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

 
ex-ACAR, USN
Docket No. ND03-01241

Applicant’s Request

The application for discharge review was received on 20030718.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record review.  The Applicant did not list any representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20040514.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  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, as stated

Applicant’s issues, as stated on the application:

“1.  Captains Mast @ N.A.S. Alameda I was 19 yrs old under age with a drinking problem due to Air Traffic Control & Superiors pressure.  I was suppose to receive help (CAAC III) ordered by Captain.  Instead the A/C unit sent me T.A.D. to recycling where I was forgotten the rest of my time in the navy.  No help!  T.A.D. was finished with recycling but Chief O___, AC1 L___, and AC1 L___ told me that LT D__ S___ & theirselves wanted nothing to do with me in their navy.  A couple of weeks go by I ask for help with a drinking problem they were all aware of and laugh @ me & saying the navy doesn’t want to help me.  How in the world were they right.  I plead my case once more and instead of help or understanding, AC1 L___ took me to medical, dental, and dispursing and there I was 20 yrs old out of the navy in 3 hours time.  I was escorted of base that instant.  I was a Delayed Entry Program sailor, (joined when 17 with parent consent) it was going to be my career to this day.  I ask you to review my record and you will see that I wasn’t treated with the dignity & respect I took a oath to uphold.”

Documentation

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

Copy of DD Form 214
Copy of Commanding Officer Recommendation (2 pages)
Copy of Enlisted Performance Record

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	921228 - 931130	COG
	Active:   USN			None

Period of Service Under Review:

Date of Enlistment:  931201		Date of Discharge:  950811

Length of Service (years, months, days):

	Active:    01  08  07
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  53

Highest Rate:  ACAA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.00 (2)	Behavior:  2.10 (2)		OTA:  3.10

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, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

950223:	NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ Article 92: Failure to obey a lawful order, violation of UCMJ Article 134: (2 Specifications), Drunkenness incapacitated for performance of duties through prior wrongful indulgence in intoxicating liquor or any drug and Drunk and disorderly on 950126.

Award:  Oral admonition (not to enter enlisted club for 6 months), restricted to NAS Alameda for 30 days, forfeiture of $427.20 pay per month for 2 months, extra duty for 30 days, reduction to next inferior pay grade (suspended for 6 months).  No indication of appeal in the record.

950223:	Drug/Alcohol Screening/Evaluation diagnosis:  Alcohol Dependant, suitable for inpatient Level III.  Doctor states Applicant requests second chance for Level III.

950407:	UA from 0715-1145.

950531:	NJP for violation of UCMJ, Article 91: (2 Specifications), Willful disobedience of a petty officer and Disrespect toward a petty officer.
	Award:  Forfeiture of $427.20 pay per month for 1 month.  No indication of appeal in the record.

950608:	Punishment of reduction in rate to ACAR suspended at CO’s NJP of 950223 vacated this date due to continued misconduct.

950616:	Applicant 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 all punishments under the UCMJ in his current enlistment.

950627:	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.

950712:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense as evidenced by all punishments under the UCMJ in his current enlistment.

950803:	BUPERS directed the Applicant'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

The Applicant was discharged on 19950811 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).

Issue 1.   The Applicant contends that his problems in the Navy can be attributed to his “drinking problem.”  While he may feel that his alcoholism was the underlying cause of his misconduct, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service.  The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions.  There is also no evidence in the record that Applicant requested, and was denied, treatment for his alcohol problems.  Relief on this basis is denied.

When the service of a member of U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable.  An Under Other Than Honorable Conditions discharge is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record.  The Applicant’s service was marred by two nonjudicial punishment proceedings for violations of the UCMJ, to include violations of Articles 86, 91 and 134.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service.  Relief is not warranted.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.  The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge 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 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.  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