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

 ex-FR, USN
Docket No. ND99-00631

Applicant’s Request

The application for discharge review, received 990406 requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a documentary record discharge review.  The applicant did not list a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000110.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  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 – Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  I completed an alcohol rehab program while I was in the Navy.

Documentation

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

Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

		Inactive: USNR (DEP)	860418 - 860605	COG

Period of Service Under Review:

Date of Enlistment:  860606		Date of Discharge:  890518

Length of Service (years, months, days):

	Active:    02  11  12
	Inactive:  None

Age at Entry: 20	Years Contracted:  3 

Education Level:  12			AFQT:  87

Highest Rate:  FN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.20 (3)	Behavior:  2.90 (4)		OTA:  3.00

Military Decorations:  None

Unit/Campaign/Service Awards:  Battle E, AFEM, SSDR

Days of Unauthorized Absence:  None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct - Pattern of misconduct, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

870422:	NJP for violation of UCMJ, Article 134: Incapacitation for the proper performance of duty, violation of UCMJ Article 86: Failure to go to place of appointed duty, violation of UCMJ Article 92 (2 Specs): (1) Wrongful possession of another service member’s liberty card, (2) Wrongful possession of an altered liberty card.
	Award:  Restriction and extra duty for 45 days.  No indication of appeal in the record.

871027:	Retention Warning from USS GARY (FFG 51):  Advised of deficiency (Conduct, Unauthorized absence, incapacitation for duty, and failure to obey lawful orders), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

880703:	NJP for violation of UCMJ, Article 86:  Absent without leave from 0715-1000 88062.  Violation of Article 92:  Failure to obey a lawful order.
	Award:  Forfeiture of $335 per month for 2 month(s), reduction to E-1.  Reduction in rate suspended for six months.  No indication of appeal in the record.

881213:	Vacation of suspended reduction in rate to E-1 effective this date due to further misconduct. 

890309: 	NJP for violation of UCMJ, Article 86:  Absent from place of appointed duty.  5 Specs of missing restriction muster.
Award:  Forfeiture of  on half monts pay for two months.  Restriction to the confines of the ship for 60 days.  No indication of appeal in the record.

890405:	NJP for violation of UCMJ, Article 86 (2 Specs):  Failure to go to appointed place of duty, violation of UCMJ Article 92 (4 Specs): Failure to obey a lawful order or regulation,  violation of UCMJ Article 134:  Breaking restriction,  violation of UCMJ Article 111:  Drunk driving,  Violation of UCMJ Article 134:  Drunk and disorderly.
Award:  Confinement to the Brig for three days on bread and water.  No indication of appeal in the record.

890406:	Commanding Officer USS GARY (FFG 51) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by five punishments under the UCMJ including eight serious offenses.

890406:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

890428:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and commission of a serious offense. 

890509:	CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 890518  under other than honorable conditions for misconduct due to a pattern of 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).

Regarding issue 1, the Board found the applicant’s completion of an alcohol rehabilitation program while on active duty irrelevant and non decisional.  Relief not warranted.

The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at personal appearance hearing is highly recommended.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560A, Change 6 effective 11 Jan 89  until 24 May 89), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – A PATTERN 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 obtain a copy of DoD Directive 1332.28 by writing to:

		DA Military Review Boards Agency
		Management Information and Support Directorate
		Armed Forces Reading Room
		Washington, D.C.  20310-1809

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
		Washington Navy Yard
		720 Kennon St SE Rm 309
		Washington, D.C.  20374-5023