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




ex-ETSR, USN
Docket No. ND05-00621

Applicant’s Request

The application for discharge review was received on 20050228. 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 20050727. 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).

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PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“My discharge was inequitable because it did not reflect those things that took place after my admission and completion of ARD. My military record will show that upon my completion of ARD my ‘pattern of misconduct’ for which I received and Other Than Honorable Discharge was no longer a pattern. After I completed the Alcohol Rehabilitation Program my attitude, and my life, changed immensely. All those who worked around me could see the changes that took place within me when I got sober. Yet, I was still haunted, both mentally and in my military records, by the things that I had done before my rehabilitation. I spoke with the Captain and with my superior officers and all were in agreement that the changes in me were admirable and that I should try to continue my naval service. While in ARD I learned that it was important to love myself and be an individual. The Navy taught me the importance of being part of a team. At that time in my life, I could not mentally be part of a team and be a complete individual as well. I was given a choice of staying or going and after much debate I decided it best for myself to go. I did not leave with any harsh feeling toward the Navy or those positioned above me, nor did I feel that anyone held any resentment or anger towards me.
Since my discharge I have completed 3 years of college. I have 2 years remaining to obtain my bachelor’s degree of Science in Registered Nursing. I average 16 credits a semester. I am also working full time as a food server in a private country club. As they say, hindsight is 20/20. I see now that the decision I made was ultimately not the best one for me. I was young and did what I thought was best for me at that time. By changing my discharge I am hoping to be able to complete my Baccalaureate Degree and begin to help people in a positive manner without the curse of my discharge any longer haunting me.”

Documentation

In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:

Applicant’s DD Form 214
Letter from Applicant dated May 16, 2005
Civil Applicant Response from Idaho State Police printed April 5, 2005
College transcript, unofficial dated April 14, 2005
Transfer equivalency report dated August 20, 2003
Character Reference from T_ F_ dated April 10, 2005
Employment Reference from J_ W_ dated March 25, 2005
Character Reference from L_ M_ dated May 27, 2005
Letter of Gratitude dated August 30, 2004

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PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

         Inactive: USNR (DEP)     971125 - 980112  COG
         Active: USN                        None

Period of Service Under Review :

Date of Enlistment: 980113               Date of Discharge: 991123

Length of Service (years, months, days):

         Active: 01 09 03
         Inactive: None

Age at Entry: 20                          Years Contracted: 4 (24 months extension)

Education Level: 12                        AFQT: 88

Highest Rate: ETSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance: NOB                  Behavior: 1.50 (2)                OTA: 1.50

Military Decorations: None

Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 36

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 :

990326:  NJP for violation of UCMJ, Article 86: Unauthorized absence from Service School Command, Great Lakes, IL from 0715 on 990216 until 0645 on 990224.
         Award: Restriction and extra duty for 10 days. No indication of appeal in the record.

990326:  Retention Warning: Advised of deficiency (Violation UCMJ Article 86 (Unauthorized absence)). Notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

990331:  Medical Record Consultation Sheet: Applicant found to be alcohol dependent by Alcoholism Rehabilitation Department, Naval Hospital, Great Lakes, IL. Intensive outpatient treatment is recommended.

990507:  Commanding Officer, Service School Command, Great Lakes, IL provided letter to Applicant certifying that she had been formally evaluated as an alcohol abuser. Commanding Officer comments: "I believe, however, that you possess exceptional potential for future useful service. To remain eligible for continued service you must participate in the Level II program regimen.... Failure to cooperate in and complete this regimen will constitute grounds for separation processing."

990507:  Commanding Officer, Service School Command, Great Lakes, IL provided additional letter to Applicant that offered rehabilitative treatment in a Level II program for alcohol dependence.

990511:  Applicant responded to Commanding Officer letter of 990507 and accepted rehabilitation treatment in a Level II program for alcohol dependence.

990526:  NJP for violation of UCMJ, Article 86 (2 specifications):
Specification 1: Did at or about 0704 on 990406, without authority, absent herself from Service School Command, Naval Training Center, Great Lakes, IL and did remain so absent until at or about 1445 on 990504 (for a period of 28 days and 41 minutes);
Specification 2: Did at or about 0420 on 990518, without authority, absent herself from Service School Command, Naval Training Center, Great Lakes, IL and did remain so absent until at or about 1845 on 990519 (for a period of 1 day and 14 hours);
V iolation of UCMJ, Article 92: Wrongfully distributing an alcoholic beverage to a person under the age of 21 on or about 990525.
         Award: Forfeiture of $537.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.

990526:  Retention Warning: Advised of deficiency (Violation of UCMJ Article 86 Unauthorized absence (2 specifications) and Article 92 Failure to obey order or regulation (providing alcohol to a minor). Notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

990614:  Applicant began Level II treatment at the Alcoholism Rehabilitation Department, Naval Hospital, Great Lakes, IL
        
990729:  Commanding Officer, Naval Hospital, Great Lakes, IL letter to Commanding Officer, Service School Command releasing Applicant from Level II alcohol dependence treatment due to completion of treatment.

