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NAVY | DRB | 2003_Navy | ND03-01447
Original file (ND03-01447.rtf) Auto-classification: Denied


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

ex-RMSR, USNR
Docket No. ND03-01447

Applicant’s Request
The application for discharge review was received on 20030903. 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 YYYYMMDD. 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/Misconduct - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1. “During my stay in the United States Navy (7/88 - 5/91). I can say that it was truly an adventure. I’ve been most places that people dream about, including, serving in the Gulf War. But i am writing this in regards to upgrading my discharge (OTH) other than honorable) – to honorable conditions. My mishaps came from being chemically dependant on alcohol and marital problems. The Unites States Navy tried to get me on a program for chemical/substance abuse at a facility in Brentwood Ca, but in my ignorance and youth, i declined. In my years of miscues and hang-ups I’m convinced that the Navy was right. Currently i’m in a substance- abuse program and it feels like my life is back on track. I’ll be completing the program Sept 11 of this year and I ask that you would grant me this favor. I would be greatly appreciated.

Sincerely,

M_ D_ M_ (Applicant)”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
None

PART II - SUMMARY OF SERVICE

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

 Period of Service Under Review :
Date of Enlistment: 880628               Date of Discharge: 910524

 Length of Service (years, months, days):

         Active: 02 10 11
         Inactive: 00 00 15

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 12                        AFQT: 24

 Highest Rate: RMSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.33 (3)    Behavior: 2.33 (3)                OTA: 2.53

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 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 :

880714:  Applicant ordered to active duty for 36 months under the Active Mariner Program.
900607:  Retention Warning from USS INGRAHAM (FFG 61): Advised of deficiency (Failure to complete assigned DC POS in allotted time.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

 900626:  Retention Warning from USS INGRAHAM (FFG 61): Advised of deficiency (Unsatisfactory performance and repeated disciplinary infractions.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
900727:  NJP for violation of UCMJ, Article 86: Absent from appointed place of duty for a period of 2 hours, violation of UCMJ, Article 92: Failed to obey a lawful general regulation by wrongfully consuming/possessing alcoholic beverages under age.
         Award: Forfeiture of $100 per month for 1 month, restriction and extra duty for 1 day, and down grade TS clearance/access to secret. No indication of appeal in the record.
901214:  NJP for violation of UCMJ, Article 86: Absent from unit for 1 ½ hours, violation of UCMJ, Article 92 (2 specs): (1) Fail to obey a lawful order to surrender ID card, (2) Wrongfully wearing the wrong rating marks on uniform for CO’s mast.
         Award: Forfeiture of $200 per month for 1 month, extra duty for 10 days, reduction to RMSA. Reduction suspended for 6 months. No indication of appeal in the record.
910410:  Vacate reduction to RMSA awarded at CO’s NJP dated 901214 due to continued misconduct.
910410:  NJP for violation of UCMJ, Article 86: Absent from unit for 8 hours, violation of UCMJ, Article 87: Miss movement of unit, violation of UCMJ, Article 107: False official statement.
         Award: Forfeiture of $200 per month for 1 month, restriction for 2 days, reduction to RMSR. No indication of appeal in the record.
910416:  USS INGRAHAM (FFG 61) 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 nonjudicial punishments under the UCMJ within the current enlistment.
910416:  Applicant advised of rights and having elected not to consult 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.

910423:  Applicant diagnosed alcohol dependant. Applicant declined treatment for substance abuse/dependency at a Veteran’s Administration Hospital (VAH).
910426:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

910515:  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 19910524 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. When the service of a member of U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. An Under Other Than Honorable Conditions discharge is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. The Applicant’s service was marred by three nonjudicial punishment proceedings for seven violations of Articles of the UCMJ, to include violations of Articles 86, 87, 92 and 107. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

The Applicant contends that his problems in the Navy can be attributed to his "being chemically dependant on alcohol and marital problems". While he may feel that his abuse of alcohol and marriage were the underlying causes 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.

Outstanding post-service conduct, 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, can be considered. In determining whether a case merits a change based on post-service conduct, the NDRB considers the length of time since discharge, the applicant's record of community service, employment, conduct, educational achievements, and family relationships. In reviewing the applicant’s post service, the Board was impressed with the efforts he has made towards sobriety. However, the Applicant has provided insufficient evidence of post-service accomplishments to warrant an upgrade on this basis. Therefore, relief will not be granted at this time. The applicant is reminded that he remains eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at a personal appearance hearing is highly recommended. The possibility of favorable action in the applicant’s case will increase with the amount of time he maintains an alcohol and drug free lifestyle. Verifiable documentation of such a lifestyle is essential. The applicant is encouraged to continue his community service, remain sober, and apply for a personal appearance hearing prior to15 years from the date of discharge.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A, Change 8 effective 21 Aug 89 until 14 Aug 91), 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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