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

ex-AMSAA, USNR
Docket No. ND00-00199

Applicant’s Request

The application for discharge review, received 991123, 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 any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000803.  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 - convicted by a civil court for offense(s) occurring during current term of military service, authority: MILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  My discharge was inequitable because the first time that I was arrested, for the same charge, I was serving in VA-83 at Cecil Field, FLA.  The commad choose not to send me to counceling or any type of intervension.  It has been over 10 yrs since my discharge, and in those years I have 6 yrs.  I have been attending college and I am going to graduate on May 2000.  I am an advate member of St. Matthews catholic church and have since re-married and am raising 2 children. I believe that the type of discharge I received will hamper my attempts at future employment and as a result my family will suffer.  I know that what I had done was wrong and I have changed my life around.  I no longer drink or engadge in any illegal activity.  Please reconsider the classification of my discharge and upgrade to Honorable.

Documentation

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

None

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: None

Period of Service Under Review:

Date of Enlistment:  850327		Date of Discharge:  890612

Length of Service (years, months, days):

	Active:    04  02  17
	Inactive:  None

Age at Entry:  19			Years Contracted:  8

Education Level:  11			AFQT:  54

Highest Rate:  AMSAN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.48 (5)	Behavior:  3.44 (5)		OTA:  3.60

Military Decorations:  None

Unit/Campaign/Service Awards:  SSDR 

Days of Unauthorized Absence:  17 

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT - Convicted by a civil court for offense(s) occurring during term of military service, authority: MILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

XXXXXX:	Retention Warning: Advised of deficiency (Per OPNAVINST 1757.2, you have been identified by the Family Advocacy Committee as having repeat incidents of spouse abuse.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.   [Undated, unsigned.  May never have been issued]

860509:	Civil Conviction: Duvall Country Court, State of Florida for violation of Battery and resisting arrest without violence.
Sentence:  Fine $150.00 and court cost.

860512:	Alcohol screen: P: 1. Fit for rehab.  2. Alcohol abuser.  3. No alcohol dependence.

860529:	Medical entry: CAAC eval (#2).

870519:	Civil Conviction: Duval County Court, State of Florida for violation of battery on spouse.
Sentence:  Fine $100.00 and court cost, 30 days NPT, 3 months unsupervised probation.

890216:	Applicant apprehended by civil authorities on charges of assault charges.

890216:	Civil Conviction: Duvall County Court, State of Florida for violation of battery on spouse.
Sentence:  60 days in jail, 3 months unsupervised probation.  Two day credit, 40 days suspended.

890306:	Applicant on unauthorized absence from HALANTISUBRON THREE from 1530, 89FEB16 until 0130, 6Mar89 (17 days/surrendered).

890307:	Memorandum from Flight Surgeon, Naval Hospital Branch Medical Clinic, NAS Jacksonville: Applicant evaluated and found to be in need of rehabilitative assistance: Level III.  Comments: This AMSAN is being admin separated from USN.  He has CO's mast pending.  In April 1986 he was found dependent and Level III ARC was recommended.  Patient states he never went to treatment.  Patient has three civilian arrest for spouse abuse with two of these alcohol related.
	He has a positive history of tolerance, blackouts, and withdrawl.  His last civilian arrest led to 20 days in jail.  AMSAN needs inpatient treatment for his dependency problems.

890307:	Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to civil conviction as evidenced by civilian conviction at Duvall County Court House, Jacksonville, FL on the charge of battery on 16 February 1989.

890307:  	Applicant advised of his rights and having consulted with counsel certified under UCMJ, Article 27B, elected to appear before an Administrative Discharge Board.

890308:	NJP for violation of UCMJ, Article 86: Unauthorized absence.
Award:  Forfeiture of 1/2 month pay for 2 months, restriction and extra duty for 30 days, reduction to AMSAA.  Forfeiture suspended for 90 days.  No indication of appeal in the record.

890327:	Commanding Officer, Naval Hospital, Jackson notified Commanding Officer, HS-3 of the applicant’s history of spouse abuse beginning in April 1986 and repeated events.  The applicant attended an alcohol abuse education program, then he and his wife received marriage counseling at the Navy Family Service Center from April through August 1986.  The Family Advocacy Case Review Committee determined the applicant has continued to demonstrate family violence and rehabilitation has failed.  Further treatment under the auspices of the Family Advocacy Program is not recommended.

890330:	Psychiatry: Imp: 1. Alcohol dependence, 2. Patholical intoxication.  Rec: Needs inpatient alcohol treatment.

890428:	An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to a civil conviction, that the misconduct warranted separation, and recommended discharge under Other Than Honorable conditions.

890505:	Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct due to civil conviction. 

890531:	CNMPC directed the applicant's discharge under Other Than Honorable conditions by reason of misconduct due to civil conviction.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 890612 under Other Than Honorable conditions for misconduct due to civil conviction (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).

In the applicant’s issue 1, the Board determined this issue is without merit.  The applicant claims he did not receive counseling or any type of intervention, he doesn’t want his discharge to hamper future employment and he has changed his life around.  The Board determined the applicant’s command did counsel him for spousal abuse, notified him of corrective actions to take and where to get assistance.  It was the applicant’s decision to heed the advice received during counseling.  He is responsible for his actions and was held accountable.  In regards to the employment and changed life issues: the Board is under no obligation to upgrade an individual’s discharge for the purpose of obtaining better employment; and the applicant did not provide any documentation to show he has changed his life and is a person of good character and conduct.  The discharge was proper and equitable.  Relief denied.

Pertinent Regulation/Law (at time of discharge)

A.  The 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.

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 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