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

ex-MM3, USN
Docket No. ND00-00183
 
Applicant’s Request

The application for discharge review, received 991115, requested that the characterization of service on the discharge be changed to General/Under Honorable Conditions.  The applicant requested a personal appearance before the board in the Washington National Capital Region.  The applicant listed the American Legion as his representative on the DD Form 293.  The Board, having initially screened the applicant’s records in preparation for the hearing, found the character of discharge warrants an upgrade to General/Under Honorable Conditions.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000614 in lieu of a personal appearance hearing.  The NDRB determined the characterization of the applicant’s service was inequitable.  The Board's vote was 3 to 2 that the character of discharge shall change to: GENERAL/ Under Honorable Conditions/ Misconduct; authority: NAVMILPERSMAN, Article 3630600. 

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

None at this time

Documentation

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

Copy of certificate of death
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	840915 - 840924	COG

Period of Service Under Review:

Date of Enlistment:  840925		Date of Discharge:  900914

Length of Service (years, months, days):

	Active:    05  11  20
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 (24 months extension)

Education Level:  12			AFQT:  82

Highest Rate:  MM2 (SS)

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.73 (6)	Behavior:  3.47 (6)		OTA:  3.63

Military Decorations:  None

Unit/Campaign/Service Awards:  SDPI with 1 Silver Star, SSDR with 2 Bronze Stars

Days of Unauthorized Absence:  None 

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:

880104:	NJP for violation of UCMJ, Article 86: Absent without leave.
	Award:  Forfeiture of $200 per month for 2 months, restriction for 14 days, reduction to MM3.  No indication of appeal in the record.

880104:	Retention Warning: Advised of deficiency (Alcohol related incident dated 6 October 1987 and 2 January 1988 resulting in you being placed on report for violation of Article 86: Absent without leave.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

880531:	Former service member enrolled in Counseling and Assistance Center Level II treatment.

880607:	Medical Entry: Impression: Not dependent.  Disposition: Level II (pt currently attending), AA, no antabuse, recommend no lenience if pt has any further ETOH related incidents.  Pt educated.

880616:	Former service member completed Level II treatment.  Former service member was cooperative and participated to the minimum acceptable standards in the program.  He displayed minimal progress in gaining insight into his personal issues and alcohol related problems.  His aftercare program should consist of monthly meetings with the Command DAPA for a period of one year.

880925:	Former service member's agreement to extended enlistment for 24 months made operative.

891219:	Former service member was evaluated by a CAAC at the request of Command DAPA following his arrest for DWI off-base.  His disclosed use is believed to be greatly minimized.  A review of his records revealed a history of outstanding work performance, completion of NADSAP in October 1987, and completion of a CAAC Level II program in June 1988 following his second alcohol related incident.  His medical record revealed a third alcohol related incident requiring emergency room treatment for ingestion of foreign materials (several quarters) while under the influence of alcohol.  This DWI constitutes his fourth alcohol related incident.  It is our opinion that he is psychologically dependent on alcohol.  Recommend administrative separation and offered inpatient treatment at a VA treatment facility.

891221:	Former service member arrested by the Connecticut State Police in Norwich, CT.  Former service member was charged with speeding and driving under the influence.  Former service member refused to submit to a breathalyzer test and stated the if he took the test he probably would fail it.  Former service member was granted the Accelerated Rehabilitation Program by the Norwich Superior Court.  His case was continued until 8 February 1991 for disposition.

900112:	Drug/Alcohol Dependency Evaluation: Psychological dependent.  Recommendation: Member EAOS Sept 1990.  He is not going to re-enlist and it is therefore recommended that he be administratively separated and be referred to VA facility for rehabilitation.

900213:	Drug and Alcohol Abuse Report: Alcohol abuse, December 13, 1989.  CAAC and physician found applicant dependent on alcohol and recommended separate via VA hospital.  Commanding officer recommended separate via VA hospital.  Comments:  Members watch standing and in rate performance have been good; however his continued abuse of alcohol is indicative of bad judgement.  This is the third alcohol related incident for Petty Officer (former service member) and he is considered not to have potential for further naval service.  Petty Officer (former service member) is recommended for disqualification from submarines and removal of Nuclear NEC.  

900320:	Former service member disqualified for submarine duty by reason of unsuitability due to alcohol dependency.

900727:	NJP for violation of UCMJ, Article 111: Drunken or reckless driving on 13 December 1989, to wit: operate a motor vehicle while drunk.
	Award:  Restriction for 30 days, reduction to MM3.  Restriction suspended for 2 months.  No indication of appeal in the record.

900730:	Former service member notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

900731:	Former service member advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

900813:	An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the former service member had committed a serious offense, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

900815:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

900822:	CNMPC directed the former service member's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

930125:	NDRB documentary record review Docket Number ND91-02134 conducted.  Determination:  discharge proper and equitable; relief not warranted.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The former service member was discharged on 900914 under other than honorable conditions for misconduct due to commission of a serious offense (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 but inequitable (C and D).

The NDRB found that the positive aspects of the applicant’s service warranted a General/ Under Honorable Conditions discharge.  The NDRB found that the applicant’s documented misconduct, however, precluded a discharge to Honorable.  The NDRB found the reason shall remain the same.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560A), Change 8, effective 
21 Aug 89 until 14 Aug 91, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

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 Street SE Rm 309
		Washington, D.C.  20374-5023