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NAVY | DRB | 2002_Navy | ND02-00533
Original file (ND02-00533.rtf) Auto-classification: Denied


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


ex-FA, USN
Docket No. ND02-00533

Applicant’s Request
The application for discharge review, received 020318, 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 021206. 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 3630550.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as submitted

1. The discharge I received was too harsh. The first time I got into trouble two jealous petty officers, both of which had just flunked out of Nuke Power School, started a fight with me in a bar. Because I happen to win the fight on my own, they told the chain of command I was drinking under age. I had an excellent record and prior service, I was in the top of my class and had an excellent career ahead of me. I was there, at the bar, to pick up a drunk ship-mate who's father had died and wasn't able to go home for whatever reason. I was never tested to see if I had been drinking. The military was down sizing and I was punished unfairly. I was sent to Rehab without any choice. My record was permanently blotted. I went through the whole year of probation with no bad incidents & even received 2 letters of commendation, made EN3 on my first try. The night of my discharge incident, I did make an error in judgement & was caught. The problem is 2 months prior to that incident the same Captain of the same command let a DC1 slide on his 2 nd positive test for cocaine in as many tests. I have always wanted to be a life time military man. I have always & always will love my country and the patriots that serve this country. My discharge and Re-enlistment code put me in the same group of foul-ups and losers that run from the draft, or dodged their duty. I still owe time to the U.S. and will not be allowed to fullfill that duty until my discharge and re-enlistment code are changed.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214

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: 940406               Date of Discharge: 951229

 Length of Service (years, months, days):
         Active: 01 08 24
          Inactive: None

 Age at Entry: 18                          Years Contracted: 4
Education Level: 12                        AFQT: 97

 Highest Rate: FN
Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.30 (4)    Behavior: 3.15 (4)                OTA: 3.45
Military Decorations: None
Unit/Campaign/Service Awards: NDSM, SSDR

 Days of Unauthorized Absence: None
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

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

940922:  NJP for violation of UCMJ, Article 92: Violate a lawful general regulation by wrongfully consuming an alcoholic beverage while under the age of 21, violation of UCMJ, Article 86: Absent himself from his organization on 0715-0810, 7 Sep 94.
         Award: Forfeiture of $100 per month for 2 months, restriction and extra duty for 10 days, oral admonition. No indication of appeal in the record.
941109:  Applicant completed a program of rehabilitation for alcohol dependence at the Naval Alcohol Rehabilitation Center, Jacksonville, FL. Applicant placed in aftercare program and informed of action to be taken for failure.
950120:  Retention Warning: Advised of deficiency (Unknown), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. [Extracted from CO's letter dated 28 Dec 95.]
951220:  NJP for violation of UCMJ, Article 111: Operating a motor vehicle under the influence of an alcoholic beverage on 2 Dec 95.
         Award: Forfeiture of $200 per month for 1 month, restriction and extra duty for 25 days, reduction to FA. No indication of appeal in the record.
951221:  Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of alcohol abuse rehabilitation failure.
951221:  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 obtain copies of the documents used to support the basis for the separation.

951228:  Commanding Officer directed discharge under honorable conditions (general) by reason of alcohol abuse rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 951229 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).
Issue 1. The Applicant provided no documentation to support his allegations of unfair treatment due to downsizing and revenge from two petty officers. The Board found that the positive aspects of the Applicant’s service record do not sufficiently mitigate his misconduct to warrant an upgrade to his discharge. 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 two occasions and adverse counseling entries on another occasion. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his 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.

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 denied.

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 inequity must have existed during the period of enlistment in question. No such error or inequity 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. Relief not warranted.

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. The Naval Military Personnel Manual, (NAVPERS 15560C, Change 9, effective 22 Jul 94 until 2 Oct 96), Article 3630550, SEPARATION OF ENLISTED PERSONNEL BY REASON OF ALCOHOL ABUSE REHABILITATION FAILURE.
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 " afls14jag.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 Room 309
                  Washington Navy Yard DC 20374-5023      



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