Author: CAP
Last saved by: Department of the Navy
Company: NCPB

Docket No. ND01-00173

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

ex-HR, USN
Docket No. ND01-00173

Applicant’s Request

The for discharge review, received 001127, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a personal appearance hearing closest to Atlanta, GA.  In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington DC area.  The applicant listed GA Department of Veterans Service as his representative on the DD Form 293.

Decision

A personal appearance hearing was conducted in Washington, D.C. on 010508.  Applicant elected to proceed with the hearing without the counsel/representative and acknowledged that proceeding with the hearing would make him ineligible for further review by this Board.  After a thorough review of the records, 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 character of the discharge shall not change.  The discharge shall remain:  UNDER HONORABLE CONDITIONS (GENERAL)/ Alcohol Abuse - rehabilitation failure, authority: MILPERSMAN, Article 3630550.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  I do not disagree with the type (Reason) for my discharge; my concern is that whenever I present "DD" form. The statement "ALCOHOL REHAB. FAILURE" appears on it.  This is a disease I will have to deal with everyday for the rest of my life.  I do not see the need for the whole world to know that I failed rehab in 1986.  I have corrected this problem and made myself a better person then when I was in the navy.  I wasted a great opportunity at a great military.  I do not feel there is any reason to continue to have "alcohol Rehab. Failure" on my DD Form 214 anymore for anyone to see.  I greatly appreciate the time you have taken to read this form and I pray you will grant my request.  Thank you

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):

	Active:   None
	Inactive: USNR (DEP)	830602 - 831207	COG

Period of Service Under Review:

Date of Enlistment:  831208		Date of Discharge:  870923

Length of Service (years, months, days):

	Active:    03  09  16
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  44

Highest Rate:  HN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.00 (5)	Behavior:  2.92 (5)		OTA:  3.16

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 HONORABLE CONDITIONS(GENERAL)/Alcohol abuse - rehabilitation failure, authority:  MILPERSMAN, Article 3630550.

Chronological Listing of Significant Service Events:

831214:	Applicant briefed on Navy's policy on drug and alcohol abuse.

840411:	NJP for violation of UCMJ, Article 134 (2 specs): (1) Wrongfully urinate on numerous items belonging to another member on 3Apr84, (2) Drunk and disorderly on 3Apr84.
	Award: Forfeiture of $150 per month for 1 month, restriction and extra duty for 14 days, written reprimand.  No indication of appeal in the record.

840411:	Retention Warning:  Advised of deficiency (Having been convicted at CO's NJP for the first time since his entry in the naval service.  Applicant found guilty of two specifications of Article 134.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

85????:	Applicant participated in Level I alcohol education.

850703:	Retention Warning:  Advised of deficiency (Unauthorized absence for one and one-half hours on 28 June 1985.  Without informing anyone of your whereabouts, you left the OCS compound approximately 1530 and returned at 1700.  You were in a duty status at the time, thereby resulting in another corpsman having to remain aboard to stand your watch for that time period.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

850711:	Retention Warning:  Advised of deficiency (Failure to maintain a neat and correct appearance of your berthing space (unmade bed, gear adrift, portable radio laying about not secured).), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

8510??	Applicant participated in a Level II outpatient program August through October 1985.

851028:	Special Court Martial
	Charge I: violation of the UCMJ, Article 108:
	Specification: Destruction of government property, to wit; set fire to a mattress of a value of $79.
	Charge II: violation of the UCMJ, Article 134:
	Specification: Communicate a threat to kill another HA.
	Findings: to Charge I and II and specifications thereunder, guilty.
	Sentence: HL for 1 month, forfeiture of $200 per month for 4 months, reduction to HR, restriction for 2 months, fined $79.00.
	CA 861206:  Sentence approved and ordered executed.

860107:	Applicant seen in emergency room for superficial laceration to bridge of nose.  ETOH .155.

860807:	Applicant seen in emergency room after being involved in a fight.  Abrasion left knee.  ETOH level .177.

861119:	Applicant brought in by security police for evaluation and "legal blood alcohol".  ETOH intoxication.  Referred to TRISARD.

870110:	Applicant admitted to Tri-Service Alcoholism Recovery Program.

870218:	Applicant discharged from Tri-Service Alcoholism Recovery Program as a designated Level III treatment failure.  Diagnosis: Alcohol dependence, continuous.

870422:	Applicant found fit for confinement.

870610:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 0645-0815, 17Apr87, violation of UCMJ Article 91: Disrespect to a master chief petty officer, violation of UCMJ Article 92: Failed to obey a lawful order issued by HMCM.
	Award: Extra duty for 30 days.  No indication of appeal in the record.

870610:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of alcohol abuse rehabilitation failure and misconduct due to pattern of misconduct and commission of a serious military offense as evidenced by your service record.

870612:  	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

870710:	An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had failed to comply with the alcohol rehabilitation program, and has committed misconduct due to a pattern of misconduct, that such failure warranted separation, and recommended discharge under other than honorable conditions.

870810:	Commanding officer recommended discharge under other than honorable conditions by reason of alcohol abuse rehabilitation failure, by reason of misconduct due to a pattern of misconduct, and by reason of misconduct due to commission of a serious offense.  Commanding officer’s comments (verbatim):  HR (applicant's) numerous violations of the UCMJ, ranging in severity from disrespect to endangerment of human life, are a result of his unwillingness to cease his alcohol consumption. Every avenue for help was available to HR (applicant), including counseling and inpatient alcohol abuse rehabilitation.  None of these methods worked, and the infractions continued.  This behavior is contrary to good order and discipline.  It is apparent that that there is no potential for further useful military service.  I therefore recommend that HR (applicant) be discharged from the Naval service.  I further recommend that the characterization of that discharge be Under Other Than Honorable Conditions.  Pursuant to reference (a), enclosure (1) through (12) are submitted in further support of this recommendation.  HR (applicant) will be retained on board this command awaiting final decision from Commander, NMPC.

870915:	CNMPC directed the applicant's discharge with type warranted by service record by reason of alcohol abuse rehabilitation failure.

960102:	NDRB documentary record review Docket Number ND96-00123 conducted.  Determination:  discharge proper and equitable; relief not warranted.

PART III – RATIONALE FOR DECISION AND PERTINENT 
REGULATION/LAW

Discussion

The applicant was discharged on 870923 under honorable conditions (general) 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, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

In response to the applicant’s issue, the Board finds no reason to change the characterization of the applicant’s discharge or the reason for discharge.  The applicant’s record showed that he had been through Level I, Level II and finally Level III alcohol treatment.  The Tri-Service Alcoholism Recovery Program designated the applicant as a Level III treatment failure.  The Board determined that this failure, along with the numerous violations of the UCMJ committed by the applicant relating to alcohol abuse, clearly demonstrates that the characterization and reason for discharge should remain the same.  In addition, the applicant did not provide any documentation of post-service accomplishments or proof of alcohol rehabilitation.  Relief is 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/A0147/A9319