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NAVY | DRB | 2002_Navy | ND02-00992
Original file (ND02-00992.rtf) Auto-classification: Denied


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

ex-MMFN, USN
Docket No. ND02-00992

Applicant’s Request
The application for discharge review, received 020708, 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 030331. 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 HONORABLE CONDITIONS (GENERAL)/Misconduct - Pattern of Misconduct, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. To whom it may concern, I respectfully request a written response to be sent to myself at the end of the review. Thank you.

 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):
         Inactive: USNR (DEP)     890622 - 890627  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 890628               Date of Discharge: 920318

 Length of Service (years, months, days):

         Active: 02 08 21
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 43

 Highest Rate: MM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.30 (4)    Behavior: 3.20 (4)                OTA: 3.50

 Military Decorations: None

 Unit/Campaign/Service Awards: BATTLE"E" (2 ND ), JMUC, NUC, SASM (w/2b*), NDSM, SSR, KLM

 Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct – Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

900226:  Retention Warning from USS THEODORE ROOSEVELT (CVN-71): Advised of deficiency (record of minor misconduct due to underage drinking, should it continue, will create an adverse record of minor disciplinary infractions, or worse, form a pattern of misconduct which cannot be tolerated), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

900226:  NJP for violation of UCMJ, Article 134: Underage drinking on 900210.
         Award: Forfeiture of $200.00 pay per month for 1 month. No indication of appeal in the record.

900403:  Psychiatric Evaluation: "Advise expeditious administrative separation for unsuitability. Not considered mentally ill and return to full duty. Patient does exist a long-standing disorder of character and behavior which is of such severity as to interfere with serving adequately in the Navy. Although not imminently suicidal or homicidal, he is at continuing risk to do harm to himself or others. Expeditious administrative separation in accordance with NAVMILPERSMAN 3620225, NAVMILPERSCOMINST 1910.1C, and NAVOP 013/87 strongly recommended."

900417:  Retention Warning from USS THEODORE ROOSEVELT (CVN-71): Advised of deficiency (Diagnosed by competent medical authority as having a personality disorder (ETOH dependence, severe, EPTE, polysubstance abuse in remission, severe, EPTE, personality disorder not otherwise specified with antisocial, borderline traits) causing an inability to withstand military conditions and to provide productive military service), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

920104:  Civil Conviction: [Norfolk General District Court Traffic Division] for (1) Driving under the influence; (2) speeding.
 Sentence: Found guilty of (1) Driving under the influence and (2) speeding. (1) Fined $350.00 plus court costs, 90 days in jail suspended, Operators license suspended for 6 months, N.A.S.A.P. (2) Fined $50.00.
920113:  DAAR indicates alcohol abuse, identified by civilian police, found dependent by CAAC, not amenable, recommended for separation via VA hospital.

920116:  NJP for violation of UCMJ, Article 92: Underage drinking on or about 911201.
         Award: Forfeiture of $100.00 pay per month for 1 month, restriction and extra duty for 10 days, reduction to E-3. No indication of appeal in the record.

920122:  Medical Evaluation: "Patient seems convinced his problems are a result of naval service, not due to alcohol. By history, he gives a story somewhat compatible with abuse. However, he disclosed that he "feels fine" at the time of both DUI'S, yet his B.A.C. of 143 and 192 would suggest he is either not telling the truth or he's developed tolerance. Given his lack of insight and lack of desire to stop drinking I do not recommend Antabuse. In addition, he being administratively separated, we would have no way of monitoring his IFT'S. For these reasons, no Antabuse is prescribed." Evaluation indicates Applicant is psychologically dependent on alcohol and is not physiologically dependent on alcohol. Applicant is not recommended for further service by medical officer.

920129:  USS THEODORE ROOSEVELT (CVN-71) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense, misconduct due to a pattern of misconduct and by convenience of the government due to a personality disorder.
920129:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
920210:  Commanding Officer recommended discharge under honorable conditions (general) by reason of misconduct due to commission of a serious offense, misconduct due to a pattern of misconduct and by convenience of the government due to a personality disorder.

920309:  BUPERS directed the applicant's discharge under honorable conditions general 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 920318 under honorable conditions general 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 introduced no decisional issues for consideration by the Board. 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, a civil conviction, and adverse counseling entries on other occasions. 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 Applicant’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident 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. Naval Military Personnel Manual, (NAVPERS 15560C, effective 15 Aug 91 until
04 Mar 93), 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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