms with her alcoholism. Therefore, I recommend she be separated with a general discharge under honorable conditions as specified by MILPERSMAN 3620225."

931223:  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 940107 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 Board found the Applicant was of sound mind when she committed her misconduct. While she may feel that her alcoholism was the underlying cause of her misconduct, the record clearly reflects her willful misconduct and demonstrated she was unfit for further service. Alcohol abuse is never a defense to misconduct. The Applicant was even provided the opportunity for treatment and refused. The record is devoid of evidence that the Applicant was not responsible for her conduct or that she should not be held accountable for her actions. Relief on this basis is denied.

The following is provided for the benefit of the Applicant. Normally, 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. 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, positive employment records, documentation of community service, and certification of non-involvement with civil authorities, are examples of verifiable documents that should have been provided to receive consideration for clemency, based on post-service conduct. In addition, the Applicant should provide credible evidence of her efforts to become and stay alcohol free. The Applicant failed to provide sufficient documentation to warrant an upgrade. Relief is not appropriate.

The Applicant is reminded that the period of eligibility for a personal appearance hearing is 15 years from the date of discharge. The application package must be submitted to the NDRB prior to the expiration of the 15 year period. A personal appearance is encouraged, but does not guarantee any change in the current characterization of service. The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 5, effective
05 Mar 93 until 21 Jul 94, 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 " 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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