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

ex-ET3, USN
Docket No. ND01-00220

Applicant’s Request

The application for discharge review, received 001215, 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 010808.  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/ PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  I am summiting this form in hopes of having my discharge changed to honorable. The reason for my O.T.H. discharge was alcohol related.  I would like to explain the circumstances leading up to my discharge.  My wife and I divorced the previous year and I had a difficult time accepting that.  I started drinking alot and it got me in trouble.  Before our separation, I was a model sailor.  I was honor recruit in bootcamp.  I can't think of one hit I took in a personell inspection.  I maintained an 87 average through tech core, and never failed a test throughout my Navy schooling until we separated.  Although I know I made same bad choices in dealing with my divorce, I cannot change those mistakes.  All I can do is learn from them and I feel as though I have.  I would like to go to school and get a good job to support myself and my family.  With an honorable discharge my chances of getting a good job are lot better.  Thank you for your time.

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: USNR (DEP)	961030 - 961120	COG

Period of Service Under Review:

Date of Enlistment:  961121		Date of Discharge:  991124

Length of Service (years, months, days):

	Active:    03  00  10
	Inactive:  None

Age at Entry:  21			Years Contracted:  4

Education Level:  11			AFQT:  60

Highest Rate:  ET3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  4.00 (2)	Behavior:  2.00 (2)		OTA:  2.93

Military Decorations:  None

Unit/Campaign/Service Awards:  NER

Days of Unauthorized Absence:  None

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

UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority:  NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

Chronological Listing of Significant Service Events:

971110:	Mental Health Clinic: Diagnostic Impression:  Axis I: Alcohol abuse; partner relational problem, Axis IV: spousal separation, pending divorce.

971203:	NJP for violation of UCMJ, Article 111: Driving under the influence.
	Award: Forfeiture of $524 per month for 1 month, restriction and extra duty for 30 days, reduction to SA.  Reduction suspended for 6 months.  No indication of appeal in the record.

971203:	Retention Warning:  Advised of deficiency (Driving under the influence.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

980218:	Applicant evaluated as an alcohol abuser.

980219:	Applicant accepted Level III rehabilitation treatment for alcohol.

980330:	Applicant completed Level III treatment.

981125:	Counseling:  Advised of deficiency (Unauthorized absence from appointed place of duty 0500-0550, 25Nov98.), notified of corrective actions and assistance available.

981218:	Counseling:  Advised of deficiency (personal behavior.), notified of corrective actions and assistance available.

990131:	Competency for duty examination:  No evidence of clinical intoxication.  Return to full duty.

990131:	Counseling:  Advised of deficiency (Unauthorized absence from appointed of place of duty on 30Jan99 from 0430 until 0600.  Unauthorized absence from appointed place of duty from 1715, 30Jan99 to 0720, 31Jan99.  Unauthorized absence from appointed place of duty from 0615 until 1045, 30Jan99.  Failure to check out with supervisor or duty watch captain, applicant decided to go hit the rack.), notified of corrective actions and assistance available.

990304:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 0500-0600, 31Jan99.
	Award: Forfeiture of $300 per month for 2 months, restriction and extra duty for 15 days.  Suspended for 6 months.  No indication of appeal in the record.

990310:	Substance Abuse Screening: Applicant diagnosed as alcohol dependent.  Recommend aftercare/relapse prevention.

990715:	Competency for duty evaluation:  Unfit to perform duty.  Applicant will be SIQ and recommend repeat breathalyzer 1600.

990715:	Incident Report:  On night of 14Jul99, applicant returned to the ship under the influence of alcohol and urinated on the air berthing deck.  On morning of 15Jul99 he was to report to St. Julaians Creek for training.  A competency for duty was performed.  He was found unfit for duty and intoxicated, BAC .117 at 1000.

991020:	NJP for violation of UCMJ, Article 134 (2 specs): Disorderly conduct, drunkenness.
	Award: Forfeiture $300 per month for 2 months, restriction and extra duty for 30 days.

991110:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of alcohol rehabilitation failure, misconduct due to commission of a serious offense and a pattern of misconduct.

991110:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

991119:	NJP for violation of UCMJ, Article 86: Unauthorized absence 0720 to 0900, 19Nov99.
	Award: Restriction for 11 days.  No indication of appeal in the record.

991122:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct, commission of a serious offense and alcohol rehabilitation failure.  Commanding officer’s comments (verbatim): Commanding Officer's comments: Enclosures (1) through (9) are forwarded for your review.  ET3 (applicant) went to CO's NJP (Service School Command, Great Lakes) in December 97, for driving under the influence.  Since that time, ET3 (applicant) was offered, accepted and successfully completed Level III Alcohol Treatment in March 98', validated in enclosure (6).  Since his report aboard, he has had numerous counseling chits for his tardiness and leaving his appointed place of duty.  On two separate occasions, ET3 (applicant) was taken to medical for a Competence for Duty examination after showing up to work late with a strong odor of alcohol on his breath.  On 31 January, ET3 (applicant) was found fit and returned to full duty.  However, on 15 July, he was found unfit to perform his duties and was placed SIQ, validated in enclosure (4).
The command DAPA and his chain of command made sure ET3 (applicant) attended all of his weekly aftercare meetings and any additional meetings he requested to attend on the weekend to prevent relapse.  Additionally, on 19 November, ET3 (applicant) reported to work 2 hours late with a strong smell of alcohol on his breath.  He was immediately placed on report and brought before me at Captain's Mast.
His continued misconduct and inability to adhere to the guidelines set forth in the Navy and this command, are not conducive to good order and discipline and will not be tolerated
ET3 (applicant) signed his acknowledgment letter and waived his right to a minimum of two working days to respond to the Administrative Board Procedure letter.  Additionally, he waived his right to present his case before an administrative board.
After careful review of ET3 (applicant's) records and based on the serious nature of the offenses, it is my belief that he has no further potential for continued naval service.
Based upon the above, I recommend ET3 (applicant) be discharged from the Naval service with an Other Than Honorable discharge.

991130:	Commander, Amphibious Group TWO directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 991124 under other than honorable conditions for misconduct due to a pattern of misconduct (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 has no obligation to change the applicant’s discharge in order to allow him to go back to school or obtain better employment.  The applicant was awarded CO’s NJP on 4 separate occasions for drunken driving, unauthorized absence and disorderly conduct.  The applicant was given several counselings and a retention warning advising him that further misconduct may result in his administrative separation from the Navy.  No relief will be granted based on this issue. 

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 any documentation of good character and conduct.  Therefore no relief will be granted.  The applicant 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 18, effective
12 Dec 1997 until Present, Article 1910-140 (formerly 3630600), SEPARATION BY REASON OF MISCONDUCT - PATTERN 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 “afls10.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