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

ex-OSSN, USN
Docket No. ND01-00267

Applicant’s Request

The application for discharge review, received 010108, 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 010601.  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: GENERAL (UNDER 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

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	930429 - 931102	COG

Period of Service Under Review:

Date of Enlistment:  931103		Date of Discharge:  960626

Length of Service (years, months, days):

	Active:    02  07  24
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  53

Highest Rate:  OSSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.40 (1)	Behavior:  3.40 (1)		OTA:  3.40	4.0 eval
Performance:  2.00 (1)	Behavior:  1.00 (1)		OTA:  1.83	5.0 eval

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SSDR, SASM with Bronze Star

Days of Unauthorized Absence:  None

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

950927:	NJP for violation of UCMJ, Article 86 (7 specs): (1) Unauthorized absence from unit at 0700-1530, 30Jun95, (2) Unauthorized absence from unit at 0700-0730, 20Jul95, (3) Unauthorized absence from unit at 0700-0915, 24Jul95, (4) Unauthorized absence from unit at 0700-0740, 3Aug95, (5) Unauthorized absence from unit at 0700-0715, 4Aug95, (6) Unauthorized absence from unit at 1030, 21Aug95 to 0700, 22Aug95, (7) Failure to go to appointed place of duty at 0600, 29Aug95, violation of UCMJ Article 92 (2 specs): (1) Willful dereliction of duty on 7Sep95 by falling asleep on watch, (2) Willful dereliction of duty on 14Sep95 by falling asleep during working hours.
	Award: Forfeiture of $478 per month for 1 month, restriction and extra duty for 00 days, reduction to E-X.  No indication of appeal in the record.

950929:	Retention Warning:  Advised of deficiency (Unauthorized absence and willful dereliction of duty.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 
	
951019:	Applicant evaluated as a result of self-referral.  Diagnosis: Alcohol dependent.

951213:	Applicant completed Level III treatment.

960117:	Applicant signed aftercare treatment plan.

960317:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of alcohol abuse rehabilitation failure, misconduct due to the commission of a serious offense and misconduct due minor disciplinary infractions.

960319:  	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.

960323:	Applicant considered to be a rehab failure due to failure to follow formal aftercare.

960515:	Commanding officer recommended discharge under other than honorable conditions by reason of convenience of the government due to alcohol rehabilitation failure, misconduct due to the commission of a serious offense and misconduct due to minor disciplinary infractions.  Commanding officer’s comments (verbatim): OSSN (applicant) received Level III treatment in December 1995.  At the time of his completion, his aftercare regimen was clearly explained to him and he was informed that deviation could result in administrative separation. Despite the efforts of members of his chain of command and the Command DAPA and CAAC, OSSN (applicant) failed to attend scheduled meetings.  In view of his past record of performance and the above, he does not have potential for continued productive Naval service. Accordingly, it is strongly recommended that he be separated from the Naval service with a General Discharge under Honorable conditions.

960611:	BUPERS directed the applicant's discharge general (under honorable conditions) by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT 
REGULATION/LAW

Discussion

The applicant was discharged on 960626 general (under honorable conditions) for misconduct due to commission of a serious offense (A and B).  The Board presumed regularity in the conduct of governmental affairs (C).  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 (D and E).

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

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 alcohol (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct.  The applicant has not provided any documentation of good character and conduct.  Therefore no relief will be granted at this time.  NDRB experience has shown that applicants with less than five years sobriety usually have not had sufficient opportunity to demonstrate continuing, positive contributions to society.  The applicant is reminded that he remains eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at a personal appearance hearing is highly recommended.  The possibility of favorable action in the applicant’s case will increase with the amount of time he maintains an alcohol free lifestyle.  Verifiable documentation of such a lifestyle is essential.  The applicant is encouraged to continue with his pursuits, remain sober, and apply for a personal appearance hearing prior to 26 June, 2011. 

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 
22 Jul 94 until 02 Oct 96, 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, for willful dereliction of duty, 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