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NAVY | DRB | 2002_Navy | ND02-00878
Original file (ND02-00878.rtf) Auto-classification: Denied


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

ex-FA, USN
Docket No. ND02-00878

Applicant’s Request
The application for discharge review, received 020607, 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 030311. 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 – Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. I was forced into the military right after high school by my parents. And I, not knowing I was not really ready to make that type of commitment. So a friend in the military told me that if you get caught on base drunk three times, they give you a choice of alcohol rehab. or automatic discharge and so that’s what I decided to do.
Then when I went to Captains Mass, I was told by the Captain that I would be able to upgrade my discharge to an Honorable discharge after six months of getting discharged.
So that is why I respectfully request an upgrade.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant's DD Form 214
Letter from Head Administrator, Victory Outreach Long Beach dated July 3, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: None
         Active: None

 Period of Service Under Review :
Date of Enlistment: 870715               Date of Discharge: 890207

 Length of Service (years, months, days):

         Active: 01 06 23
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 24

 Highest Rate: FA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.00 (1)    Behavior: 2.80 (2)                OTA: 2.60

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

880315:  Alcohol dependency evaluation: Applicant may be psychologically dependent. Recommendations: CAAC evaluation.

880323:  NJP for violation of UCMJ, Article 90: Willful disobedience of a superior commissioned officer .
         Award: Correctional custody for 30 days. No indication of appeal in the record.
880323:  Retention Warning from USS WHIPPLE (FF 1062): Advised of deficiency (Willful disobedience of a superior commissioned officer.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

880414:  NJP for violation of UCMJ, Article 92 (3 specs): Disobey a lawful order on 880324, 880328 and 880411.
         Award: Confinement on bread and water for 3 days. No indication of appeal in the record.
881014:  NJP for violation of UCMJ, Article 134: Urinating on the deck.
         Award: Forfeiture of $200 per month for 1 month, restriction and extra duty for 14 days. No indication of appeal in the record.
881014:  Retention Warning from USS WHIPPLE (FF 1062): Advised of deficiency (Urinating on deck.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

881101:  CAAC evaluation found that Applicant appears to be psychologically dependent on alcohol. Recommendations: Level III treatment.

881122:  Applicant refused Level III treatment.

881205:  Applicant evaluated at Triservice Alcoholism Recovery Facility program following an alcohol related admission to Tripler Army Medical Center (TAMC) with a BAC .316. Impression: Alcohol dependence. Recommendation: Total abstinence from alcohol, Level III treatment, if administratively separated, seek treatment at VA Hospital.

881207:  Applicant refused Level III treatment.

881215:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ, Article 92: Failure to obey an order or regulation, violation of UCMJ, Article 134: Drunkenness; incapacitation for performance of duty through prior indulgence in intoxicating liquor.
         Award: Forfeiture of $376 per month for 1 month, restriction and extra duty for 21 days. No indication of appeal in the record.
881213:  USS WHIPPLE (FF 1062) notified Applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and alcohol abuse rehabilitation failure.
881213:  Applicant advised of 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.
881223:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and alcohol abuse rehabilitation failure. Commanding Officer’s comments (verbatim): [FA H_’s (Applicant’s) performance onboard WHIPPLE has been sub-standard at best. His willful negligence of duties and responsibilities, coupled with disrespect toward superior officers and petty officers, are a continuing hindrance in the work place and a burden to his chain of command. After being diagnosed an alcoholic by the Counseling and Assistance Center, Pearl Harbor, Hawaii, he refused the treatment offered to him by this command, through the Alcohol Rehabilitation Center, Pearl Harbor, Hawaii. Additionally, FA H_’s (Applicant’s) disregard for the rules and regulations of the U. S. Navy have made him extremely difficult to deal with on a daily basis. He is recommended for separation from the U. S. Navy under Other Than Honorable Conditions.]

890129:  CNMPC directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

890207:  Applicant declined treatment.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 890207 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).

Issue 1: T here 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 be 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 misconduct for which he was discharged. Relief denied.

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 15560A, Change 6 effective 11 Jan 89 until 24 May 89), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – A 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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