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NAVY | DRB | 2004_Navy | ND04-00495
Original file (ND04-00495.rtf) Auto-classification: Denied


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


ex-AEAA, USN
Docket No. ND04-00495

Applicant’s Request
The application for discharge review was received on 20040204. 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 20040922. 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: GENERAL (UNDER HONORABLE CONDITIONS)/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. “Service member began having personal problems attempted to deal with demons visited chaplain, attempted to terminate shore duty and return to sea duty all request were denied, Member attempted to deal with issues on his own.
2. After first Dui service member was evaluated and recommended a treatment plan, treatment was not provided.
3. After second DUI service member was reevaluated and placed on waiting list for treatment by this time service member problems were over whelming.

 4. Service member elected an Administrative Separation to return home and seek immediate treatment with his the support of his family.

5. Service member held himself to the high standards of the United States Navy prior to this infractions and understands the mission of the Navy cannot be compromised for one individual, but respectfully request his moment of weakness be stricken from his record.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Associate of Applied Science in Aviation Maintenance Technology Degree, dated December 18, 2002
 Applicant’s DD Form 214 (2)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     930625 - 930803  COG
         Active: USNR              930804 - 960604  HON
Period of Service Under Review :
Date of Enlistment: 960605               Date of Discharge: 970409

 Length of Service (years, months, days):
         Active: 00 10 05
          Inactive: None
Age at Entry: 22                          Years Contracted: 4

 Education Level: 11                        AFQT: 54
Highest Rate: AE3

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.00 (1)    Behavior: 3.00 (1)                OTA: 3.00

 Military Decorations: None
Unit/Campaign/Service Awards: NDSM, SSDR, SASM, AFEM, GCM

 Days of Unauthorized Absence: None
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

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

 Chronological Listing of Significant Service Events :

960927:  NJP for violation of UCMJ, Article 111: Drunken or reckless driving on 960913.
         Award: Forfeiture of $558 per month for1 month, restriction for 15 days, reduction to E-3. Forfeiture and reduction suspended for 6 months. Appealed: 961223. Appeal denied: 970210.
961009:  Applicant recommended for Level I.

 961010:  Drug and Alcohol Abuse Report as a result of DUI: Alcohol abuse, ashore off duty. CAAC recommended Level I. Commanding Officer recommended Level I including NADSAP.
961217:  Vacate suspended forfeiture and reduction awarded at Commanding Officer’s NJP dated 960927 due to further misconduct.
961217:  Retention Warning: No further information found in service record. [Extracted from Commanding Officer’s letter dated 970331]
961219:  NJP for violation of UCMJ, Article 111: Drunken or reckless driving on 961216.
         Award: Forfeiture of $400 per month for 2 months, oral reprimand, reduction to E-3. No indication of appeal in the record.
961227:  CAAC evaluation: Applicant appears to meet criteria for alcohol dependence. Applicant recommended for Level III.
Undated: Applicant refused Level III treatment. [Extracted from Commanding Officer’s letter dated 970331]
970218:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by two CO’s NJP dated 960927 and 961219 and refusal of alcohol rehabilitation.
Undated:         Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board. Applicant objected to separation.
970321:  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, and by a vote of 2 to 1, found the Applicant had refused alcohol rehabilitation and by unanimous vote that the misconduct warranted separation, and recommended discharge general (under honorable conditions).

970331:  Commanding Officer directed discharge with a general (under 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 19970409 with a general (under 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).
Issues 1-5: A characterization of service of general (under honorable conditions) is warranted when the member’s conduct constitutes a departure from that expected of a sailor. The Applicant’s service was marred by award of nonjudicial punishment on two occasions for violating UCMJ, Article 111 and his failure to complete alcohol dependence rehabilitation. The Board found no indication in the record that the Applicant was inequitably or improperly denied treatment for his alcohol abuse. The Applicant’s allegations, that he was denied assistance and counseling, do not refute the presumption of regularity in this case. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.
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. E vidence of continuing educational pursuits, a positive employment record, an alcohol-free lifestyle, and certification of community service and non-involvement with civil authorities are examples of verifiable proof that can be submitted. At this time, the Board determined that the documentation submitted by the Applicant does not mitigate his misconduct while on active duty.

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 documentation to support any claims of post-service accomplishments or any other evidence related 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 14, effective 03 Oct 96 until 11 Dec 97), 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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