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

 ex-ICFN, USN
Docket No. ND02-00530

Applicant’s Request

The application for discharge review, received 020318, 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 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 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 - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  My discharge, a General under honorable conditions, based on a pattern of misconduct, due to the abuse of alcohol is unfair because I sought medical treatment several times for my back problems that I injured while performing my duties on board my ship USS LEFTWICH (DD-984).  Due to unsatisfactory medical treatment I abused alcohol for pain management.  I have, since my discharge had (3) back surgeries due to the injury I suffered while serving my country in the United States Navy.  The medical services I received were inadequate for my injury, I would be retiring from the service this year so an honorable discharge for time served should be awarded.

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):

	Inactive: USNR (DEP)	810930 - 811120	COG
	Active:   USN			811121 - 851220	HON

Period of Service Under Review:

Date of Enlistment:  860609		Date of Discharge:  880922

Length of Service (years, months, days):

	Active:    02  03  14
	Inactive:  None

Age at Entry:  23			Years Contracted:  4 

Education Level:  12			AFQT:  78

Highest Rate:  IC2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.80 (1)	Behavior:  3.40 (1)		OTA:  3.80

Military Decorations:  None

Unit/Campaign/Service Awards:  NEM, SSDR (3RD), ESWQ, LOA (2)

Days of Unauthorized Absence:  None 

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

UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct - Pattern of misconduct, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

860609:	Reenlisted at NRD Little Rock, AR for 4 years.

870608:	Report of Offenses: Charge I: Violation UCMJ, Article 111: (Drunken or reckless driving), Specification: In that IC2 B_ A. C_, did, on Bellows Air Force Installation, on or about 1530, 870510 operate a motor vehicle, to wit: A passenger car while drunk in a reckless manner by entering the second stream gate in the inbound lane; Charge II: Violation UCMJ, Article 91: (Insubordinate conduct towards a non-commissioned officer, Specification: In that IC2 B_ A. C_, did, on Bellows Air Force Installation, on or about 1530, 870510, was disrespectful in language towards SSGT L_, a non-commissioned officer, then known by the said IC2 C_ to be a superior non-commissioned officer who was in the execution of his office, by saying to him, "YOU ASSHOLE, YOU ARE A DICK", or words to that affect.  NO RECORD OF PUNISHMENT. 

870624:	Report of Offenses: Charge I: Violation UCMJ, Article 92: (Failure to obey a lawful order), Specification 1: In that IC2 B_ A. C_, having knowledge of a lawful order issued by LCDR A_, to take anti-buse daily for apparent alcohol problem, an order in which it was his duty to obey, did onboard USS LEFTWICH located at sea, on or about 0910, 870520, fail to obey the same; Specification 2: In that IC2 B_ A. C_, having knowledge of a lawful order issued by LCDR A_, to take anti-buse daily for apparent alcohol problem, an order in which it was his duty to obey, did onboard USS LEFTWICH located at sea, on or about 0910, 870523, fail to obey the same; Specification 3: In that IC2 B_ A. C_, having knowledge of a lawful order issued by LCDR A_, to take anti-buse daily for apparent alcohol problem, an order in which it was his duty to obey, did onboard USS LEFTWICH located at sea, on or about 0910, 870602, fail to obey the same; Specification 4: In that IC2 B_ A. C_, having knowledge of a lawful order issued by LCDR A_, to take anti-buse daily for apparent alcohol problem, an order in which it was his duty to obey, did onboard USS LEFTWICH located at sea, on or about 0910, 870604, fail to obey the same; Specification 5: In that IC2 B_ A. C_, having knowledge of a lawful order issued by LCDR A_, to take anti-buse daily for apparent alcohol problem, an order in which it was his duty to obey, did onboard USS LEFTWICH located at sea, on or about 0910, 870623, fail to obey the same. NO RECORD OF PUNISHMENT.
 
870821:	Applicant completed rehabilitation program for alcohol dependence.

880211:	NJP for violation of UCMJ, Article 92: Failure to obey other lawful order.
	Award:  Forfeiture of $150.00 pay per month for 1 month, reduction to E-4 (suspended for 2 months).  No indication of appeal in the record.

880219:	Retention Warning from USS LEFTWICH (DD-984):  Advised of deficiency. (Declining performance of duties and declining reliability.  To obey all rules and regulations of the United States Navy.) Notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

880219:	NJP for violation of UCMJ, Article 92: Failure to obey other lawful written order.
	Award:  Forfeiture of $200.00 pay per month for 1 month, restriction for 15 days, reduction to E-3 (suspended for 3 months).  No indication of appeal in the record.

880415:	NJP for violation of UCMJ, Article 92: Failure to obey other lawful order; violation of UCMJ, Article 134: Drunk and disorderly conduct.
	Award:  Forfeiture of $200.00 pay per month for 1 month, restriction and extra duty for 21 days, reduction to E-3.  No indication of appeal in the record. 

880415:	USS LEFTWICH (DD-984) notified Applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by three or more punishments under the UCMJ during the current enlistment.

880520:	Applicant requested a conditional waiver of an Administrative Board provided he is recommended for a general discharge.
 
880525:	NJP for violation of UCMJ, Article 134: Drunk and disorderly conduct.
Award:  Restriction to USS LEFTWICH (DD-984) for 45 days and extra duty for 45 days.  No indication of appeal in the record.

880610:	CNMPC disapproved Applicant's conditional waiver.
 
880615:	Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

880718:	An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to a pattern of misconduct, that the misconduct warranted separation, and recommended discharge under honorable conditions (general).

880801:	Commanding Officer recommended discharge under honorable conditions (general) by reason of misconduct due to a pattern of misconduct. 

880825:	Applicant found psychologically dependent on ETOH.

880912:	CNMPC directed the Applicant's discharge under honorable conditions (general) by reason of misconduct due to a pattern of misconduct.

880922:	Applicant declined treatment at VA Hospital.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 880922 under honorable conditions (general) 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).

Issue 1.  While he may feel that his back injury was a factor that contributed to his actions, the record clearly reflects his 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.  The Board has no authority to evaluate the adequacy of medical care received while in the Navy, and such an issue does not provide the Applicant a basis for relief, based upon his discharge for misconduct.  Relief denied.

The Applicant’s discharge characterization accurately reflects his service to his country.   Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question.  No such error or inequity occurred during the Applicant’s enlistment.  Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service.  Relief not warranted.

The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge.  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, effective 870615 - 890110), Article 3630600, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT – A 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 “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