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NAVY | DRB | 2002_Navy | ND02-00633
Original file (ND02-00633.rtf) Auto-classification: Denied


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

ex-AGAA, USN
Docket No. ND02-00633

Applicant’s Request
The application for discharge review, received 020403, 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 030124. 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/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. My discharge from the military was warranted to the fact that I was not fit to wear the uniform because of alcohol. I am an alcoholic and when I was discharged, not enough stress was put on it. It clearly states in my medical records of alcohol abuse above normal. Since my discharge, I have been alcohol free. I have graduated from a technical college 2 years ago and now will be attending the University of Arizona this fall. My reason for requesting an upgrade is mainly due to my self esteem. I look back and know I failed my duty as a military man, not because of my qualities, but my faults. I wish I could proudly say " I served in the Navy", but with my current discharge status. I don't I respectfully ask that you help me better myself.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     940523 - 940817  COG

 Period of Service Under Review :
Date of Enlistment: 940818               Date of Discharge: 980221

 Length of Service (years, months, days):

         Active: 03 06 04
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 58

 Highest Rate: AGAN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.16 (6)    Behavior: 2.00 (6)                OTA: 2.62

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, 9MM Pistol Sharpshooter Ribbon, Rifle Sharpshooter Ribbon, NMCOSR

 Days of Unauthorized Absence: None

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

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

 Chronological Listing of Significant Service Events :

960219:  Member was found unconscious by Shore Patrol driver at 0430L NSA Security brought member to NSA Medical Clinic at 440L for possible alcohol intoxication. Member was admitted for approximately 8 hours at the clinic. At 2034L a Blood Alcohol Center (BAC) test was taken by Medical Personnel. Test registered a 0.071% BAC.

960308:  NJP for violation of UCMJ, Article 86: Absent without leave.
         Award: Restriction and extra duty for 12 days, reduction to E-2 (suspended for 6 months). No indication of appeal in the record.

960318:  The suspended reduction in grade to E-2 award at the NJP proceedings of 960308 is hereby vacated.

960408:  NJP for violation of UCMJ, Article 86: Absent without leave.
         Award: Extra duty for 7 days. No indication of appeal in the record.

960424:  Retention Warning: Advised of deficiency (Unauthorized absence and history of alcohol related incidences), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

960508:  NJP for violation of UCMJ, Article 86: Absent without leave, violation of UCMJ Article 134: Drunkenness, incapacitated for performance of duties through prior wrongful indulgence in intoxicating liquor or any drug.
         Award: Extra duty for 14 days, restriction for 14 days (suspended for 6 months), reduction to E-1 (suspended for 6 months). No indication of appeal in the record.
971219:  NJP for violation of UCMJ, Article 134: On or about 971209, wrongfully previous overindulgence in intoxicating liquor, incapacitated for the proper performance of duties.
         Award: Forfeiture of $505.00 pay per month for 1 month, restriction and extra duty for 14 days, reduction to E-2. No indication of appeal in the record.

971222:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by OIC's NJP of 960308, 960408, 960426, and CO's NJP of 971219 and alcohol abuse rehabilitation failure as evidenced by your CO's NJP of 971219 for violation of the UCMJ, Article 134 (Incapacitated for duty) after completion of Level III In-patient Treatment Program for Alcohol Dependency on 971031.
971230:  Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
980122:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to a pattern of misconduct and alcohol abuse rehabilitation failure, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

980206:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and alcohol abuse rehabilitation failure

980210:  Commander, Cruiser-Destroyer Group 8 authorized the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980221 under other than 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).

 The Applicant's other than honorable discharge was proper and equitable. The NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will change the reason for discharge if such a change is warranted. There is no evidence of impropriety, inequity or procedural irregularities in the Applicant's discharge. The Applicant's misconduct is clearly documented, to include 4 NJP’s for unauthorized absence and drunk and disorderly conduct. An Administrative Discharge Board voted unanimously that the Applicant committed misconduct due to a pattern of misconduct and that the characterization of his discharge should be under other than honorable conditions. The Applicant was afforded the appropriate due process at every opportunity. The NDRB found the Applicant's service record devoid of any mitigating or extenuating factors that would warrant an upgrade of the Applicant's discharge to an honorable characterization. Relief denied.

 The following is provided for the edification of the Applicant. Normally, to permit relief, an error or inequity must have been found to have existed during the period of enlistment in question. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, 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 the civilian life subsequent to leaving the service. Outstanding post-service conduct, 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 can be considered. Examples include documentation such as educational pursuits, verifiable employment record(s), documentation of community service, certification of non-involvement with civil authorities, and credible evidence of substance free lifestyle. The applicant alluded to educational pursuits and being alcohol free but did not provide such documentation for the Board to consider. Therefore, no relief will be granted.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. 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 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 “ afls14.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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