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

ex-OSSN, USN
Docket No. ND01-00130

Applicant’s Request

The application for discharge review, received 001108, 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 010503.  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, 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:

Statement from applicant
Copy of DD Form 214
Eight pages from applicant's service record
Copy of Letter of Commendation dated January 11, 1993
Copy of Letter of Commendation dated October 29, 1992
Copy of Letter of Commendation dated July 6, 1992
Copy of Letter of Commendation dated February 13, 1992
Copy of Letter of Commendation dated November 20, 1991
Copy of Letter of Commendation dated August 30, 1991
Copy of Navy Achievement Medal
Copy of Good Conduct Award dated January 27, 1990
Copy of certificate of Award of Honor dated May 12, 1993
Copy of certificate of appreciation June 1, 1992
Copy of certificate of appreciation March 16, 1992
Copy of certificate of appreciation
Copy of certificate of achievement dated June 1, 1989
Copy of letter of commendation dated July 20, 1993
Copy of letter of commendation for 1 January 1993 to 31 March 1993

PART II - SUMMARY OF SERVICE

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

	Active:   USN			800912 - 801016	HON
		   USN			860127 - 891004	HON
	Inactive: USNR (DEP)	800829 - 800911	COG
		   USNR (DEP)	860116 - 860126	COG

Period of Service Under Review:

Date of Enlistment:  891005		Date of Discharge:  940328

Length of Service (years, months, days):

	Active:    04  05  24
	Inactive:  None

Age at Entry:   27			Years Contracted:  6

Education Level:  9 GED		AFQT:  81

Highest Rate:  0S2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.90 (4)	Behavior:  3.90 (4)		OTA:  3.90

Military Decorations:  None

Unit/Campaign/Service Awards:  GCM, SSDR, MUC, BER, NAM, Letter of Commendation (8th Gold Wreath), NDSM

Days of Unauthorized Absence:  None

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

931126:	NJP for violation of UCMJ, Article 91: Disrespect to a superior commissioned officer, violation of UCMJ, Article 92: Failure to obey a lawful order, violation of UCMJ, Article 134: Disorderly conduct - drunkenness.
	Award: Forfeiture of $685 per month for 2 months, reduction to OS3.  Reduction suspended for 6 months.  No indication of appeal in the record.  [Extracted from CO's letter dated 9 March 1994.]

940301:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and alcohol rehabilitation failure.

940301:  	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.

940309:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and alcohol rehabilitation failure.  Commanding officer’s comments (verbatim): Petty Officer (applicant's) performance has been deteriorating considerably over the past year, both professionally and in general military bearing.  Petty Officer (applicant) completed Level III Alcohol Rehabilitation Treatment in December 1990 at Alcohol Rehabilitation Center, Naval Air Station, Jacksonville, Florida, after being medically diagnosed as being alcohol dependent.  At present OS2 (applicant's) medical record cannot be produced as the member states he lost it.  Petty Officer (applicant) denies that he has an alcohol problem despite the steady decline in his military and professional performance.  He was scheduled to attend a CAAC screening on 3 February 1994 which he failed to attend.  In view of Petty Officer (applicant's) continued alcohol abuse and his violations of the UCMJ, recommend he be discharged from the Naval service with the character of discharge that his service record warrants.

940321:	BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

940324:	Applicant declined drug rehabilitation treatment at VA prior to discharge.

PART III – RATIONALE FOR DECISION AND PERTINENT 
REGULATION/LAW

Discussion

The applicant was discharged on 940328 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 and equitable (C and D).

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

The following is provided for the applicant’s edification. The Board was impressed with the applicant’s accomplishments while in the Navy, however, the Board needs to have documentation of what the applicant has done to better his life since his discharge. 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 (E).  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 any 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.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 5, effective 
05 Mar 93 until 21 Jul 94, 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 92, failure to obey a lawful order, 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