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NAVY | DRB | 2006_Navy | ND0600095
Original file (ND0600095.rtf) Auto-classification: Denied


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


 FOR OFFICIAL USE ONLY

ex- AN, USNR
Docket No. ND06-00095

Applicant’s Request
The application for discharge review was received on 20051017. 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 20060726. 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) 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:

“I am Requesting an upgrade to Honorable Because I want to go Back to school (college), Because I work very Hard & sometimes I put over 80 hours a week to give my family all They deserve. I wish the best for my wife & my son 5 years old. I love them with all my heart and that’s why I want to make more money to give them more, that’s why I don’t drink any alcohol no more. I send certificates & letter of Recommendations. I am aware that my civilian Life might not have any effect on my military Background but it does cause I work 16 hours a day and tell them is easy because I use the military train me to do so. I regret that I was separate from the military cause of alcohol incidents. And I had 23 days Left for separation, When I was separated I sold About 45 Days . Please help me make my Dreams come true of becoming a Register Nurse Practioner. Thank you for your time & Attention. I never mention that I paid 1200 for my G.iBill & I want to use it toward colleg. Thank you.”

 Applicant’s Remarks: (Taken from the DD Form 293.)

“I regretted with all my heart the pain Alcohol brought to my life & I am responsible for my acts & my actions But the love I have for my wife & son make me quit drinking Alcohol (Beer) & I want to Better myself By going Back To College. I know I am 31 year old now But I also know is never too late to better yourself. (Myself.) Thank you.”

 Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (2)
Travel Certificate, Separation without orders, dtd July 13, 1998
Letter to Applicant from R_ L_, Associate Vice President, Enrollment Services of Pikes Peak Community College, dtd September 14, 2005
Student Report from Pikes Peak Community College, dtd September 30, 2005
Certificate of requirements for certified Pharmacy technician, dtd March 31, 2005
Character Reference ltr from D_ H_, Service Manager, dtd July 2, 2003
Character Reference ltr from G_ H. E_, dtd July 17, 2003
American Heart Association, Heartsaver First Aid card, dtd December 15, 2004
American Heart Association, Healthcare Provider card, dtd December 09, 2004
Letter from Applicant, dtd November 03, 2005
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: 19950223             Date of Discharge: 19980720

 Length of Service (years, months, days):

         Active: 02 11 07
         Inactive: 00 05 21

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

 Age at Entry: 20

 Years Contracted: 8

 Education Level: 12                                 AFQT: 37

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NA*                                    Behavior: NA*             OTA: NA*

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal, Armed Forces Expeditionary Medal, Sea Service Deployment Ribbon
* Not Available


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

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

950814:  Applicant commences active duty.

970221:  Applicant completed outpatient treatment. [Extracted from Command Drug and Alcohol Program Advisor’s letter dated 980602.]
970504:  NJP for violation of UCMJ, Article 90: Disobeying a lawful order from a superior commissioned officer by drinking alcohol while on Class A Liberty Risk. No further information found in service record. [Extracted from Commanding Officer’s letter dated 980804.]

9705XX:  Retention Warning: No further information found in service record. [Extracted from Commanding Officer’s letter dated 980804.]

970513:  Medical entry from D. E. S_, Capt, MC, USNR(FS): Applicant recently completed Level II for ETOH abuse (21Feb97). On 4 May, he had an ETOH related incident. Assessment: ETOH dependent. Plan: Attend daily AA meetings, get a sponsor. Reeval need for Level III IOP treatment at end of deployment. Escorted liberty. Applicant appears motivated.

 980504:  Applicant found qualified for separation.

980602:  Command Drug and Alcohol Program Advisor: Applicant has incurred a subsequent alcohol related incident. Applicant found passed out on the fourth floor deck of building 885(BEQ). Breathalyzer at 0242 was .138% and at 0251 was .146%. DAPA record shows that he was to have been administratively separated back in May 97 based on an incident that occurred on 970504 for which a BAL of 252.1 was obtained during a fitness for duty exam. Applicant is considered to be a rehabilitation failure for the second time. Recommend Applicant be considered for administrative separation from the Navy.


980623:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of misconduct-commission of a serious offense and alcohol abuse rehabilitation failure.
980623:  Applicant advised of rights and having consulted with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
980708:  Commanding Officer, USS CONSTELLATION (CV 64) directed the Applicant's discharge with a general (under honorable conditions) by reason of misconduct-commission of a serious offense.

980804:  Commanding Officer, USS CONSTELLATION (CV 64) notified Chief of Naval Personnel (PERS 83) Applicant discharged with a general (under honorable conditions) by reason of misconduct - commission of a serious offense and alcohol abuse rehabilitation failure. Commanding Officer’s comments: AN M_(Applicant)’s behavior was contrary to good order and discipline and was indicative of his disregard for rules and regulations and in light of his alcohol rehabilitation failure, I determined that separation was in the best interest of all concerned. AN M_(Applicant)’s service record was inadvertently mailed without copies of his NAVPERS 1070/613 for his 4 May 1997 nonjudicial punishment and NAVPERS 1070/604 being made. AN M_(Applicant) was separated on 20 July 1998 for Misconduct-Commission of a Serious Offense and he received a General discharge.

*Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19980720 by reason of misconduct due to commission of a serious offense (A and B) with a service characterization of general (under honorable conditions). After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

The Applicant requests an upgrade of his discharge characterization to honorable.
 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. A general 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. One retention warning and one nonjudicial punishment proceeding for violations of UCMJ Article 90: (Disobeying a lawful order from a superior commissioned officer) marred the Applicant’s service. Further, t he service records that the Board reviewed showed that the Applicant was enrolled in and completed Level II outpatient treatment for ETOH abuse (19970207). Subsequent to this treatment the Applicant incurred another alcohol related incident, which violated a previous retention warning. T he 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.

The Applicant requests an upgrade to honorable so he can utilize his G.I. bill to accomplish his educational goals and vocational dream of becoming a registered nurse practitioner. The Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. Additionally, 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.

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 service. 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. After a complete review of the entire record, including the evidence submitted by the Applicant, the Board determined that the discharge was appropriate and that the evidence of post-service conduct was found not to mitigate the conduct, which precipitated the discharge. 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. The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this 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 90 (Disobeying a lawful order from a superior commissioned officer).

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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