990825:  NJP for violation of UCMJ, Article 86 (7 specifications):
Specification 1: Did at or about 1300 on 990529, without authority, absent herself from Service School Command, Naval Training Center, Great Lakes, IL and did remain so absent until at or about 1600 on 990529 (for a period of about 3 hours);
Specification 2: Did at or about 1515 on 990601, without authority, absent herself from Service School Command, Naval Training Center, Great Lakes, IL and did remain so absent until at or about 1235 on 990602 (for a period of about 19 hours);
Specification 3: Did at or about 1600 on 990602, without authority, absent herself from Service School Command, Naval Training Center, Great Lakes, IL and did remain so absent until at or about 1300 on 990603 (for a period of about 21 hours);
Specification 4 Did at or about 0420 on 990608, without authority, absent herself from Service School Command, Naval Training Center, Great Lakes, IL and did remain so absent until at or about 0630 on 990608
(for a period of about 2 hours);
Specification 5: Did at or about 0420 on 990611, without authority, absent herself from Service School Command, Naval Training Center, Great Lakes, IL and did remain so absent until at or about 0905 on 990611 (for a period of about 4 hours and 45 minutes);
Specification 6: Did at or about 0845 on 990613, without authority, absent herself from Service School Command, Naval Training Center, Great Lakes, IL and did remain so absent until at or about 0945 on 990613 (for a period of about 1 hour);
Specification 7: Did at or about 2220 on 990705, without authority, absent herself from Service School Command, Naval Training Center, Great Lakes, IL and did remain so absent until at or about 0400 on 990706 (for a period of about 5 hours and 40 minutes);
Violation of UCMJ 134 (7 specifications):
Specification 1: Did at Naval Training Center, Great Lakes, Illinois, on or about 990529, wrongfully break restriction;
Specification 2: Did at Naval Training Center, Great Lakes, Illinois, on or about 990601, wrongfully break restriction;
Specification 3: Did at Naval Training Center, Great Lakes, Illinois, on or about 990602, wrongfully break restriction;
Specification 4: Did at Naval Training Center, Great Lakes, Illinois, on or about 990608, wrongfully break restriction;
Specification 5: Did at Naval Training Center, Great Lakes, Illinois, on or about 990611, wrongfully break restriction;
Specification 6: Did at Naval Training Center, Great Lakes, Illinois, on or about 990613, wrongfully break restriction;
Specification 7: Did at Naval Training Center, Great Lakes, Illinois, on or about 990705, wrongfully break restriction.
         Award: Forfeiture of $479.00 pay per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.

991026:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service possible being under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to commission of a serious offense.

991026:  Applicant advised of rights and having elected not to consult with qualified counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

991103:  Commanding Officer, Service School Command, Great Lakes, IL recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to the commission of a serious offense. Commanding Officer’s comments: "Two days after ETSR G_’s second Mast, she was caught trying to leave the base while in a restricted status and an unauthorized knife was found in her vehicle during a scheduled gate inspection. On 7 September 1999, I considered referring charges to a special court-martial and requested command services from the Trial Service Office, East Detachment, Great Lakes. From 7 September 1999 until today’s date, ETSR G_ has abided by the rules, established core values, and remains an active participant in her alcohol abuse rehabilitation aftercare program. Based on ETSR G_’s turnaround, I deferred to refer her case to a special court-martial. I recommended ETSR G_ be separated from the naval service with a discharge characterization as Other Than Honorable based on her pattern of misconduct."

991108:  Commander, Naval Training Center, Great Lakes, IL authorized the Applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

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PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19991123 under other than honorable conditions for misconduct due to a pattern of misconduct (A). 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 (B and C).

The Applicant contends that her discharge was inequitable as the reason for separation and characterization of service do not reflect her performance and behavior after she completed Level II alcohol dependence treatment. The Applicant is advised that, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board thoroughly reviewed the Applicant's service records and found that she:
o        had an established pattern of misconduct as evidenced by three NJPs for violations of UCMJ Articles 86 Unauthorized absence (10 total specifications), 92 Failure to obey order or regulation, and 134 Breaking restriction (7 total specifications);
o        received two retention warnings on 19 990326 and 19990526;
o        violated both retention warnings as evidenced by the nonjudical punishment (NJP) she received on 19 990526 and 19990825; and
o        was notified of her command's intent to separate her, the reasons for her separation, and the rights afforded to her as part of separation processing.
The Board recognizes that the Applicant effectively made an effort to improve her performance and behavior after completion of treatment, including remaining an active participant in her alcohol abuse rehabilitation aftercare program. Unfortunately, this effort did not mitigate the established pattern of misconduct and, subsequently, her command made the decision to process her for administrative separation. The Board found that the Applicant's administrative separation was both proper and equitable. Relief on this basis is denied.

The following is provided for the edification of the Applicant. 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 Marine Corps. The NDRB is authorized 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, and certification of non-involvement with civil authorities. The
Board recognizes the state police criminal records check, college transcript/transfer equivalency report, and character references submitted by the Applicant but, at this time, sufficient documentation has not been provided for the Board to consider relief on this basis.

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 related to her 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 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

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

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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