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NAVY | DRB | 2002_Navy | ND02-00371
Original file (ND02-00371.rtf) Auto-classification: Denied


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

ex-SHSN, USN
Docket No. ND02-00371

Applicant’s Request
The application for discharge review, received 020208, 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 020912. 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 3630605.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 1. See Attachment.

Note: No specific issues submitted with documentation.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (2 copies)
Draft Copy of DD Form 214 (no signatures)
Copy of certificate dated January 1997
Copy of certificate dated April 1992

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     890929 - 891126  COG
         Active: USN                        891127 - 921112  HON
                  USN                       921113 - 960129  HON

 Period of Service Under Review :
Date of Enlistment: 960130               Date of Discharge: 970819

 Length of Service (years, months, days):

         Active: 01 06 20
         Inactive: None

 Age at Entry: 31                          Years Contracted: 3

 Education Level: 12                        AFQT: 26

 Highest Rate: SH3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)    Behavior: 3.00 (1)                OTA: 3 .00

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM, SSDR (2), AFEM, NER, NUC, NDSM, SASM, JMU

 Days of Unauthorized Absence: 18

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630605.

 Chronological Listing of Significant Service Events :

960130:  Applicant reenlisted at Navy Medical Center, San Diego, CA for 3 years.
960412:  Drug and Alcohol Abuse Report: Alcohol abuse, 1 to 3 times per week, ashore off duty. Civilian police 12 Mar 96. Medical officer recommended Level III treatment. Physician found applicant dependent and recommended Level III treatment. Commanding Officer recommended retention and Level III treatment. Comments: Input received indicates an excellent worker with potential for future service. Service/medical records indicate three DUI charges, completion of Level I and Level II programs, and a civilian program for DUI. PO3 (applicant) is pending legal action (civilian and military) to include possible admin separation. Note: expect amended DAAR to follow after legal issues are resolved.

960422:  Civil Conviction: Municipal Court of California for violation of driving under the influence.
 Sentence: Unknown.
960626:  Retention Warning: Advised of deficiency (Violation of UCMJ, Article 111.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
960604:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of alcohol abuse rehabilitation failure, misconduct due to the commission of a serious offense and misconduct due to civil conviction.
960610:  Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
960619:  An Administrative Discharge Board, based upon preponderance of the evidence and by unanimous vote, found the applicant had committed civil conviction, commission of a serious offense and alcohol abuse rehabilitation failure, that the misconduct warranted separation, and recommended the discharge be suspended for 12 months.

960705:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to civil conviction, misconduct due to the commission of a serious offense and alcohol rehabilitation failure. Commanding Officer’s comments (verbatim): I concur with the findings of the board that SH3 (applicant) should be separated, suspended for 12 months and given the opportunity to successfully complete the Level III Alcohol Rehabilitation Program

960903:  Applicant to Level II treatment.

961002:  Applicant completed Level III treatment.

961222:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense. Discharge suspended for a 12 month probationary period. Prepare page 13 entry in applicant's service record. Failure to meet proper standards of performance and conduct, or if disciplined under the UCMJ, one or more actions may be taken: disciplinary action, new administrative action, or vacation of the suspension and execution of the separation.

 970308:  Applicant apprehended by San Diego Police Department on 1830, 8 Mar 97 on charges: outstanding warrant (failure to complete work release).

970310   Applicant to unauthorized absence 0700, 10 Mar 97.

970328:  Applicant from unauthorized absence 1100, 28 Mar 97 (18 days/ surrendered). Applicant served 19 days in county jail.

 970729:  NJP for violation of UCMJ, Article 92: Disobeying a lawful order, violation of UCMJ, Article 107: Making a false official statement.
         Award: Forfeiture of $500 per month for 2 months, restriction for 60 days, reduction to SHSN. Forfeiture suspended for 2 months. No indication of appeal in the record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 970819 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 Applicant introduced no decisional issues for consideration by the Board. The Applicant’s conduct, which forms the primary basis for determining the character of his service, falls short of that required for an honorable characterization of service. An upgrade to Honorable would be inappropriate. Under Other Than Honorable conditions most clearly describes the Applicant’s characterization of service on his enlistment under review. Relief denied.

The Applicant will note the administrative corrections recommended by the Board to Block 18 and Block 26 of the DD Form 214. A new DD Form 214 should be issued to accurately reflect the Applicant’s honorable service from November 27, 1989 to January 29, 1996. Also, the Separation Code shall change from the erroneous GKK (Misconduct/Drug Abuse) to GKQ (Misconduct/Commission of Serious Military or Civilian Offense).

The Applicant remains eligible for a personal appearance hearing provided that an application is received within 15 years from the date of discharge . 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 14, effective
03 Oct 96 until 971212, Article 3630605, 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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