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NAVY | DRB | 2005_Navy | ND0500769
Original file (ND0500769.rtf) Auto-classification: Denied


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


 FOR OFFICIAL USE ONLY

ex-SKSR, USN
Docket No. ND05-00769

Applicant’s Request
The application for discharge review was received on 20050328. The Applicant requests the Discharge 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 designate a representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20050908. 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 by reason of misconduct due to commission of a serious offense.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
Applicant’s issues, as stated on the application:

“Because, at the time of my service, I was suffering from the disease of alcoholism since age 15. Since my discharge, I committed myself to treatment and now been sober for 5 years.”
Issues as addressed to BCNR:

“To whom it may concern: First of all, I want to say that I am very thankful of the opportunity to have serve in the Navy and for Navy having to put up with my foolishness. I regret that I didn’t represent our armed forces in the manner for the pride and integrity for what it stands. I am ashamed and disappointed of my tenure and I do apologize.
With that said, I can’t do anything about the past, but the present and future and that is why I am writing this letter in-regards to my Discharge Upgrade. I am enclosing some of awards and accomplishments while I was in the Navy and discharge from the Navy to hopefully demonstrate my worthiness of this honor, it is with this honor that I hope the Board of Correction of Military Records will review these awards and accomplishments.
As my military records reflect, the reason of my discharge was due to a series of unauthorized absence due to my bout with alcohol. Since my discharge, I immediately went to work on this problem which has pledge me for 25 years of my life by checking into a 6-month in-patient program, dating from: 6-98 to 12-98 and from: 11-99 to 2000, overall spending 1-year in alcohol rehabilitation to indicate seriousness of my problem. Since my commitment and completion of the program, I am approaching 5-years of sobriety to validate that point is a letter from the owner/manager of the sober living facility at which I have been living. As you can see, I have made the most of my time after being discharge from the Navy and it is my goal to continue in this quest.
I would appreciate the careful consideration of this matter and again thankful for opportunity to have served the United States Navy, thank you very much,

D_ H_
[signed Applicant]

P.S. If had to do all over again with alcohol behind me now, I would hesitate.”


 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Reference ltr from F_ B_, Owner/Manager Unity House, dtd August 30, 2004
Commanding Officer’s Recommendation for Administrative Separation message dtg 110514Z May 98
Command Drug Alcohol Program Advisor’s Alcohol Aftercare Treatment Failure/Administrative Separation Recommendation Brief dtd November 6, 1997 (2)
Good Conduct Award certificate for service completed September 21, 1997
Certificate of Merit, undtd
Letter of Appreciation dtd December 17, 1997
Certificate of Completion from the Board of Directors of Transition House dtd December 15, 1998
Certificate of Completion from Transition-House Ministry dtd June 10, 2000
Certificate of Completion dtd June 5, 1999
Certificate of Appreciation dtd March 2, 2004
Certificate of Completion dtd August 24, 2004
Certificate of Achievement dtd April 30, 2000
Certificate of Appreciation for the November 2, 2004
Ltr from Transition House Director, R_ S_ dtd December 12, 1998

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: 19940909             Date of Discharge: 19980610

 Length of Service (years, months, days):

         Active: 03 08 02
         Inactive: 00 00 13

 Time Lost During This Period (days):
         Unauthorized absence: 15 days
         Confinement:              none

 Age at Entry: 33

 Years Contracted: 8

Education Level: 12                                 AFQT: 35

 Highest Rate: SN

 Final Enlisted Performance Evaluation :

 Performance: 3.0                  Behavior: 2.0             OTA: 2 .17
[Extracted from Commanding Officer’s message dtd 19980511]

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal, Sea Service Ribbon, Good Conduct Award.


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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MILPERSMAN, Article 1910-142.
Chronological Listing of Significant Service Events :

940908:  Pre-service waiver for Driving Under the Influence approved.
         
940922:  Commenced active duty for a period of 24 months.
960719:  Applicant in unauthorized absence from 0700 to 1400 19 July 1996.

970131:  Applicant to unauthorized absence.

970202:  Applicant from unauthorized absence.

