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NAVY | DRB | 2002_Navy | ND02-00295
Original file (ND02-00295.rtf) Auto-classification: Denied


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


ex-ATAN, USN
Docket No. ND02-00295

Applicant’s Request
The application for discharge review, received 020117, 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 020829. 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)/ALCOHOL REHABILITATION FAILURE, authority: MILPERSMAN, Article 1910-152 (formerly Article 3630550).



PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as submitted

 1. Clemency is warranted because it is an injustice for me to continue to suffer the adverse consequences of a bad discharge.

2. Under current standards, I would not receive the type of discharge I did.

3. My average conduct and efficiency rating/behavior and proficiency marks were good [or pretty good].

4. I had a prior Honorable Discharge.

5. I have been a good citizen since discharge.

6. My record of NJPS/Article 15s indicates only isolated or minor offenses.

7.       My ability to serve was impaired by my youth and immaturity.

8.       The punishment I got was too severe compared with today’s standards.
9.       The punishment I got at discharge was too harsh.
10. My discharge was improper because the command did not follow the discharge regulations.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from Applicant (2pgs)
Issue Sheet
 Copy of MILPERSMAN 1910-214
 Copy of MILPERSMAN 1910-152 (2pgs)
Copy of MILPERSMAN 1910-304 (2pgs)
 Copy of Police Record Check dated 10/12/01
 Copies of DD Form 214 (2)
Service Related Documents (85pgs)
 Copy of Birth Certificate
Copy of Social Security Card
Copy of High School Diploma
Medical Related Documents (78pgs)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        960221 - 000125  HON
          Inactive: USNR (DEP)     950919 - 960220  COG

 Period of Service Under Review :
Date of Enlistment: 000126               Date of Discharge: 010131

 Length of Service (years, months, days):
         Active: 01 00 06
         Inactive: None
Age at Entry: 23                          Years Contracted: 5

 Education Level: 12                        AFQT: 78
Highest Rate: AT3

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: NMF*                 Behavior: NMF             OTA: NMF

 Military Decorations: None
Unit/Campaign/Service Awards: NAVY"E"RIBBON(2), NUC, SSR(3), AFEM

Days of Unauthorized Absence: None

*No Marks Found in the service record.
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/ ALCOHOL REHABILITATION FAILURE, authority: MILPERSMAN, Article 1910-152 (formerly Article 3630550).
Chronological Listing of Significant Service Events :

990127:  Retention Warning (advised on alcohol rehabilitation aftercare responsibilities, and that any alcohol related incident may result in processing for immediate discharge from Naval service), notified of corrective actions and assistance available.
000126:  Reenlisted at Patrol Squadron Four, MCBH KANEOHE BAY, HI for 5 years.

 001121:  NJP for violation of UCMJ, Article 109: Destruction of government property, violation of UCMJ, Article 134: Drunk and disorderly.
         Award: Forfeiture of $250.00 per month for 2 months (second month suspended), restriction for 30 days, reduction to E-3. No indication of appeal in the record.
001124:  Applicant requested waiver from GCMCA.
001124:  Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of alcohol abuse rehabilitation failure as evidenced by the failure to complete the treatment program for alcoholism.
001124:  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 submit a written statement for consideration by the separation authority (GCMCA), to obtain copies of the documents used to support the basis for the separation, and for GCMCA review.

001219:  (GCMCA) Commander, Patrol and Reconnaissance Force, Pacific indicated after careful review that there is a basis for administrative processing, therefore no relief is granted.
010110:  Commanding Officer recommended discharge under honorable conditions (general) by reason of alcohol abuse rehabilitation failure as evidenced by failure to complete the treatment program for alcoholism.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 010131 under honorable conditions (general) due to alcohol rehabilitation failure (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).
Issues 1 and 5. The applicant’s discharge characterization accurately reflects his service to his country. 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, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence that the applicant is drug free, are examples of verifiable documentation 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. Relief denied.

 Issues 2 and 8. The Board found the applicant would equitably receive the same characterization of service under current standards. Relief denied.
Issues 3 and 9. The Board found no conduct and efficiency ratings in the service record, and the applicant did not submit any to the Board. However, the applicant’s conduct and efficiency ratings are not the sole determinant of his characterization of service. A characterization of service of under honorable conditions (general) is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. T he applicant’s service was marred by award of nonjudicial punishment (NJP) on one occasion and failure to complete the prescribed alcohol rehabilitation program. The applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. An upgrade to honorable would be inappropriate. Relief denied.
Issue 4. The applicant’s prior honorable service is not sufficient to mitigate his conduct during his final enlistment. Relief denied.
Issue 6. The applicant’s service record indicates his alcohol related incidents were not isolated offenses. The offenses that resulted in the applicant’s final NJP (violations of Articles 109 and 134) can be considered serious offenses. This issue is without merit. Relief denied.

Issue 7. The Board found that the applicant’s age, education level, and test scores qualified him for enlistment. While he may feel that his immaturity and youth were factors 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 10. The Board found nothing to substantiate the applicant’s claim that his command violated the regulations concerning his administrative separation. The GCMCA determined on December 19, 2000 that the applicant was properly processed for discharge. Relief denied.
Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Relief is therefore denied.
The applicant 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. Representation at a personal appearance hearing is recommended but not required.


Pertinent Regulation/Law (at time of discharge)
A. Navy Military Personnel Manual, (NAVPERS 15560C), Change 27, effective
27 Mar 2000 until Present, Article 1910-152 (formerly Article 3630550), SEPARATION BY REASON OF ALCOHOL ABUSE REHABILITATION.

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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