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

 ex-AN, USN
Docket No. ND00-00051

Applicant’s Request

The application for discharge review, received 991008, requested that the characterization of service on the discharge be changed to Honorable or General/under Honorable conditions.  The applicant requested a personal appearance hearing before a traveling panel closest to New York, NY.  The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, the applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000713.  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 – Commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank. 

Documentation

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

Two eleven page statements from applicant, notarized on September 24, 1999
Copy of DD Form 214
One hundred and twenty-four pages from applicant's service and medical records
Two page statement from applicant dated November 15, 1999
Copy of marriage license
College transcript
College coursework completed prior to present school
Copy of academic awards (3)
Copy of letter of acceptance into Phi Theta Kappa
Two personal reference letters
Copies of CPR, Lifeguard, First Aid and Safety Certifications
Copy of current and past earnings statement
Letter confirming work as a math tutor
Letter confirming volunteer work

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	891128 - 900101	COG

Period of Service Under Review:

Date of Enlistment:  900102		Date of Discharge:  921023

Length of Service (years, months, days):

	Active:    02  09  22
	Inactive:  None

Age at Entry:  20			Years Contracted:  4 (12 month extension)

Education Level:  12	 GED		AFQT:  63

Highest Rate:  ACAN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.67 (3)	Behavior:  3.67 (3)		OTA:  3.80

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, KLM

Days of Unauthorized Absence:  8 

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT– Commission of a serious offense, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

900103:	Applicant briefed on Navy's policy on drug and alcohol abuse.

900524:	NJP for violation of UCMJ, Article 86 (2 specs): (1) Unauthorized absence from appointed place of duty from 1900 until 2100 on 24Apr90, (2) Unauthorized absence from appointed place of duty on 0630 until 0940, 25Apr90.
	Award:  Extra duty for 7 days.  No indication of appeal in the record.

900524:	Retention Warning: Advised of deficiency (Violation Article 86: Applicant was unauthorized absence from 1900 until 2100 on 24Apr90, Spec 2: applicant was unauthorized absence from 0630 until 0940 on 25Apr90.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 
	
900629:	NJP for violation of UCMJ, Article 86: Unauthorized absence from appointed place of duty from 0700 to 1300, 4Jun90; violation of the UCMJ, Article 134: Drunkenness - incapacitation for performance of duties through prior wrongful indulgence in intoxicating liquor or any drug, by being incapacitated for the proper performance of his duties on 6Jun90.
	Award:  Correctional custody for 7 days.  No indication of appeal in the record.

911024:	Medical: Applicant seen and evaluated for self-referral from DAPA for ETOH abuse/dependence.  A: Alcohol abuse.  P: Level II treatment recommended.

911125:	Medical: Applicant reinterviewed and still concluded applicant is abusive of ETOH not dependent at this time.  Recommend Level II treatment, however if spot available for Level III treatment and applicant's case expedited by placing in Level III program that is also satisfactory.

911211:	NJP for violation of UCMJ, Article 86: Unauthorized absence from unit from 0630, 1Dec91 to 1350, 2Dec91 (1 day/surrendered).
	Award:  Forfeiture of $150 per month for 1 month, restriction and extra duty for 15 days.  No indication of appeal in the record.

920109:	Drug and Alcohol Abuse Report: Alcohol abuse, one to three times a week, ashore off duty, self referral/disclosure, December 12, 1991.  CAAC found applicant dependent and recommends Level III treatment.  Physician found applicant not dependent and recommends Level II treatment.  Commanding officer recommends retention and Level II treatment.

920204:	NJP for violation of UCMJ, Article 86: Unauthorized absence from unit on 1Dec91.  Extracted from CO’s message, dated 071235Z AUG 92.  Message shows reduction to AR.
	Award:  Forfeiture of $150 per month for 1 month, restriction and extra duty for 15 days.  No indication of appeal in the record.
920221:	Competence for duty: Return to full duty.

920312:	NJP for violation of UCMJ, Article 86 (2 specs) (1) Unauthorized absence 0603-0845, 18Feb92, (2) Unauthorized absence 0700-0754, 2Mar92. 
	Award:  Forfeiture of $200 per month for 1 month, restriction and extra duty for 35 days.  No indication of appeal in the record.

