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NAVY | DRB | 2002_Navy | ND02-01216
Original file (ND02-01216.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND02-01216

Applicant’s Request
The application for discharge review, received 020828, 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 030602. 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: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. Dear DRB: The following issues are the reasons I believe my discharge should be upgraded to Honorable. My use of alcohol impaired my ability to serve in the U.S. Navy. It began when I enlisted, started by loosing my grandfather, which I find out after boot camp. After boot camp I was supposed to get married and find out that my fiancé left me for another. That time it seems I had lost two people that I loved and started to lose my self esteem and started drinking. I have blame myself since than and continue to drink even more and became dependent on it. Alcohol was my way of escaping the pain and reality in life during my time in the Navy. This has lead me to go AWOL because of my alcoholism and wanted to seek help but I was scared. During my time in the Honolulu I was turn over to shore patrol and that wasn't the only time. I was ordered to an out patient treatment for alcoholism after we completed our West Pak. I was happy that I was going there, so I was getting everything ready so I could go. By this time I wanted to change myself. Then I was told to have a physical exam and urinalysis done before I could go. I was the first one to have my package done and next I was told to go see Legal Office and they told my straight out that I tested positive for marijuana. To my ability I have never liked marijuana; how it got in my system I don't understand to this day. That day I was shock about the news and try to seek help on how to stay in the Navy, but legal considered to discharge me. When they discharge me, I felt ashamed to go home and my whole life seems not important or matter anymore. I felt worse than before, just as I was getting over my problems and this happen again. I had become an extreme alcoholism for the next two years after I was discharged. On the day of the 11 of February 2001 was delivered my alcoholism and living great nowadays. I hope you can take this issue consideration of my upgrade to Honorable.

Thank you,
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Character reference, dated August 12, 2002
Applicant's DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     970729 - 970812  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 970813               Date of Discharge: 990702

 Length of Service (years, months, days):

         Active: 01 10 20
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4

 Education Level: 12                        AFQT: Unknown

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA: NMF

 Military Decorations: None

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

 Days of Unauthorized Absence: 26

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-142 (formerly 3630605).

 Chronological Listing of Significant Service Events :

981028:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 86:
         Specification: Absent from unit on 1230, 980818 until 0715, 980914 (26 days).
         Charge II: violation of the UCMJ, Article 87:
         Specification: Missing ship's movement through neglect on 980824.
         Finding: to Charge I and II and the specifications thereunder, guilty.
         Sentence: Forfeiture of $600.00, confinement for 30 days, reduction to SR.
         CA action 981110: Sentence approved and ordered executed.

990223:  Alcohol Screening: Referred by DAPA/CAAC for alcohol evaluation. A: Alcohol dependence. P: Recommend intensive outpatient treatment through command CAAC, who have been notified of this recommendation.

990421:  Psychology Officer's evaluation: Applicant is not physiologically or psychologically dependent on marijuana. Recommendations: 1. No treatment action is indicated. 2. There are no psychological contraindications for any administrative or disciplinary action, as the command see fits. 3. He is still considered to be alcohol dependent, and recommended for Intensive outpatient treatment, based on the evaluation performed on 23 Feb 99. Applicant signed memorandum stating he understood information and does accept recommendation.

990702:  DD Form 214: Discharged Applicant's general (under honorable conditions) by reason of misconduct due to the commission of a serious offense.

Discharge package missing service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 990702 with a characterization of general (under 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. While he may feel that his alcohol dependence was a contributing factor, it does not mitigate the Applicant’s disobedience of the orders and directives that regulate good order and discipline in the naval service, demonstrating he was unsuitable for further service. His service record is marred by award of a summary court-martial for unauthorized absence and missing ship’s movement, thus substantiating the misconduct for which he was separated . It must be noted that most Sailors serve honorably and well and therefore earn honorable discharges. In fairness to those Sailors, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due. An upgrade to honorable conditions would be inappropriate. Relief denied. For the Applicant’s edification, Sailors guilty of committing a serious offense normally receive a discharge characterization of under other than honorable conditions.

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, certification of non-involvement with civil authorities and credible evidence that the Applicant is living an alcohol free life style, are examples of verifiable documents that should be provided to receive consideration for relief, based on post-service conduct. At this time, the Applicant has not provided sufficient verifiable documentation of good character and conduct to mitigate his misconduct while on active duty. 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 15560C), Change 18, effective
12 Dec 97 until 29 March 2000, Article 1910-142 [formerly 3630605]. SEPARATION 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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