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

Docket No. ND01-00821

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

ex-RM3, USN
Docket No. ND01-00821

Applicant’s Request

The application for discharge review, received 010601, requested that the characterization of service on the discharge be changed to honorable.  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 020110.  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 character of the discharge shall not change.  The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/ALCOHOL REHABILITATION FAILURE, authority: MILPERSMAN, Article 1910-152 (formerly Article 3630550).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  I believe my discharge should be reviewed and, hopefully, upgraded to honorable so that my futures goals for myself (vocationally) and family (financially) may be met.  I was discharged once honorably and due to my own actions I hold a general under honorable for my second period of enlistment.  Please consider my request and respond at your convenience.

Documentation

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

Letter from Applicant

PART II - SUMMARY OF SERVICE

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

	Active:   USN 			930309 - 970606	HON
	Inactive: USNR (DEP)	930129 - 930308	COG

Period of Service Under Review:

Date of Enlistment:  980507		Date of Discharge:  990310

Length of Service (years, months, days):

	Active:    00  10  04
	Inactive:  None

Age at Entry:  24			Years Contracted:  2

Education Level:  12			AFQT:  61

Highest Rate:  RM3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMA		Behavior:  NMA		OTA:  NMA

Military Decorations:  None

Unit/Campaign/Service Awards:  NAVY"E"RIBBON, LOC, GCA, AFEM, SASM, SSDR, NDSM 

Days of Unauthorized Absence:  None 

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

GENERAL (UNDER HONORABLE CONDITIONS)/ ALCOHOL REHABILITATION FAILURE, authority:  MILPERSMAN, Article 1910-152 (formerly Article 3630550).

Chronological Listing of Significant Service Events:

980507:	Reenlisted at SAN DIEGO MEPS, CA under the NAVET PRISE III Reenlistment program for 2 years.

981028:	Medical Screening (RM3 V_____ was screened by medical officer and was found to meet 2 of 7 DSM IV criteria for alcohol dependence.  Intensive Outpatient Treatment was recommended).

981104:	NJP for violation of UCMJ, Article 92: Wrongfully fraternized with PO1 (3 Specs), wrongfully contributing alcohol to a minor, failure to obey a lawful order by failing to obey the 2145 expiration of liberty.
	Article 107: False Official Statement.  Article 134: Adultery.
Award:  Forfeiture of $615.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-3.  No indication of appeal in the record.

990201:	Notification of Level II program failure "On 28 October 1998, you reported to the departmental DAPA for an alcohol screening.  On 29 October 1998, you were found to be alcohol dependent by a medical doctor.  After being thoroughly counseled on the requirements of reference (a) OPNAVINST 5350.4B concerning the treatment, aftercare process, and the repercussions of declining this treatment, you elected to  participate in the Level II program.  On 25 November 1998, you were sent to the Alcohol Rehabilitation Department (ARD) Naval Hospital Great Lakes, Illinois for Level II treatment and were to remain there until completion on or about 25 December 1998.  On 25 November 1998, you were a treatment failure due to not wanting to participate in the treatment program.  On 22 January 1999 you reentered treatment at ARD.  On the weekend of 22 January 1999 you admitted to drinking while in treatment, your case was reviewed by the ARD staff and you were recommended to upgrade your treatment to Level III treatment.  On 26 January you declined admission to Level III treatment.  This constitutes a Level III treatment failure and you may be processed for separation".

990205:	Declined Level III Treatment program.

990225:	Applicant notified of intended recommendation for discharge with general (under honorable conditions) by reason of alcohol abuse rehabilitation failure as evidenced by our refusal to participate in the Level III alcohol treatment program and misconduct commission of a serious offense as evidenced by all your punishment under the UCMJ in your current enlistment.

990225:	Applicant advised of her rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.  

990301:	Commanding officer recommended discharge with general (under honorable conditions) by reason of alcohol abuse rehabilitation failure and misconduct due to commission of a serious offense.  

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 990510 with a general (under honorable conditions) due to alcohol 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).

Issue 1.  The applicant states that she wants an upgrade in her discharge “so that my futures goals for myself (vocationally) and family (financially) may be met.”  The Board found the applicant’s General discharge was proper and equitable.  While the NDRB may change a discharge based on post service conduct, the applicant failed to provide any documentation (clean police record, educational pursuits, documented sobriety, volunteer community service, and employment verification) to support upgrading her discharge characterization based on post-service accomplishments.  The NDRB will not change a discharge for an applicant to secure veteran’s benefits.  Relief is not warranted.

The applicant remains eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at personal appearance hearing is highly recommended.

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 
12 Dec 97 until Present, Article 1910-152 (formerly Article 3630550), SEPARATION BY REASON OF ALCOHOL ABUSE REHABILITATION.

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 "afls10.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

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/A9219/A9453/A9217/A9221