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NAVY | DRB | 2003_Navy | ND03-00726
Original file (ND03-00726.rtf) Auto-classification: Denied


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

ex-BT3, USNR
Docket No. ND03-00726

Applicant’s Request
The application for discharge review was received on 20030317. The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to [left blank]. The Applicant requests 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 20040311. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the character and narrative reason of the discharge shall not change. The discharge shall remain: UNDER HONORABLE CONDITIONS (GENERAL)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “Please upgrade my General under Honorable condition so I can get a Better job to support my 4 daughters Please, I serve Honorable from 10/13/87 to 09/03/93.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
California Department of Motor Vehicles record check, dated February 7, 2003
Applicant’s driver license
Applicant’s guard registration
Applicant’s baton permit
Card for Adult CPR
Card for Standard First Aid
Applicant’ social security card
Letter from Department of Veterans Affairs, dated February 25, 1997
Certificate of completion, dated October 27, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR            870810 – 871013  Report to ACDU
         Active: USNR              871014 – 901011  HON (to enlist USN)

 Period of Service Under Review :
Date of Enlistment: 901012               Date of Discharge: 930913

 Length of Service (years, months, days):

         Active: 02 11 02         Does not exclude lost time
         Inactive: None

 Age at Entry: 21                          Years Contracted: 5

 Education Level: 12                        AFQT: 26

 Highest Rate: BT3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.65 (4)    Behavior: 3.45 (4)                OTA: 3.60

 Military Decorations: None

 Unit/Campaign/Service Awards: AFEM (2), NDSM, BER, SSDR (2), GCM

 Days of Unauthorized Absence: 6

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

UNDER HONORABLE CONDITIONS (GENERAL)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

901012:  Applicant reenlisted for 5 years.

910406:  Applicant to unauthorized absence 0800, 910406.

910407:  Applicant from unauthorized absence 0800, 910407 (1 day/surrendered).

920131:  DAPA: Applicant evaluated as an alcohol abuser [Date estimated].

 920206:  Civil Conviction: Pierce County District Court Tacoma, WA for violation of 1. driving while intoxicated and 2. reckless driving.
 Sentence: 1. Fine $1000.00, jail for 365 days. Suspended $750 and jail for 358 days. 2. Fine $1000.00, jail for 365 days. Suspended $750 and 365 jail for days. Driver’s license suspended fro 90 days.
921218:  Applicant completed Level III treatment and instructed on aftercare.

 930220:  Applicant to unauthorized absence 0730, 930220.

930220:  Applicant arrested and charged with DUI and destruction of property. Applicant refused breathalyzer test.

930226:  Applicant from unauthorized absence 0715, 930226 (5 days/surrendered).

930308:  Drug and Alcohol Abuse Report: Alcohol abuse, 1 to 3 times per week, ashore off duty. Civilian police 930220. CAAC found Applicant not dependent and recommended for Level II. Physician found Applicant dependent and recommended Level III. Commanding Officer recommended separation. Comments: Mbr was afforded Level II treatment in Aug 92. Later it was determined mbr was dependent and he was afforded Level III treatment in Dec 92. Mbr had a subsequent alcohol related incident (DUI) on 20Feb92. Mbr is being administratively separated in accordance with OPNAVINST 5350.4b for rehab/aftercare failure.

930329:  Applicant’s statement.

930528:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the civilian conviction as evidenced by your conviction in Pierce County District Court Tacoma, Washington on 920206 for driving while intoxicated and reckless driving; and alcohol rehabilitation failure as evidenced by your failure, through inability or refusal to participate in, cooperate in, or successfully complete such a program.
930529:  Applicant declined 30 days inpatient treatment for alcohol abuse at a Veterans Hospital prior to discharge.
930529:  Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
930629:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed a civilian conviction and alcohol rehabilitation failure, by a vote of 2 to 1, that the misconduct warranted separation, and by unanimous vote, recommended discharge under honorable conditions (general).

930805:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and alcohol rehabilitation failure. Commanding Officer’s comments (verbatim): Based on the member’s own statement, he has had two arrests for driving while intoxicated. I do not feel such other than honorable conduct warrants a General discharge.

930823:  BUPERS directed the Applicant's discharge under honorable conditions (general) by reason of misconduct due to the commission of a serious offense.

960823:  BCNR decision, docket 1100-96.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19930913 under honorable conditions (general) 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: The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities as requested in the issue. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. Relief denied.

The Applicant's discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. 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 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 or any other evidence related to the applicant’s discharge 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 5, effective
05 Mar 93 until 21 Jul 94, Article 3630600, SEPARATION OF ENLISTED PERSONNEL 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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