 970311:  Applicant completed intensive outpatient treatment Level III. [Extracted from Command Drug Alcohol Program Advisor ltr dtd 971106]
970405:  Applicant signed Aftercare Treatment Plan. [Extracted from Command Drug Alcohol Program Advisor ltr dtd 971106]
970415:  Applicant to unauthorized absence at 0715 15 April 1997.

970416:  Applicant from unauthorized absence at 0715 16 April 1997.

970421:  Applicant in unauthorized absence from 0715 to 1600 21 April 1997.

 970810:  Applicant in unauthorized absence from 0700 to 1200 10 August 1997.

 971001:  Applicant to unauthorized absence.
971001:  Applicant missed sailing of vessel from San Diego, CA.

971008:  SARD, USS ABRAHAM LINCOLN (CVN 72), indicates SKSN H_ (Applicant) failed to report to the SARD for aftercare group counseling session at 1300.

971009:  SARD, USS ABRAHAM LINCOLN (CVN 72), indicates SKSN H_ (Applicant) failed to report to the SARD for aftercare group counseling session at 1300.

971010:  SARD, USS ABRAHAM LINCOLN (CVN 72), indicates SKSN H_ (Applicant) failed to report to the SARD for aftercare group counseling session at 1300.

971013:  Applicant from unauthorized absence.
971106:  Applicant is considered a Rehabilitation Failure and is viewed as having no potential for future naval service. [Extracted from Command Drug Alcohol Program Advisor ltr dtd 971106]

971114:  Summary Court-Martial.
         Violation of the UCMJ, Article 86, UA from unit 97OCT01 until on or about 97OCT07.
 Violation of the UCMJ, Article 87, Miss ship’s movement on or about 97OCT01.
         Finding: Not found in record.
          Sentence: 50 days restriction, reduced to E-2.
         CA action 971119: Sentence approved and ordered executed.
        
980422:  NJP for violation of UCMJ, Article 86: Unauthorized absence (3 Specs).
 Violation of UCMJ, Article 134: Incapacitated for duty.
         Award: Forfeiture of $463 per month for 2 months (suspend 1 month for 6 months), restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.

980427:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of misconduct due to commission of a serious offense and alcohol abuse rehabilitation failure as evidenced by all punishments under the UCMJ in your current enlistment.
980427:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.
980511:  Commanding Officer, USS ABRAHAM LINCOLN, recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and alcohol rehabilitation failure. Commanding Officer’s comments: “SR H_ (Applicant) is incapable of adhering to the rules and regulations of the Navy and this command. He is simply unwilling to conduct himself in a manner conducive to good order and discipline. SR H_ (Applicant) also failed to follow a directed aftercare program. He has no potential for further naval service. Due to SR H_’s (Applicant’s) misconduct due to commission of a serious offense and alcohol rehabilitation failure, I strongly recommend that he be separated from the naval service with an other than honorable discharge.”

980528:  COMCRUDESGRU THREE, directed the Applicant's discharge under other than honorable conditions by reason of misconduct commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19980610 by reason of misconduct due to commission of a serious offense (A and B) with a service characterization of under other than honorable conditions. 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). The Board presumed regularity in the conduct of governmental affairs (E).

 When the service of a member of the 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 nonjudicial punishment proceedings and a summary court-martial conviction for violations of Articles 86, 87 and 134 of the UCMJ. The Applicant committed at least six violations of Article 86 and his violation of Article 87 is considered the commission of a serious offense. The Applicant signed an Aftercare Treatment Plan on 19970405 and was subsequently considered a failure as a result of missing three aftercare group counselings. The Applicant’s frequent misconduct is considered a violation of the special consideration given to the Applicant during his enlistment process evidenced by the Applicant’s enlistment waiver for driving under the influence. 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.

Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. 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 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. While the Board was impressed with the Applicant’s accomplishments in battling his alcoholism and his years of sobriety, the Applicant’s efforts need to be more encompassing. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided sufficient post-service documentation for the Board to consider. Relief denied.

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), Change 18, effective
12 Dec 97 until 29 March 2000, Article 1910-142 [formerly 3630605]. SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE .
B. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 87, missing movement.

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 .

E. 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.

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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