920315:	Retention Warning: Advised of deficiency (Identified as an alcohol abuser and/or alcohol dependent by the ship's DAPA or CAAC counselor.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 
	
920430:	Competence for duty: Not fit for duty.  Released to escort.  Remarks: Applicant is likely dependent on ETOH - has developed a high tolerance and can't stop drinking.  This is not a first competency for duty.  Recommend ARC Level III.

920511:	Medical: P: Recommend Level III treatment at ARC if retained or with a VA facility.

920617:	NJP for violation of UCMJ, Article 86: Unauthorized absence 1Jun92 to 9Jun92 (8 days), violation of UCMJ Article 134: Incapacitated for duty on 30Apr92.
	Award:  Forfeiture of $200 per month for 2 months, restriction and extra duty for 30 days.  No indication of appeal in the record.

920717:	Competence for duty:  Not competent for duty.  Remarks: Applicant diagnosed as alcohol dependent.  Awaiting Level III treatment either VA or ARC depending on disposition of applicant.  Applicant admits to feeling the affects of alcohol at this time.

920717:	NJP for violation of UCMJ, Article 86: Missing 21 restricted men's musters, violation of UCMJ, Article 91: Disrespect and deportment in language to a commissioned officer, violation of UCMJ, Article 134: Incapacitated for duty.  
	Award:  Forfeiture of $150 per month for 1 month, confinement on bread and water for 3 days, reduction to ACAA.  No indication of appeal in the record.

920721:	Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to the Commission of a serious offense.

920721:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.  Extracted from hand written note on the CO's message, dated 071235Z AUG 92.

920803:	Civil Conviction: Norfolk Virginia General District Court for violation of driving under influence.
Sentence:  No further information in service record.

920807:	Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct due to a Pattern of Misconduct, due to Civilian DUI charges and alcohol rehabilitation failure of Level II treatment the Commission of a Serious Offense. Commanding Officer's comments: SNM failed Level II treatment by engaging in alcohol related incident while in treatment.  All misconduct has been a result of alcohol abuse.  SNM has requested treatment via the VA which the command DAPA has requested.  I recommend SNM be separated

920824:	BUPERS message to USS NASSAU re LON and SOA dates.

920902:	Hand written note on CO's message dated 7Aug92: Re SOA signed 21Jul92 vice 5Feb92.  LON reason for processing is serious, pattern and rehab failure, civilian DUI dated 3Aug92.  Applicant pled guilty.

920909:	BUPERS directed the applicant's discharge under Other Than Honorable conditions by reason of misconduct due to the Commission of a Serious Offense.

921016:	Separation physical: Recommendation: After care Level III at VA.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 921023 under Other Than Honorable conditions for misconduct due to Commission of a Serious Offense (A and B).  The Board presumed regularity in the conduct of governmental affairs (C).  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 (D and E).

The applicant introduced no decisional issues for consideration by the Board.

The NDRB reviewed the applicant’s record for propriety (did the Navy follow its own rules in processing the applicant for discharge) and equity (did the applicant receive a discharge characterization in keeping with Navy guidance or was the characterization typical of other service members being separated for the same reason), and determined the applicant’s discharge was proper and equitable.  The NDRB has the authority to grant clemency to former military members, based on post-service conduct, provided there is sufficient documentation to support their claim of good character and conduct.  The applicant has provided documentation that shows he is involved in post-service activities that will establish his reputation of good character and conduct.  However, his record is devoid of documentation to prove that he is no longer alcohol dependent, that he continues to participate in Alcoholics Anonymous (AA) meetings (or other rehabilitation organization), and does not have a criminal record with civilian authorities. Therefore, relief is denied.

It is highly recommended that the applicant apply to the NDRB for a personal appearance hearing to discuss his case further.  It is recommended that he bring documentation to show that he has not been involved with civilian authorities, attends AA meetings (or other rehabilitation forum) and is no longer alcohol dependent.  He remains eligible for a personal appearance hearing provided an application is received at the NDRB within fifteen years from the date of his discharge.  Legal counsel is not required but recommended, at the hearing.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 
04 Mar 93, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

B.  Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 91, Insubordinate conduct toward a warrant, noncommissioned, petty officer, if adjudged at a Special or General Court-Martial.

C.  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.  

D.  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.

E.  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 view DoD Directive 1332.28 and other Decisional Documents by going online at "afls14.jag.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:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE RM 309
		Washington Navy Yard DC  20374-5023