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NAVY | DRB | 2002_Navy | ND02-00763
Original file (ND02-00763.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND02-00763

Applicant’s Request
The application for discharge review, received 020506, 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. Subsequent to the application, the Applicant obtained representation from the Disabled American Veterans.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030131. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB did discern an impropriety in the Applicant ’ s reason for discharge and an inequity in the characterization of the Applicant’s service. The Board’s vote was 3 to 2 that the reason and character of the discharge shall change. The discharge shall be changed to: HONORABLE/SECRETARIAL AUTHORITY, authority: NAVMILPERSMAN, Article 1910-164 (formerly 3630900), and separation code “ JFF. ”






PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. I feel my discharge was too severe. I want to complete my Naval career.

2. My last evaluation was more than favorable.

3. I completed my Non-Judicial Punishment satisfactorily (ADAPT Program).

4. My statement concerning a desire to remain in the U.S. Navy., to complete the career.

5. Example, an advertisement -- The military needs good men.

6. Dear Chairperson:

After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of evidence assembled for review, we continue to note the contention of the appellant in his request for a discharge upgrade of his current General, Under Honorable Conditions (GUHC) discharge to that of Honorable.

The FSM served on active service until he was discharged for patterns of misconduct. Derived from three days of un-authorized absence from August 4, 1997 to August 7, 1997 and for missing more than twelve hours from the ADAPT Program for alcohol abuse.

The FSM is asking for the current upgrade of his discharge to that of Honorable so that he may continue his military career.

As the representative, we ask that consideration be given to equitable relief, as this is a matter that involves a determination whether a discharge should be changed under the equity standards, to include any issue upon which the Applicant submits to the Board's discretionary authority, under SECNAVIST 5420.174C.

We ask for the Board's careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision. These issues do not supersede any issues previously submitted by the Applicant.

Respectfully,


Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Statement from Applicant, dated February 18, 1999
Evaluation and Counseling Report, dated 980116 - 980715
Memorandum from Director, Alcohol and Drug Abuse Prevention and Treatment Program, dated October 2, 1998
Statement from Applicant, dated October 5, 1998
Navy recruiting advertisement
Applicant's DD Form 214
Fifty-four pages from Applicant's service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     961115 - 961121  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 961122               Date of Discharge: 990108

 Length of Service (years, months, days):

         Active: 02 01 17
         Inactive: None

 Age at Entry: 32                          Years Contracted: 4

 Education Level: 12                        AFQT: 43

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (1)    Behavior: 4.00 (1)                OTA: 4.00

 Military Decorations: None

 Unit/Campaign/Service Awards: AFSM, SSDR, AFEM

 Days of Unauthorized Absence: 3

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

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

 Chronological Listing of Significant Service Events :

970804:  Applicant to unauthorized absence from USS Guam, 0630, 970804.

 970807:  Applicant from unauthorized absence to USS Guam, 2315, 970807 (3 days/surrendered).
980908   Chronological Record of Medical Care. Lackland Air Force Base, TX. Applicant reported to school with hangover. When he could not find sickcall he returned to his room, consumed 1-2 beers, 2 ½ 6 oz. cups of vodka straight in 2 hour period. At 1430 given a UA.

980910:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ, Article 92: Failure to obey an order or regulation.
         Award: Forfeiture of $242 per month for 1 month, restriction and extra duty for 14 days, reduction to SA. No indication of appeal in the record.

980914   Physical Profile Serial Report from Lackland Air Force Base, TX. Individual Defects/Restrictions: 305.01 Alcohol Abuse – continuous. Remarks: Enrolled in the Intensive Out Patient Program of the Alcohol and Drug Abuse Prevention and Treatment (ADAPT) Program.

981030:  Chief of Naval Air Training directed discharge general (under honorable conditions) by reason of misconduct due to a pattern of misconduct.

Discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 990108 with a discharge characterization of general (under 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 neither proper nor equitable (C and D).

Issues 1-6: The Applicant was improperly discharged for a Pattern of Misconduct. Although the Applicant ’ s summary of service reflects award of one non-judicial punishment (NJP), the official record does not present a clear pattern of misconduct since the Applicant receive d only one NJP . Due to this impropriety, the Board determined to change the reason for separation to Secretarial Authority. When considering the characterization of service, the Board determined, that though the Applicant did have one NJP, his record of service, with 4.0 marks, warrants an honorable discharge. In that the Applicant was assigned to a Training Command at the time of the discharge, the majority of the Board viewed the minor nature of the one NJP as not sufficient to lower characterization of service less than what was warranted by performance marks and therefore was not equitable. Relief granted.

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. Therefore, the Board cannot grant relief on this issue.

 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. 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 21 Aug 2002, 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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