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

FOR OFFICIAL USE ONLY

ex-UTCA, USN
Docket No. ND06-00928

Applicant’s Request

The application for discharge review was received on 20060705.  The Applicant requests the Discharge 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20070426.  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 characterization of the discharge shall not change.  The discharge shall remain General (Under Honorable Conditions) by reason of misconduct due to commission of a serious offense.

PART I - ISSUES AND DOCUMENTATION

Decisional Issues

Propriety:  Discharged for alcohol rehabilitation failure, not misconduct.

Equity:  The Applicant claims his discharge was based on 2 isolated incidents in two years with no other adverse action.

Equity:  The applicant claims he was a good sailor, but had a problem with alcohol.  

Documentation

In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:

Applicant’s DD Form 214 (Member 1 and 4)
Evaluation Report and Counseling Record, dated October 1, 2004
Certificate from Navy E-Learning for completion of Scientific Notation, dated September 10, 2003 (2)
Certificate from Navy E-Learning for completion of Dimensional Analysis, dated September 11, 2003
Certificate from Navy E-Learning for completion of Delegation Basics, dated December 6, 2003
Certificate from Navy E-Learning for completion of Effective Delegation Simulation, dated September 12, 2003
Certificate from Navy E-Learning for completion of Introduction to Piping Systems, dated September 12, 2003
Letter of Commendation
Letter of Appreciation, dated March 12, 2003
Letter of Appreciation, dated September 15, 2003
Certificate of Appreciation
Certificate of completion of Facility Response Team (FRT) five day course, dated May 14, 2004
Certificate of completion of New Equipment Training, dated June 20, 2003
Certificate of completion of Auxiliary Security Force Training, dated January 24, 2003

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	200200402- 20020423	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20020424		Date of Discharge:  20041008

Length of Service (years, months, days):

	Active:    02  05  15
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  19

Years Contracted:  4 (12-month extension)

Education Level:  10 GED			AFQT:  79

Highest Rate:  UTCN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.7 (3)			Behavior:  2.7 (3)		OTA:  3.32

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  National Defense Service Medal/NATO Medal/Global War on Terrorism Expeditionary Medal/Overseas Service Ribon 2

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority:  MILPERSMAN, Article 1910-142 (formerly 3630605).

Chronological Listing of Significant Service Events: 

031202:	Applicant completed Intensive Outpatient alcohol treatment at the Substance Abuse Rehabilitation Program, U.S. Naval Hospital, Rota, Spain on 031202.

031229:	Applicant directed to participate in the prescribed aftercare plan.

040802:	Competence for duty examination:  Member was UA from quarters when member showed up he smelled of alcohol.  History:  22 year old male, consumed approximately 15 drinks last nigh.  He stopped drinking around 0200 this AM.  Pt was due to start duty at 0730 this AM.  Pt has 2 ETOH related incidences.  Once, he was drunk while standing armed post.  The ARI involved refusal to go home when Shore Patrol asked him to.  Pt attended 1 month of outpatient SARP treatment.  Pt states he prefers separation from the military rather than return to SARP for further rehabilitation.

040802:	Drug and Alcohol Incident Report:  Alcohol abuse, ashore off duty.  This incident constitutes a treatment failure.  Member is refusing any further assistance and is being processed for administrative discharge.

040819:	NJP for violation of UCMJ, Article 92: Failed to obey an other lawful order.
Violation of UCMJ, Article 134: Incapacitated for the proper performance of duties.
	Award:  Forfeiture of $668.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2.  Forfeiture suspended for 6 months.  No indication of appeal in the record.

040923:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of misconduct-commission of a serious offense and alcohol abuse rehabilitation failure.

040923:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

040928:	Commanding Officer, U.S. Naval Support Activity, Souda Bay, Crete, Greece, directed discharge with a general (under honorable conditions) by reason of misconduct-commission of a serious offense.

041208:	Commanding Officer informed Commander, Naval Military Personnel Command (PERS 83) of the Applicant's discharge with a general (under honorable conditions) by reason of misconduct-commission of a serious offense.  Reason for processing:  Misconduct-pattern of misconduct; misconduct-commission of a serious offense and alcohol abuse rehabilitation failure.  Commanding Officer’s comments:  “In October 2002, UTCA C_(Applicant) was placed on Class Charlie Liberty risk as a result of being incapacitated for the proper performance of his duties.  In August 2003 UTCA C_ had another alcohol related incident in which he refused to obey the orders of shore patrol.  Subsequent to the second alcohol related incident, UTCA C_ was screened, referred to, and successfully completed Intensive Outpatient (Level 2) alcohol treatment.
	In August 2004 UTCA C_ became extremely drunk and violated local liberty/curfew policies.  Due to his wrongful overindulgence in intoxicating liquor UTCA C_ was incapacitated for the proper performance of his duties and was administered nonjudicial punishment.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20041008 by reason of misconduct due to commission of a serious offense (A and B) with a service characterization of general (under honorable conditions).  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 Applicant claims his discharge was based on 2 isolated incidents in two years with no other adverse action.  When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable.  A general 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 one nonjudicial punishment proceeding for violations of Articles 92 (Failure to obey a lawful order) and 134 (Incapacitated for the proper performance of duties) of the UCMJ.  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 contends that his problems in the Navy can be attributed to his "overindulgence in alcohol."  Apparently, the Applicant believes he was discharged because of alcohol rehabilitation failure.  He is mistaken.  The Applicant was processed for separation for alcohol rehabilitation failure and misconduct, however, the separation authority determined that misconduct (due to commission of a serious offense) was the most appropriate reason for discharge.  While the may feel that his abuse of alcohol 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.  Relief denied.

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 additional evidence related to this 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 15560C), re-issued October 2002, effective 22 Aug 02 until 25 April 2005, Article 1910-142 [formerly 3630605], SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE.

B.  The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article (Failure to obey a lawful order) and 134 (Incapacitated for the proper performance of duties) of the UCMJ. 

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

D.  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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction.  You should read Enclosure (5) of the Instruction 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 Instruction 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