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

   ex-AR, USNR
Docket No. ND05-00442

Applicant’s Request

The application for discharge review was received on 20050118.  The Applicant requests the characterization of service received at the time of discharge be changed to general (under honorable conditions).  The Applicant requests a personal appearance hearing before the Board in the Washington, D.C. Metropolitan area.  The Applicant did not list any representative on the DD Form 293.  Subsequent to the application, the Applicant obtained representation by the American Legion.

Decision

A personal appearance hearing discharge review was conducted in Washington, D.C. on 20051026.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the NDRB concluded that the characterization of the Applicant’s service was inequitable.  The Board’s vote was unanimous that the character of the discharge shall change.  The discharge shall become General (Under Honorable Conditions) by reason of misconduct due to a pattern of misconduct.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Issues submitted by the Applicant’s representative (American Legion) at the time of the Applicants personal appearance hearing supersede those submitted originally on Form DD-293.

“1.  (Equity Issue)  This former member opines that his psychological alcohol dependency contributed to and sufficiently extenuated his misconduct of record to warrant the Board’s relief.

2.  (Equity Issue)  This former member also requests that the Board consider provisions of SECNAVINST 5420.174D, Part IV, Paragraph 403 m (7), as it pertains to post-service conduct, in assessing the merits of this application.”

Documentation

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

Texas Educator Certificate, dated September 9, 2004
LeTourneau University grade reports (3 pages)
The University of Texas at Arlington official transcript (2 pages)
Letter from Applicant, dated February 2, 2005
Applicant’s DD Form 214
Character/job reference from J. C_ M_, Principal S.S. Conner Elementary School, dated July 25, 2005
Character/job reference from P_ H. M_, Owner-Broker, Colonial Real Estate, Property Management, undated
Character reference from R_ M. A_, dated September 5, 2005 (2 pages)
Character reference from P_ C. W_ Jr. and D_ G. C_, dated September 12, 2005 (2 pages)
Character reference from J_ A. C_, dated September 15, 2005
Character reference from Jackson Track Coaches, Jackson Middle School, dated April 11, 2000
Employment contract with Dallas Independent School District, dated May 5, 2005
Certificate of Excellence, dated September 10, 2005
The University of Texas at Arlington transcript
LeTourneau University academic transcript
Arlington Police Department criminal history check, dated September 2, 2005
Records Management Office letter of incarceration, dated September 15, 2005
Texas Farm Bureau Underwriters Declarations Page, dated June 14, 2005
Certificate of membership in the State Guard Association of the United States, dated July 1, 2005
American Legion membership card
State Guard Association of the United States official membership materials
LeTourneau University identification card
Drivers license for the State of Texas
Pictures (3)
Letter of Reference from J_ C_, Assistant District Governor, Rotary Club, dated June 5, 2004
State Board for Educator Certification Fingerprint Processing, dated May 5, 2004
Texas Examinations of Educator Standards/Examination Email, dated February 9, 2004
LeTourneau University grade report 2003/2004 semesters (4 pages)

During the course of the personal appearance hearing, the Applicant was afforded an additional opportunity to submit further documentation in support of his case.  In response, the Applicant submitted the following documentation:

Facsimile Transmission Coversheet, dated November 8, 2005
Letter from Applicant, dated November 8, 2005
Fax Coversheet, undated
Letter from Dr. J_ S_, Preaching Minister, dated November 3, 2005
Letter of Appreciation, dated March 9, 1994
Applicant’s Assorted Tax Records (15 pages)
Colonial Real Estate Property Management Assorted Records (10 pages)

PART II - SUMMARY OF SERVICE

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

	Inactive: None
	Active:   None

Period of Service Under Review:

Date of Enlistment:  890119			Date of Discharge:  920224

Length of Service (years, months, days):

	Active:    02  09  24
	Inactive:  00  03  12

Age at Entry:  17 (Parental Consent)		Years Contracted:  8

Education Level:  10 			AFQT:  49

Highest Rate:  AN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.25 (4)		Behavior:  2.25 (4)		OTA:  2.80

Military Decorations:  None

Unit/Campaign/Service Awards:  AFEM, NUC, SSDR, SASM with 2 Bronze Stars, NDSM

Days of Unauthorized Absence:  None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Pattern of misconduct, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

890501:	Applicant to active duty for 36 months under the Active Mariner Program.

