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NAVY | DRB | 2004_Navy | ND04-00725
Original file (ND04-00725.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND04-00725

Applicant’s Request
The application for discharge review was received on 20040401. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record 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 D.C. area. Applicant did not respond.

Decision

A documentary review was conducted in Washington, D.C. on 20041008. 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 - convicted by a civil court for offense(s) occurring during current term of military service, authority: MILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

 1. “THE REASON I WAS DISCHARGE STEM FROM A POOR CHOICE, THAT LEAD TO AN INCIDENT ANNOTED IN MY MILITARY RECORD. THE IMPACT OF A DISCHARGE UNDER OTHER THAN HONORABLE CONDITIONS, HAS HAMPERED MY ABILITY TO OBTAINED AND MAINTAIN SUITABLE EMPLOYMENT. I HAVE A FAMILY AND LIKE MOST AMERICAN DESIRE THE VERY BEST FOR THEM. SINCE MY RELEASE FROM ACTIVE DUTY, I HAVE COMPLETED COLLEGE, MAJORING IN ENVIRONMENTAL SCIENCE, AND SEEK TO OBTAINED EMPLOYMENT IN THIS OR A RELATED FIELD. I ATTEND CHURCH REGULARLY AND TEACH SUNDAY SCHOOL. I AM A PRODUCTIVE MEMBER OF SOCIETY, LAW ABIDING AND SUPORT THE VALUES OF SOCIETY. REVIEWING MY MILITARY RECORD, IT WILL REFLECT IN COMPENSURATE WITH MY RANK AT THE TIME OF ACTIVE DUTY, THAT I WAS BOTH RESPONSIABLE, AND PERFORM TO STANDARDS MY DUTY ASSIGNMENTS. THE ONE INFRACTION THAT OS ANNOTED IN MY RECORDS I FIRMLY REGREAT, HOWEVER, I MUST STRIVE TO UP GRADE MY DISCHARGE SO THAT I MAY BE COMPETITIVE IN THE JOB MARKET, THAT WILL RESULT IN OVERALL SECURITY FOR MY FAMILY. UNFORTUNATELY, SOCIETY DOES NOT LOOK FAVORABLY ON AN OTHER THAN HONORABLE DISCHARGE. SO I RESPECTFULLY REQUEST FAVORABLE CONSIDERATION FOR AN UPGRADE TO MY CURRENT DISCHARGE CERTIFICATE TO HONORABLE. ”

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: USNR (DEP)     871130 - 880202  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 880203                        Date of Discharge: 891103

 Length of Service (years, months, days):

         Active: 01 09 00
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 27

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.5 (2)     Behavior: 3.3 (2)                 OTA: 3.60

 Military Decorations: Enlisted Submarine Breast Insignia, SSBN Deterrent Patrol

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct -convicted by a civil court for offense(s) occurring during term of military service, authority: MILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

881207:  Civil Conviction: Superior Court of Columbus County, North Carolina, for violation of driving while impaired on 881121.
 Sentence: 60 days jail time (suspended for 2 years), $75.00 fine, loss of driving privileges, complete alcohol and drug education traffic school.
881209:  Medical Evaluation: Applicant diagnosed as alcohol abuser with fair potential for future productive naval service. Recommend completion of 36 hour Navy Alcohol and Drug Safety Action Program (NADSAP).

890313:  Retention Warning: Advised of deficiency (Excessive consumption of alcoholic beverages and Civilian conviction of driving under the influence which resulted in loss of driver’s license), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

890302:  Medical Evaluation: Applicant not psychologically dependent on alcohol. Potential for future productive naval service is fair. Recommend completion of Level II CAAC treatment.

890419:  Civil Conviction: Superior Court of Columbus County, North Carolina, for violation of driving while impaired on 890216.
 Sentence: 2 years jail time (suspended for 2 years), $500.00 fine, loss of driving privileges, obtain a substance abuse assessment, participate in a treatment program.
890713:  Civil Judgment and Confinement: Superior Court of Columbus County, North Carolina, for non-compliance as evidenced by second DWI conviction of 890419.
 Sentence: 21 days jail time, $400.00 fine.
890913:  Applicant notified of intended recommendation for discharge with a least favorable characterization of under other than honorable conditions by reason of misconduct due to commission of a serious offense as evidenced by civil convictions and alcohol abuse rehabilitation failure.
890913:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27(b), elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation and the right to submit statements.
Undated:         Applicant’s statement verbatim: “I have been afforded the opportunity for alcohol rehabilitation and decline. I do not intend to limit my alcohol consumption and do not object to this separation.”
890914:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense as evidenced by civil convictions and alcohol abuse rehabilitation failure. Commanding Officer’s comments (verbatim): “SA G_ completed NADSAP (Level I) on 13 Jan 89. My Executive Officer and I have personally counseled him regarding his alcohol abuse and he stated he has no intentions of eliminating his intake of alcohol. SA G_ demonstrates no potential for further naval service and I strongly recommend he be administratively discharged per references (a) through (d) with a general discharge.”

891018:  CNMPC directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to civil conviction.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19891103 under other than honorable conditions for misconduct due to civil conviction (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 impropriety or inequity must have existed during the period of enlistment in question. No impropriety or inequity is evident during the Applicant’s enlistment. 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 naval service. The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle, and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided any documentation for the Board to consider. Relief denied.

The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, on or before 20041103, 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. The 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.

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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