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NAVY | DRB | 2003_Navy | ND03-01244
Original file (ND03-01244.rtf) Auto-classification: Denied


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

ex-OSSA, USN
Docket No. ND03-01244

Applicant’s Request
The application for discharge review was received on 20030721. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 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 20040608. 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 of the discharge shall not change. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1. “I am asking for a change in my discharge. I have finally come to realize my problem with alcohol. It has taken me two years after serving the navy to grasp my problem. I served four years in the navy and excelled at my job as well as many jobs outside my rate. I was sent through CAAC for my alcohol problem and found it lacking, mostly due to me. Now things are on a different path, and I still want to pursue many things in my life. I know I can never have a career in the navy as I hoped, but I can still keep my life on track and go back to school with the upgrade of my discharge. I hope to still salvage a productive life, and learn from my mistakes. Thank you for consideration on my appeal however the outcome.”

 Documentation
In addition to the service record, NO DISCHARGE PACKAGE AVAILABLE, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     970722 - 971123  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 971124               Date of Discharge: 011108

 Length of Service (years, months, days):

         Active: 03 11 08
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4 (19 months extension)

 Education Level: 12                        AFQT: 42

 Highest Rate: OSSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)    Behavior: 1.00 (1)                OTA: 2.50

 Military Decorations: None

 Unit/Campaign/Service Awards: AFEM, SSDR (wb*)

 Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

 Chronological Listing of Significant Service Events :

990805:  NJP for violation of UCMJ, Article 134: Disorderly conduct, drunkenness.
         Award: Forfeiture of $100.00 pay per month for 1 month, restriction and extra duty for 20 days. No indication of appeal in the record.

000401:  NJP for violation of UCMJ, Article 86: Absence without leave.
Award: Forfeiture of $617.00 pay per month for 1 month, restriction and extra duty for 15 days, reduction to E-3 (suspended for 6 months). No indication of appeal in the record.
000605:  NJP for violation of UCMJ, Article 134: Disorderly conduct, drunkenness.
Award: Forfeiture of $563.00 pay per month for 1 months, reduction to E-2. No indication of appeal in the record.
000629:  Applicant diagnosed as alcohol dependence with physiological dependence. Applicant successfully completed and commenced from treatment.

001005:  NJP for violation of UCMJ, Article 86: Absence without leave.
Award: Forfeiture of $563.00 pay per month for 1 month, restriction for 45 days, reduction to E-1 (suspended). No indication of appeal in the record.
010924:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Award: Forfeiture of $400.00 pay per month for 1 month, restriction to USS HALYBURTON (FFG-40) for 45 days, extra duty for 45 days, reduction to E-3. No indication of appeal in the record.
NO DISCHARGE PACKAGE AVAILABLE.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20011108 under other than honorable conditions for misconduct due to a pattern of misconduct (A). In the absence of the discharge package, the Board presumed regularity in the conduct of governmental affairs (B) and, fter a thorough review of the available 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 Applicant contends that his problems in the Navy can be attributed to his "overindulgence in alcohol". While he may feel that his alcohol dependence was the underlying cause of his misconduct, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service. The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. Relief on this basis is 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 or any other evidence relating to his 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 18, effective
12 Dec 1997 until 21 Aug 2002, Article 1910-140 (formerly 3630600), SEPARATION BY REASON OF MISCONDUCT - 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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