900113:	Referred to DAPA for ETOH abuse screen.  During same day Applicant consumed 14-15 beers.  Normal ETOH Hx is 5-6 beers 2x/month.  No S/s of ETOH dependency.

900205:	NJP for violation of UCMJ, Article 109:  Destruction of private property, violation of UCMJ, Article 134:  Disorderly conduct, drunkenness.
	Award:  Forfeiture of $100 per month for 2 months, restriction for 60 days.  No indication of appeal in the record.

900205:	Retention Warning from USS LA SALLE (AGF-3):  Advised of deficiency (Violation of the Uniform Code of Military Justice, Articles 109 and 134.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

900706:	Applicant brought to medical by security after being found laying semi-conscious outside of 2 seas club.  Applicant had been witnessed to be drinking heavily, apparently passed out from alcohol, and struck face on door, resulting in laceration below right eyebrow.

910809:	NJP for violation of UCMJ, Article 134:  Underage drinking.
	Award: Correctional custody for 30 days, reduction to AA.  No indication of appeal in the record.

911206:	NJP for violation of UCMJ, Article 92:  Failure to obey order or regulation.
	Award:  Forfeiture of $422 per month for 2 months, restriction for 60 days, reduction to AR.  No indication of appeal in the record.

911206:	Retention Warning from Air Anti-Submarine Squadron 22:  Advised of deficiency (Failure to obey a lawful order, to wit: failed to muster on time as instructed.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

920121:	NJP for violation of UCMJ, Article 86:  Unauthorized absence.
	Award:  Forfeiture of $392 per month for 2 months, restriction for 45 days.  No indication of appeal in the record.

920122:	Applicant examined for alcohol dependency.  Applicant found psychologically dependent but not physically dependent on alcohol.

920122:	Air Antisubmarine Squadron 22 notified Applicant of intended recommendation for discharge by reason of misconduct due to a pattern of misconduct as evidenced by all punishments received under the UCMJ in the current enlistment.  The characterization of service may be under other than honorable conditions 

920122:	Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27(b), elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.  Applicant did not object to separation.

920130:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

920214:	BUPERS message:  Applicant does not meet criteria for pattern of misconduct.  Applicant’s Page 13 counseling warning of 900205 was issued by USS LA SALLE.  Applicant must have received counseling from parent command.

920221:	BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

920224:	Applicant was offered and waived inpatient treatment at a VA hospital for drug and alcohol dependency.

041008:	NDRB documentary record review Docket Number ND04-00940 conducted.  Determination: discharge proper and equitable; relief not warranted.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19920224 under other than honorable conditions for misconduct due to a pattern of misconduct (A).  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the NDRB concluded that the Applicant’s discharge was proper, but that the characterization of the Applicant’s service was inequitable (B and C).

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 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 could 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 Board received and considered all of the Applicant’s submissions, including his proof of educational achievements, work at an inner city school in Dallas, Texas, employment history, criminal records check, volunteer work, alcohol rehabilitation, and association with the State Guard of Texas.  After careful consideration, the Board concluded the Applicant’s post-service achievements have sufficiently mitigated his misconduct while in the Naval service.  Relief granted.

The following is provided for the edification of the Applicant.  The Applicant has exhausted his opportunities for review by the NDRB.  The Applicant may, however, petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning a change in the characterization of naval service, if he desires further review of his case.

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 – A PATTERN OF MISCONDUCT. 

B.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

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 “http://Boards.law.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:

		Secretary of the Navy Council of Review Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023