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

ex-FR, USN
Docket No. ND03-01306

Applicant’s Request

The application for discharge review was received on 20030801.  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. In the acknowledgement letter, the Applicant was informed that he was approaching the 15 year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington, D. C. area.  The Applicant did not respond.

Decision

A documentary review was conducted in Washington, D.C. on 20040526.  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 - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “I, K_ A_ N_ (Applicant) request for a review of my discharge.  I was discharge do to misconduct – Pattern of Misconduct, Drug and Alcohol played a big part of my conduct and Lack responsible to my Duties.  I have not Had a Drug or Drink since 20 OCT 93.  I have Learned a great deal of respect for myself.  If I had a chance I would do Everything difference.

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)	850927 - 850930	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  851001		Date of Discharge:  880819

Length of Service (years, months, days):

	Active:    02  09  28
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 

Education Level:  12			AFQT:  24

Highest Rate:  FN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.53 (3)	Behavior:  3.40 (3)		OTA:  3.40

Military Decorations:  None

Unit/Campaign/Service Awards:  None

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:

850930:	Applicant briefed on Navy's policy of drug and alcohol abuse.

860411:	NJP for violation of UCMJ, Article 128:  Assault fighting in the mess hall. Award: Forfeiture of $100 per month for 1 month.

861119:	Retention Warning from USS LEXINGTON AVT-16:  Advised of deficiency (unauthorized absence on a duty day), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

861203:	NJP for violation of UCMJ, Article 86:  Leaving appointed place of duty 
Award:  Restriction and extra duty for 5 days.

871218:	NJP for violation of UCMJ, Article 128:  Assault consummated by a battery.
Award: Forfeiture of $250.00 per month for 1 month, Correctional Custody for 30 days.  No indication of appeal in the record.

880212:	Psychiatric evaluation:  Diagnosis – Antisocial Personality Traits
	
880708:	Summary Court-Martial.
	Charge I: violation of the UCMJ, Article 111:  Drunken driving on or about 880602.
	Charge II: violation of the UCMJ, Article 112A:  Wrongful use of cocaine on or about 88Jun11.
	Charge III: violation of the UCMJ, Article 134:  Incapacitated for duties from overindulgence in liquor or drugs.
	Finding: to Charge I - III and the specification thereunder, guilty.
	Sentence: Forfeiture of $447.00 per month for 1 month, reduced to E-1, confinement for 3 days on bread and water and for 24 days with hard labor.
	CA action 880715:  Sentence approved and ordered executed.

880708:	Applicant to confinement.

880730:	Applicant released from confinement.

880801	USS LEXINGTON AVT 16 notified Applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct, misconduct commission of a serious offenses, and misconduct drug abuse.

880801:	Applicant advised of 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.

880801:	Medical evaluation for drug abuse found the Applicant to be a alcohol dependent, not drug dependent.

880809:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct, commission of a serious offense, and drug abuse.

880813:	CNMPC directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19880819 under other than honorable conditions 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.  The Applicant contends that his problems in the Navy can be attributed to his use of “drug[s] and alcohol.”  The Board concurs with this statement.  Applicant’s record clearly indicates that he was awarded NJP for the use of illegal drugs and overindulgence of alcohol.  In addition, member committed other offenses of the UCMJ that may or may not have been the result of his use of either alcohol or drugs.  Notwithstanding the above, 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 on this basis is denied.

Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, can be considered.  In determining whether a case merits a change based on post-service conduct, the NDRB considers the length of time since discharge, the applicant's record of community service, employment, conduct, educational achievements, and family relationships.  The Board was impressed with the Applicant’s claim of being drug and alcohol free since 931020.  The possibility of favorable action in the applicant’s case will increase with the amount of time he maintains an alcohol and drug free lifestyle.  Verifiable documentation of such a lifestyle is essential.  As of this time, the Applicant has not provided sufficient documentation for the Board to consider.  Therefore, no relief is appropriate.

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