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NAVY | DRB | 2002_Navy | ND02-00161
Original file (ND02-00161.rtf) Auto-classification: Denied


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

ex-AR, USNR
Docket No. ND02-00161

Applicant’s Request
The application for discharge review, received 011205, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant designated the American Legion as 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)/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 1. (Equity Issue) This former member opines that his alcohol dependence contributed to and sufficiently extenuated his misconduct of record to warrant upgrade of his characterization of service.

2. (Equity Issue) This former member further requests that the Board include provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of this application.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
 Academic Record (Houston Community College System) (Spring 1991, Spring 2001 and Fall 2001)
Texas Rehabilitation Commission Letter dated Oct 31, 2001
 Rehabilitation/Medical Record (72 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 950815               Date of Discharge: 980519

 Length of Service (years, months, days):

         Active: 02 05 15
         Inactive: 00 03 21

 Age at Entry: 23                          Years Contracted: 8

 Education Level: 12                        AFQT: 53

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*        Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR(2), MUC

 Days of Unauthorized Absence: None

*No Marks Found in service record

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

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

 Chronological Listing of Significant Service Events :

951205:          Commenced 36 months active duty under the Airman Apprenticeship Program.
970411:  NJP for violation of UCMJ, Article 86: unauthorized absence from unit.
         Award: Forfeiture of $505 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.
970411:  Retention Warning: Advised of deficiency (violation of the UCMJ, Article 86, unauthorized absence), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

970815:  NJP for violation of UCMJ, Article 92: disobeying a lawful order.
         Award: Forfeiture of $505 per month for 2 months, restriction and extra duties for 45 days, reduction to E-2. Appealed 970820 but denied 970826.
97????:  Medical Dept, USS BLUE RIDGE: 25 year old Caucasian male in for self help for alcohol. Pt states he is tired of drinking alcohol and going to work drunk. Pt states that he went out drinking last P.M. and had a case and half of beer. Pt states no history of alcoholism in family or any alcohol related incidents. Pt states no harm to self or any body. Wants to seek help for drinking problem.
         Assessment: Alcohol abuse.
         Plan: Referred to command DAPA.
971030:  Naval Hospital Yokosuka, JA (Substance Screening Report): Assessment - Does meet criteria for substance dependence as characterized by tolerance, loss of control, using more than intended, knowing use causes other problems.
         Plan: Intensive Outpatient Substance Dependence Treatment, DAPA to schedule appointment for treatment and 12 Step (AA) Meetings - 1 per week until treatment.
980213:  NJP for violation of UCMJ, Article 86: unauthorized absence from unit.
Award: Forfeiture of $100 per month for 2 months, restriction for 60 days, reduction to E-1. No indication of appeal in the record.
980327:  Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of misconduct due to a pattern of misconduct as evidenced by all punishments under the UCMJ in the current enlistment and misconduct due to commission of a serious offense as evidenced by all punishments under the UCMJ in the current enlistment.
980327:  Applicant advised of his rights and elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

980402:  Commanding Officer, USS BLUE RIDGE, advised BUPERS that applicant was discharged with a General (Under Honorable Conditions) by reason of misconduct due to a pattern of misconduct.

980504:  Naval Hospital Yokosuka, JA (Alcohol Treatment Summary): Pt 26 year old single white male unsuccessfully completed intensive outpatient treatment for alcohol dependency. Pt unsuccessfully completed treatment due to major rule violation (drinking in treatment). Pt participated in his treatment program, but seemed to have gained minimal awareness when it came to relapse and the consequences of drinking. Pt being processed out of the Navy, yet did not have a clear cut plan or set of goals to maintain sobriety upon service discharge. Pt has been placed in a 1 year formal aftercare program developed by alcohol programs. Pt's aftercare plan consists of 2 times weekly DAPA meetings, minimum of 3 AA meetings, attend formalize continued care group meeting (all these for duration of formal aftercare period of 1 year) and meet with career counselor prior to leaving the service. Pt currently has no plan/intent of homicidal/suicidal ideation. Pt appears to have a "poor" prognosis for continued abstinence based recovery.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980519 with a General (Under 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).

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 alcohol dependence was a factor that contributed to his actions, 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. Relief denied.

Issue 2. The applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. 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. Evidence 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 relief, based on post-service conduct. The applicant did not provide sufficient documentation to warrant an upgrade to his discharge. 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 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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