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NAVY | DRB | 2004_Navy | ND04-01425
Original file (ND04-01425.rtf) Auto-classification: Denied


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


ex-STG1, USN
Docket No. ND04-01425

Applicant’s Request
The application for discharge review was received on 20040914. The Applicant requests the characterization of service received at the time of discharge be changed to general (under honorable conditions). The Applicant requests a documentary record review. The Applicant did not list any representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20041222. 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, authority: NAVMILPERSMAN, Article 1910-142 (formerly 3630605).


PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as stated
1. “I am requesting a change in the type of discharge I received based on my over all characterization of service. I have seventeen years of honorable service.”
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)              860103 - 860320  COG     
         Active: USN                        860321 - 920102  HON
                   USN                       920103 - 990923  HON
                   USN                       990924 - 020926  HON

 Period of Service Under Review :
Date of Enlistment: 020927               Date of Discharge: 031219

 Length of Service (years, months, days):
         Active: 01 02 22
          Inactive: None
Age at Entry: 18                          Years Contracted: 3

Education Level: 12 (GED)                          AFQT: 85
Highest Rate: STGC

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 1.00 (1)    Behavior: 1.00 (1)                OTA: 2.0

 Military Decorations: NAM(3), GCM(4), ESWS
Unit/Campaign/Service Awards: MUC, JMUA, CGMUC, NER(2), NDSM(2), AFEM, SWASM(w/2 BRONZE STARS) KCM, SSDSR (5), CGSOSR, NATO, KLM, NSRR
Days of Unauthorized Absence: 71

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-142 (formerly 3630605)

 Chronological Listing of Significant Service Events :

030625:  Medical Evaluation: Applicant diagnosed
         AXIS I: Alcohol dependence with Physiologic Dependence
          AXIS II: Personality Disorder NOS with Borderline and Antisocial Traits
          AXIS III: Headaches
         AXIS IV: Problem with primary support system, military stressors, and interaction with the legal system
          AXIS V: GAF 55
030630:  Medical Evaluation: Applicant diagnosed
         AXIS I: Alcohol Dependence
         AXIS II: Personality Disorder NOS
                   Borderline and Antisocial Traits

030703:  Applicant released from substance abuse rehabilitation program as a result of noncompliance with program rules and regulations.

030909:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Award: Oral admonition; Restriction for 60 days. Punishment suspended for 6 months.

031104:  Counseling: Advised of deficiency (Art 86 - Unauthorized absence from appointed place of duty and Art 92 – Failure to obey order or regulation).
031104:  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, alcohol rehabilitation failure and civilian conviction.
031104:  Applicant advised of rights and having elected 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

031117:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to alcohol rehabilitation failure, commission of a serious offense and civilian conviction.
031209:  Commander, SUBFORCE directed Applicant’s discharge.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20031219 under other than honorable conditions for 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: 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. 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 award of nonjudicial punishment (NJP) on one occasion for violation of Article 86 of the UCMJ, and an adverse counseling entry on another occasion for violation of Articles 86 and 92 of the UCMJ. Additionally, the Applicant failed to complete a command approved Alcohol Rehabilitation Program, and had a conviction in civil court for assault and battery. 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 under honorable (general) characterization of service. Relief denied.

 Due to the Applicant’s prior years of honorable service, the NDRB recommends to the Commander, Naval Personnel Command, Millington, TN, to correct the DD Form 214 to reflect “CONTINUOUS HONORABLE ACTIVE DUTY FROM 86MAY31 UNTIL 02SEP26.”

 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. 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), re-issued October 2002, effective 22 Aug 02 until Present, Article 1910-142 [formerly 3630605]. SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE.

B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .
D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .


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 “ http://Boards.law.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:
                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023

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