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

 ex-DK3, USN
Docket No. ND00-00898

Applicant’s Request

The application for discharge review, received 000714, 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 010125.  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 HONORABLE CONDITIONS(GENERAL)/Misconduct - Convicted by a civil court for offense(s) occurring during current term of military service , authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  I really don’t' have any other issues for you to consider.  If you could review my record and understand that I was a foolish young man at that time.  I think and hope that you will find it in your heart to upgrade my release from active duty to honorable.  I am an active member of a V.F.W in my area, I fully support other veterans and cherish the memories of my naval service.  If I could do it again I would, and would have done even better. 

Documentation

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

Copies of DD Form 214 (2)
Letter from Applicant
Employment Reference Letters (2)
Copy of Continuing Education Certificate
Copy of Certificate of Completion (Intro to Micro-Computer)
Letters of Recommendation (2)
Copy of Honorable Discharge Certificate
Copy of Certificate of Reenlistment
Copy of Letter of Commendation
Letter from Applicant

PART II - SUMMARY OF SERVICE

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

	Active:   USN 		870715 - 901225	HON
	Inactive: USNR (DEP)	870602 - 870714	COG

Period of Service Under Review:

Date of Enlistment:  901226		Date of Discharge:  911009

Length of Service (years, months, days):

	Active:    00  09  13
	Inactive:  None

Age at Entry:  19			Years Contracted:  3 (3 months extension)

Education Level:  12			AFQT:  54

Highest Rate:  DK3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.53 (3)	Behavior:  3.20 (3)		OTA:  3.53

Military Decorations:  None

Unit/Campaign/Service Awards:  ESWS, GCA, NDSM, Navy Expert Pistol Shot Medal 

Days of Unauthorized Absence:  None 

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

UNDER HONORABLE CONDITIONS (GENERAL)/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:

901226:	Reenlisted at PSD LCREEK for 3 years.

910101:	Civil Conviction for DUI and subsequently convicted, therefore he was evaluated and referred to CAAC, Level II for alcohol treatment.

910116:	Retention Warning:  Advised of deficiency (Substandard performance ICO alcohol abuse.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

910613:	Retention Warning:  Advised of deficiency (Three incidents of documented tardiness; one incident of not responding to a page; strong evidence of alcohol abuse and other personal problems that you have consistently denied and have yet to address appropriately), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

910805:	Assigned to CAAC Level II Counseling.
 
910820:	Termination from CAAC Level II Counseling due to non compliance and failure to examine his destructive relationship with alcohol.

910829:	Psychological evaluation indicates applicant was diagnosed as a alcohol abuser by history, no evidence of ETOH dependence, Marital Problems, Personality Disorder, NOS, Immature features, also meets criteria to be considered a rehabilitation failure as defined by OPNAVINST 5350.4B.

910925:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to civil conviction (DUI) and alcohol abuse rehabilitation failure.

910925:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

910927:	Commander, Naval Special Warfare Development Group recommended discharge under other than honorable conditions by reason of misconduct due to civil conviction (DUI) and alcohol abuse rehabilitation failure. 

911004:	BUPERS directed the applicant's discharge under honorable conditions (general) by reason of misconduct due to civil conviction.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 911009 under honorable conditions (general) 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 found that the applicant’s age, education level, and test scores qualified him for enlistment.  While he may feel that his youth was a factor that contributed to his action, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service.  The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions.

There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service.  However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D).  Those factors include, but are not limited to, the following:  evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct.  At this time, the applicant has not provided sufficient documentation of good character and conduct.  Therefore no relief will be granted.  The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge.

Pertinent Regulation/Law (at time of discharge)

A.  The Naval Military Personnel Manual, (NAVPERS 15560C, effective 15 Aug 91 until 04 Mar 93), 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