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NAVY | DRB | 2002_Navy | ND02-00687
Original file (ND02-00687.rtf) Auto-classification: Denied


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

ex-HT1, USN
Docket No. ND02-00687

Applicant’s Request
The application for discharge review, received 020418, 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. In the acknowledgement letter the applicant was informed that he was approaching the 15 year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington, D.C. area. The applicant did not respond.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030116. 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 – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 1. Have completed alcohol classes since discharge.

2. Have held civil service employment as a WG-10, Step 2 nuclear welding inst. TRF, Kings Bay, GA w/security clearances.

3. Have been an standing member of my community since my discharge.

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copies of DD Form 214 (2)
Copies of Letters of Commendation (3)
Copy of Good Conduct Award
Copy of Honorable Discharge Certificate
Copy of Certificate of Completion (Class "C" Welding School Basic Welding)
Copy of Beneficial Suggestion Award Memorandum (2)
Copy of Certificate of Award (Welding Fixtures) (2)
Copy of Certificate of Appointment (Hull Maintenance Technician Fireman Apprentice) (2)
Copy of Certificate of Appointment (Hull Maintenance Technician First Class)
Copy of Order of TRF Plank Owners Certificate
Copy of Report of Enlisted Performance Evaluation (2)
Copy of Certificate of Completion (Hull Maintenance Technician, Class A, Phase I (A-495-0035))
Copy of Honor Certificate of Completion (Hull Maintenance Technician, Class A, Phase II)
Copy of Certificate of Completion (Hull Maintenance Technician, Class A, Phase II)


PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):

          Inactive: USNR (DEP)     800201 - 800324  COG
         Active: USN                        800325 - 830324  HON

 Period of Service Under Review :
Date of Enlistment: 830325               Date of Discharge: 880113

 Length of Service (years, months, days):

         Active: 04 09 19
         Inactive: None

 Age at Entry: 21                          Years Contracted: 6

Education Level: 12                        AFQT: 53

 Highest Rate: HT1

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.45 (7)    Behavior: 3.37 (7)                OTA: 3.40

Military Decorations: None

 Unit/Campaign/Service Awards: GCA, BATTLE "E "RIBBON, MUC, LOA

Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

830325:  Reenlisted onboard USS HOLLAND (AS-32) for 6 years.

 840608:  DUI on board Naval Weapons Station.

840703:  Retention Warning: Advised of deficiency (Violation UCMJ Article 111: Driving Under the Influence & Article 92: Carrying an illegal weapon on board Naval Weapon Station Charleston), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

840703:  NJP for violation of UCMJ, Article 111: Driving under the influence on board Naval Weapon Station 840608; violation of UCMJ Article 92: Possession of illegal weapon on board Naval Weapon Station on 840608.
         Award: Forfeiture of $471.00 pay per month for 1 month, restriction and extra duty for 30 days on board USS HOLLAND, reduction to E-4 (suspended for 180 days). No indication of appeal in the record.
         
8411xx:  DUI, South Carolina (Extracted from CO's message).

8706xx:  DUI, Bremerton, WA (Extracted from CO's message).

870701:  Civil Conviction: [Bremerton Municipal Court] for Driving While Intoxicated.
 Sentence: Fined $500.00, 10 days in City Jail, 2 years probation, license suspended for 90 days, must complete alcohol treatment as designated by court, must pay restitution.
870811:  Medical evaluation indicates Applicant is psychologically dependent on alcohol.

870825:  Applicant placed on a Level I Alcohol Abuse Rehabilitation Program.

870921:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense as evidenced by two convictions for driving while under the influence of alcohol.

871023:  Record of Counseling: Returned from leave 871019, but failed to report to DAPA for his Antabuse. Member was told twice by his division to report to the DAPA and finally arrived at 1520 871022. SNM expressed his displeasure about the program saying that he didn't want to comply with the program and that he had paid his debt for his DWI. He also stated that he had his problem with alcohol beat and that he didn't need any treatment. It was explained to him that he had been diagnosed as alcohol dependent and that residential treatment was required and that he was to comply with his Level I program until the final disposition of his admin board. As of this date 871201, SNM failed to take Antabuse on 3,6,7,8,13,14,15,16, and 871130. Member has also failed to show proof of attendance of AA meetings during the weeks of 25-30 Oct, 9-13 Nov, and 23-27 Nov, and failed to make required amount of meetings during the week of 2-6 Nov.

871106:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

 871204:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed a serious offense, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

871209:  Declined participation in the Level I/Level III program.

 871217:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense as evidenced by three convictions for driving while under the influence of alcohol

871225:  CNMPC directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

880113:  Declined in-patient treatment at VA Hospital for drug or alcohol dependency.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 880113 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).

 Issue 1: 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. Relief denied.

Issue 2: 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, a positive employment record, documentation of community service and certification of non-involvement with civil authorities are examples of verifiable documents that should have been provided to receive consideration for relief, based on post-service conduct. After a complete review of the record, including the evidence submitted by the Applicant, the Board determined that the Applicant’s discharge was proper and equitable and that his evidence of post service accomplishments was found not to mitigate the offense for which he was discharged. Relief denied.


Pertinent Regulation/Law (at time of discharge)

A. Naval Military Personnel Manual, (NAVPERS 15560A), effective 15 Jun 87 until
10 Jan 89, Article 3630600, SEPARATION OF ENLISTED MEMBERS 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 " 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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