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NAVY | DRB | 2002_Navy | ND02-01295
Original file (ND02-01295.rtf) Auto-classification: Denied


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

ex-RMSR, USN
Docket No. ND02-01295

Applicant’s Request
The application for discharge review, received 020912, 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. In the acknowledgement letter the applicant was informed that he was approaching the 15-year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington, DC area. The acknowledgement letter was returned as undeliverable.
 Decision

A documentary discharge review was conducted in Washington, D.C. on 030722. 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 P_ P_ submitted a similar form three years ago. This matter may have been decided already but since I have not received notification I am submitting another form as my 15 years is at hand.

While at NTC San Diego 1985 I was deemed a candidate for treatment for alcoholism at Naval Hospital, Bethesda, MD. After I reported to the USS California CGN 36, Alameda, CA my orders came for Bethesda to spend six (6) weeks in treatment for alcoholism. However, my CPO (RMC B_ D_) decided it was not necessary and I was needed on board. I never went for treatment. Two (2) years later I was given an OTH general discharge for alcoholism. It is my firm belief that if given an opportunity for treatment my military service would have ended much differently. I believe my discharge was inequitable.
Thank you for your consideration.
Documentation
In addition to the service record, there was no additional documentation submitted by the Applicant.

PART II - SUMMARY OF SERVICE

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

 Period of Service Under Review :
Date of Enlistment: 850703               Date of Discharge: 870925

 Length of Service (years, months, days):

         Active: 02 02 23
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

Education Level: 12                        AFQT: 85

 Highest Rate: RMSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.80 (2)    Behavior: 2.65 (4)                OTA: 3.10

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, LOC, LOA

 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 :

851118:  Retention Warning from [SSC, NTC, San Diego, CA]: Advised of deficiency (You were found guilty at Officer in Charge, Non-Judicial Punishment for UCMJ, Article 91-Disrespect towards a Petty Officer; UCMJ, Article 92-Failed to obey a lawful order; UCMJ, Article 112-Drunk on duty.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

851118:  NJP for violation of UCMJ, Article 91: Disrespectful in language, violation of UCMJ, Article 92: Disobeying a lawful order, violation of UCMJ, Article 112: Drunk on duty.
         Award: Restricted to the confines of Naval Training Center San Diego CA for 14 days, extra duties for 14 days (restriction and extra duty for 4 days suspended for 3 months), Forfeiture of $125.00 pay per month for 3 months ($50.00 pay per month for 1 month suspended). No indication of appeal in the record.

851223:  Retention Warning from [USS CALIFORNIA (CGN-36)]: Advised of deficiency (Difficulty controlling behavior while on liberty.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

851227:  Vacate suspended restriction for 4 days, suspended extra duties for 4 days and suspended forfeiture of $50.00 pay per month for 1 month awarded at NJP 851118 due to continued misconduct.

851227:  NJP for violation of UCMJ, Article 92: Disobeying a lawful order, violation of UCMJ, Article 117: Wrongfully use provoking gestures.
         Award: Restricted to the confines of Naval Training Center San Diego CA for 5 days, extra duties for 5 days Forfeiture of $100.00 pay per month for 1 month ($50.00 pay per month for 1 month suspended for 6 months). No indication of appeal in the record.

860920:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ, Article 91: Disrespectful in language towards a Superior Petty Officer, violation of UCMJ, Article 92: Disobeying a lawful order.
Award: Forfeiture of $100.00 per month for 1 month, extra duty for 5 days. No indication of appeal in the record.
861211:  NJP for violation of UCMJ, Article 92: Failure to obey a lawful order, violation of UCMJ, Article 95: Resisting apprehension, violation of UCMJ, Article 117: Provoking speeches or gestures, violation of UCMJ, Article 134: Disorderly conduct, drunkenness.
Award: Forfeiture of $100.00 pay per month for 2 month, restriction to the limits of the ship for 15 days, extra duty for 15 days, reduction to E-2 (suspended for 6 months). No indication of appeal in the record.
870523:  NJP for violation of UCMJ, Article 92: Failure to obey lawful written order; violation of UCMJ, Article 134: (2 Specifications), Drunk and disorderly.
         Award: Forfeiture of $100.00 pay per month for 2 months, restriction to the limits of the ship for 20 days, extra duty for 20 days, reduction to E-2. No indication of appeal in the record.
870703:  NJP for violation of UCMJ, Article 86: Unauthorized absence from appointed place of duty, violation of UCMJ, Article 91: (2 Specifications), Specification 1: Willfully disobey order from Superior Petty Officer, Specification 2: Contempt toward a superior petty officer, violation of UCMJ, Article 91: Fail to obey a lawful written order.
Award: Forfeiture of $50.00 pay per month for 2 month, restriction and extra duty for 20 days, reduction to E-1 (suspended for 6 months). No indication of appeal in the record.
870706:  USS CALIFORNIA (CGN-36) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by three or more punishments in the current enlistment.
870707:  Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

870717:  Psychiatric Evaluation indicates Applicant was diagnosed with a Mixed Personality Disorder with Histrionic Narcissistic and Anti Social traits, Alcohol Abuse/Dependency.

 870731:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to a pattern of misconduct, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

870813:  The reduction in rate to paygrade E-1 awarded at CO's NJP on 870703 is hereby vacated by the order of the Commanding Officer.

870814:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by three or more punishments in the current enlistment.

870917:  CNMPC 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 870725 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: 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 alcoholism 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 non-judicial punishment (NJP) on six separate occasions thus substantiating the misconduct . 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 with similar service records 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. At this time, the Applicant has not provided any verifiable documentation of good character and conduct to mitigate his misconduct while on active duty. Relief denied.






Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A, effective 870615 - 890110), Article 3630600, SEPARATION OF ENLISTED MEMBERS 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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