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

ex-FN, USN 
Docket No. ND03-01508

Applicant’s Request

The application for discharge review was received on 20030917.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests 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 20040812.  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 HONORABLE CONDITIONS (GENERAL)/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “I respectfully request you to review my record from past and present.  You will find 180 degree turn around.  I’m in the Reserves now and I’m trying to reenlist active in order for me to do that I need my Re code changed.  That can be waived so I can continue my Navy career.

The reason for the discharge was all my fault.  I do not drink anymore, and have not for 6 yrs.

I know I would be a very good asset to the Navy, I’m asking for a second chance if you would grant me that I and my family would be gratefull.

In Desert Storm Desert Shield I was stationed on the USS Saratoga, my evaluations were 3.6 and 3.8 on a 4.0 system.  I chose to become a civilian at the time because I had a drinking problem I was only 19 and was given a choice to retain my Navy career or become a civilian.  I beleive that was the correct choice for me.

Since then, I have been sober for 6 years, and my life is in order. I’m determined to continue my Navy career.

In May, I was told that the easiest way to re-enlist was to go through the reserves.  When I enlisted, I received a waiver for the RE4 code.  I have spent the last six months in Iraq where I received an evaluation of 3.57 on a 5.0 system, to leave room for advancement.  I received a Combat Action Ribbon, Armed Forces Reserved Medal with an M-Device.  Previously I received a Sea Service Ribbon and a Marksman Ship Ribbon.  While in the field I was also advanced to an E4.

I would like to be albe to re-enlist into the Navy.  I am 32 yrs old and still have many years of service ahead of me.

I would be grateful if you would consider my request to have the code amended and be able to serve my country.

Thank you
M_ P D_ EO3 (Applicant)
(Social security number deleted)”

Documentation

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

Copy of DD Form 214
8 pages from Applicant’s service record

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	891220 - 900108	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  900109		Date of Discharge:  921028

Length of Service (years, months, days):

	Active:    02  09  20
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  11 GED		AFQT:  27

Highest Rate:  FN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.40 (3)	Behavior:  3.70 (2)		OTA:  3.40

Military Decorations:  None

Unit/Campaign/Service Awards:  NUC, SASM, NDSM, SSDR

Days of Unauthorized Absence:  2

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:

910515:	Applicant to unauthorized absence 0630-0800, 910515.

911104:	Applicant to unauthorized absence 0500, 911104.

911106:	Applicant from unauthorized absence 1230, 911106 (2 days/surrendered).

920402:	NJP for violation of UCMJ, Article 92: Failure to obey lawful written order by wrongfully consuming an alcoholic beverage under the age of twenty-one (21) on 920320.
	Award: Forfeiture of $440 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2.  Reduction suspended for 6 months.  No indication of appeal in the record.

920402:	Retention Warning: Advised of deficiency (Poor military performance by wrongfully consuming an alcoholic beverage under the age of 21 years), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 
	
920421:	Applicant evaluated as psychologically alcohol dependent and offered rehabilitation treatment.  Applicant declined treatment.

920917:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of alcohol abuse rehabilitation failure as evidenced by you ESS DAPA/Aftercare Program Manager letter 1600 Code 214B of 920421 and misconduct due to the commission of a serious offense as evidenced by your Commanding Officer’s nonjudicial punishment of 920402.

920917:	Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

920922:	Commanding Officer recommended discharge under honorable conditions (general) by reason of alcohol abuse rehabilitation failure and misconduct due to the commission of a serious offense.

921023:	BUPERS directed the Applicant's discharge under honorable conditions (general) 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 19921028 under honorable conditions (general) 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 NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces.  An unfavorable “RE” code is, in itself, not a bar to reenlistment.  A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

A characterization of service of under honorable conditions (general) 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 award of nonjudicial punishment (NJP) a violation of the UCMJ that is considered a serious offense.  Additionally, the Applicant refused to attend the Navy’s Level III Drug and Alcohol treatment program.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. An upgrade to honorable is inappropriate.  Relief denied.

The following is provided for the edification of the Applicant.  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 naval service.  The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review.  Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities.  The Applicant has not provided sufficient documentation for the Board to consider.  Therefore, no relief will be granted.

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 additional documentation to support any claims of post-service accomplishments or any other evidence relating 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), effective 15 Aug 91 until 
04 Mar 93, 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