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

ex-FA, USN
Docket No. ND02-00508

Applicant’s Request

The application for discharge review, received 020305, requested that the characterization of service on the discharge be changed to general/under honorable conditions.  The Applicant, a surviving spouse, 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 021206.  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 former service member’s service.  The Board’s vote was 4 to 1 that the character of the discharge shall not change.  The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  Please consider this upgrade that my husband always intended to make himself.

Documentation

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

Copy of DD Form 214
Letter of Sympathy to Applicant's wife  (2pgs)
Newspaper Article about Husband Third Shift work
Character Reference Letter from E___ L. W____, II
Letter from Applicant's Wife
Character Reference Letter from B___ A. M____ (2pgs)
Character Reference Letter from H__ N. M____
Character Reference Letter from Applicant's Mother in Law
Employment Reference Letter
Character Reference Letter from Applicant's parents
Letter from Applicant's Sister 

PART II - SUMMARY OF SERVICE

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

	Active:   USN			None
	Inactive: USNR (DEP)	881103 - 881212	COG

Period of Service Under Review:

Date of Enlistment:  881213		Date of Discharge:  910410

Length of Service (years, months, days):

	Active:    02  03  28
	Inactive:  None

Age at Entry:  22			Years Contracted:  4 

Education Level:  12			AFQT:  51

Highest Rate:  FN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.60 (2)	Behavior:  3.30 (2)		OTA:  3.50

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM 

Days of Unauthorized Absence:  None 

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

890608:	Retention Warning:  Advised of deficiency (Poor military performance, by wrongfully possessing and alcoholic beverage in BEQ 232), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 
	
890608:	NJP for violation of UCMJ, Article 92: failed to obey a lawful general order by possessing an alcoholic beverage in the BEQ.
	Award:  Forfeiture of $100.00 pay per month for 1 month, restriction to BLDG 232 SSC GLAKES IL for seven (7) days, extra duty for 7 days, reduction to E-X.  No indication of appeal in the record.

910220:	Medical evaluation determined that the former service member is dependent upon alcohol, that he is not amendable to treatment, and that he is not recommended for further military service

910321:	NJP for violation of UCMJ, Article 92: Failure to obey lawful order by consuming alcohol in the BEQ.
	Award:  Forfeiture of $400.00 pay per month for 2 months (suspended for 6 months), restriction and extra duty for 45 days, reduction to E-2.  No indication of appeal in the record.

910324:	Former service member notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense as evidenced by his failure to obey a lawful order; and alcohol abuse rehabilitation failure as evidenced by his failure to complete Level III alcohol rehabilitation treatment, and his involvement in an alcohol related incident subsequent to that disenrollment from treatment [Extracted from CO's message].

910325:  	Former service member advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights [Extracted from CO's message].

910326:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and alcohol abuse rehabilitation failure.
 
910401:	CNMPC directed the former service member's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

This application for discharge review was submitted by the former service member's surviving spouse. The Board expresses its condolences to the Applicant for her loss.  The former service member was discharged on 910410 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 Board found the former service member was of sound mind when he committed his misconduct.  The former service member's problems with alcohol were the underlying cause of his misconduct and the record clearly reflects his willful misconduct.  The record is devoid of evidence that the former service member was not responsible for his conduct or that he should not be held accountable for her actions.  Relief on this basis is denied.

The term "serious offense" should not be confused with what is considered serious in the civilian world.  The Uniform Code of Military Justice (UCMJ) categorizes a wide range of offenses:  disrespectful language, failure to obey a lawful order or written regulation, drunken driving, forgery, fraud, missing ship's movement, unauthorized absence in excess of 30 days, making false official statements, and so forth, right up to the most "serious" crimes of spying, aiding the enemy in time of war, mutiny, rape and murder.  Although all of these offenses come under the broad UCMJ category of "serious offense", some are clearly more heinous than others.  A person in the military must abide by the standards set forth in the UCMJ, regardless of what guidelines his civilian counterparts might utilize.  A failure to obey a lawful order is a "serious offense" under the UCMJ.  It undermines good order and discipline necessary to maintain an efficient armed force.  The commission of any single "serious offense" supports a discharge under other than honorable conditions.  The former service member's discharge was proper and equitable.  Relief denied.

The Applicant is reminded that the period of eligibility for a personal appearance hearing is 15 years from the date of discharge.  The application package must be submitted to the NDRB prior to the expiration of the 15 year period.  A personal appearance is encouraged, but does not guarantee any change in the current characterization of service.  The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time.  Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560A), Change 8, effective 
21 Aug 89 until 14 Aug 91, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

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