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Docket No. ND00-00745

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

 ex-HT3, USN
Docket No. ND00-00745

Applicant’s Request

The application for discharge review, received 000530, requested that the reason for the discharge be changed to misconduct.  The applicant requested 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 010111.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the reason for discharge shall not change.  The discharge shall remain:  HONORABLE /Alcohol Abuse - rehabilitation failure, authority: MILPERSMAN, Article 3630550.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  I feel the discharge board was wrong on putting alcohol rehabilitation failure down on my discharge.  According to the documents I have enclosed from the medical board.  My primary diagnosis was "Complicated Breevement" do to sudden death of my brother in the states while I was over sea's.  The second diagnosis was "Alcohol Dependence in Remission.  I have enclosed statements explaining my case. 

Documentation

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

Copies of DD Form 214 (2)
Reference Letter
Letter from Applicant (2pgs)
Copy of Medical Board Report (5pgs)

PART II - SUMMARY OF SERVICE

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

	Active:   USN 		None
	Inactive: USNR 		851206 - 860202	COG

Period of Service Under Review:

Date of Enlistment:  860203		Date of Discharge:  881212

Length of Service (years, months, days):

	Active:    02  10  10
	Inactive:  00  01  27

Age at Entry:  18			Years Contracted:  8 

Education Level:  12			AFQT:  27

Highest Rate:  HT3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.86 (3)	Behavior:  3.66 (3)		OTA:  3.73

Military Decorations:  None

Unit/Campaign/Service Awards:  None 

Days of Unauthorized Absence:  None 

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

HONORABLE/Alcohol abuse - rehabilitation failure, authority:  MILPERSMAN, Article 3630550.

Chronological Listing of Significant Service Events:

860203:	Order to active duty for 36 months under the Active Mariner program.
 
880513:	Applicant notified of completion of Alcohol Treatment at Naval Alcohol Rehabilitation Center, Jacksonville, Florida.

880325:	Medical Screening indicates ETOH Dependence.

881018:	Applicant released from drug and alcohol abuse program for unsatisfactory completion of his rehabilitation treatment.

881028:	Command, DAPA, NAS Jacksonville, FL evaluation indicates applicant refused to comply with his prescribed aftercare program.  He has a very negative attitude towards taking his Antabuse and attending AA meetings.  Member has signed a statement of refusal.  Recommended SNM be ADSEP Discharged IAW with OPNAVINST 5350.4A ECNL (7) PG-4.

881129:	Applicant notified of intended recommendation for discharge with type warranted by service record by reason of alcohol abuse rehabilitation failure.

881129:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

881221:	Commanding officer authorized honorable discharge by reason of alcohol abuse rehabilitation failure.  

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 881212 honorably due to alcohol abuse - rehabilitation failure (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).

The applicant’s issue states:  “I feel the discharge board was wrong on putting alcohol rehabilitation failure down on my discharge.  According to the documents I have enclosed from the medical board.  My primary diagnosis was "Complicated Breevement" do to sudden death of my brother in the states while I was over sea's.  The second diagnosis was "Alcohol Dependence in Remission.  I have enclosed statements explaining my case.”  The record clearly shows that the applicant was discharged for his unwillingness to participate in an alcohol rehabilitation program.  There is no other reason for the applicant’s discharge.  After careful review of the applicant’s case the NDRB found no impropriety or inequity in the applicant’s discharge.  To change the reason for discharge would be inappropriate.  Relief not warranted. 

Pertinent Regulation/Law (at time of discharge)

A.  The Naval Military Personnel Manual, (NAVPERS 15560C, effective 15 Jun 87 - 15 Aug 91), Article 3630550, SEPARATION OF ENLISTED PERSONNEL BY REASON OF ALCOHOL ABUSE REHABILITATION FAILURE.

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 Room 309
		Washington Navy Yard D.C.  20374-5023

The remaining portion of this document is divided into 6 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX:  A6900/A9319/A0147/A9217