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NAVY | DRB | 2002_Navy | ND02-01283
Original file (ND02-01283.rtf) Auto-classification: Denied


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

ex-GSEFN, USN
Docket No. ND02-01283

Applicant’s Request
The application for discharge review, received 020910, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. 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 030612. 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 enlisted in the Navy 87 Mar 02 and was discharged 92 May 15 (5 yrs, 2 mos, 14 days) with an other than honorable (OTH) discharge.
I respectfully request a review of my record to determine if an upgraded discharge is in order.

Although I had rec'd N.J.P. for two prior offences of UA I choose at that time not to fight them, no understanding that they could add up over time and I could be discharged.
My record and performance evaluations will show that I was a good petty officer who rec'd 3.8 evals the month prior to discharge and rec'd a letter of commendation from Read Admiral T_ only 7 months prior. I was a qualified work center supervisor and stood asst EOOW and at the time of discharge was to be qualified engineering officer of the watch having completed an oral board. I was punished for each offence and then collectively punished again.
My 1 st NJP for being 4 hours U was not for any intention absence, I got lost in Usbon, Portugal.
My 2 nd NJP was for a DUI rec'd off base shortly after returning from deployment to the Gulf War.
I completed CACC and NADSAP as req'd as well as completing a 15 day restriction & 15 day extra duty. Plus - completing the probation and fines and community service punishment rec'd in civilian court.

Thank you in advance yours

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Nine pages from Applicant's service

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     861217 - 870301  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 870302               Date of Discharge: 920515

 Length of Service (years, months, days):

         Active: 05 02 14
         Inactive: None

 Age at Entry: 26                          Years Contracted: 4 (24 months extension)

 Education Level: 10 GED           AFQT: 61

 Highest Rate: GSE2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (6)    Behavior: 3.23 (6)                OTA: 3.70

 Military Decorations: None

 Unit/Campaign/Service Awards: AFEM, NDSM, SSDR, SASM with Bronze Star, SOSR (2), NUC, KLM, BEA

 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 :

890524:  NJP for violation of UCMJ, Article 92: Failure to return to ship with appointed escort, violation of UCMJ, Article 86: Unauthorized absence for 3 hrs, 50 minutes on 890520.
         Award: Restriction and extra duty for 15 days, appointment with command drug and alcohol program advisor. No indication of appeal in the record.
890608:  Retention Warning from USS DE WERT (FG-45): Advised of deficiency (Alcohol abuse.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910302:  Applicant extended enlistment for 24 months.

 910820:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0730-2019, 910816.
         Award: Reduction to GSE3. Reduction suspended for 6 months. No indication of appeal in the record.
910820:  Retention Warning from USS MCINERNEY (FFG-8): Advised of deficiency (Unauthorized absence due to an alcohol related incident.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
920423:  NJP for violation of UCMJ, Article 112A: Wrongful use of a controlled substance, to wit: cocaine.
         Award: Restriction and extra duty for 45 days, reduction to GSE3. No indication of appeal in the record.
920423:  USS MCINERNEY (FFG-8) notified Applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse and misconduct due to a pattern of misconduct as evidenced by all punishments under the UCMJ in your current enlistment.
920423:  Applicant advised of rights and having consulted 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.
920429:  CAAC evaluation: Applicant screened by CAAC counselor as a result of an: Alcohol related incident/drug related incident. Applicant denies using controlled substance. Applicant screened two previous times for alcohol related incidents and was recommended for administrative separation by CAAC. Applicant does not meet DSM III R criteria for drug/alcohol dependency or abuse. Cannot recommend administrative separation due to no positive urinalysis. Recommend ship do what is felt appropriate.

920505:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse and misconduct due to a pattern of misconduct. Commanding Officer’s comments (verbatim): GSE3 (Applicant) is no longer considered a reliable member of the naval service. GSE3 (Applicant) has been found to have violated Art 112A (wrongful use of controlled substance) (cocaine) by commanding officer USS MCINERNEY (FFG-8). GSE3 (Applicant) has indicated that he no longer desires to remain in the naval service and he no longer shares the trust and confidence of his shipmates and supervisors. He has my strongest recommendation for immediate discharge from the naval service with an other than honorable characterization.

920512:  BUPERS directed the Applicant's discharge under other than honorable conditions 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 920515 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: In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge proper and equitable . A characterization of service of under other than honorable conditions is warranted when the service member’s conduct constitutes a significant departure from that expected of a Sailor. The record is void of any evidence that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. The Applicant’s service record is marred by award of non-judicial punishment (NJP) on three separate occasions for unauthorized absence and illegal drub abuse, thus substantiating the misconduct for which he was separated. The Applicant’s summary of service clearly reflects his disobedience of the orders and directives that regulate good order and discipline in the naval service, and demonstrated he was unsuitable for further service. An upgrade to general (under honorable conditions) would be inappropriate. Relief denied. For the Applicant’s edification, Sailors who exhibit a pattern of misconduct or guilty of illegal drug use 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 a drug free life style, are examples of verifiable documents that should be provided to receive consideration for relief, based on post-service conduct.

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, 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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