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

Docket No. ND02-00529

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

 ex-AR, USN
Docket No. ND02-00529

Applicant’s Request

The application for discharge review, received 020319, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 021206.  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:  UNCHARACTERIZED /ALCOHOL REHABILITATION FAILURE, authority: MILPERSMAN, Article 1910-152 (formerly Article 3630550).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  I would like to take a moment to thank the board for your consideration and time to review my application for the review of discharge or dismissal from the armed forces of the United States.  I humbly and respectfully request that the board review my military records and have my reenlistment code changed to honorable, so that I may have the opportunity to reenlist in the Navy.  After speaking with my local recruiter, he advised me that I would have to request to have my discharge changed in order to see if I am eligible for reenlistment.

After boot camp, I attended A School and I felt that I was well on my way to a Naval career.  The next thing I knew I was in a lot of trouble because of a bad choice that I had made, drinking.  In retrospect I understand that my decision to refuse alcohol rehabilitation was unwise.  At the time I did not realize the significant impact that my decision or the outcome of "alcohol rehabilitation failure" would have on my future.

Again, my request is to have my discharge status changed to honorable for the purpose of reentering the United States Navy.

Documentation

Only the service and medical records were reviewed, as the Applicant did not provide additional documentation for the Board to consider.

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	990217 - 990518	COG

Period of Service Under Review:

Date of Enlistment:  990519		Date of Discharge:  991015

Length of Service (years, months, days):

	Active:    00  04  27
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 

Education Level:  12			AFQT:  45

Highest Rate:  AR

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NOB*		Behavior:  2.0 (1)		OTA:  2.0 (5.0 Eval)

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  None

*No marks observed.

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

UNCHARACTERIZED/ALCOHOL REHABILITATION FAILURE, authority:  MILPERSMAN, Article 1910-152 (formerly Article 3630550).

Chronological Listing of Significant Service Events:

990928:	NJP for violation of UCMJ, Article 134:  underage drinking.
	Award:  Forfeiture of $479 per month for 2 months, restriction and extra duty for 45 days.  No indication of appeal in the record.

990929:	CO, Naval Hospital Pensacola:  Member initially screened at the ATFD on 13 Sep 99.  Member was recommended for IMPACT but did not attend IMPACT.  Member arrived at the AFTD on 29 Sep 1999 at 0730 and departed at 1400.  Member diagnosed alcohol dependent.  Recommend member be returned to duty and scheduled to attend Intensive Outpatient Treatment (Level II) at ATFD consisting of, on the average, two weeks of formal Intensive Outpatient Treatment and a structured Continuing Care Program.  Also recommend member attend three Alcoholics Anonymous meetings per week until treatment and contact Family Service Center for individual counseling.

990930:	Applicant refused Alcohol Dependence treatment.

991004:	Substance Abuse Report:  Command directed urinalysis, positive for alcohol.  Level III recommended.

991007:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service possible as General (Under Honorable Conditions) by reason of alcohol abuse rehabilitation failure.

991007:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.  

991015:	Commanding Officer, NATTC, Pensacola advised CNPC that Applicant was discharged with an uncharacterized discharge by reason of alcohol abuse rehabilitation failure.  Commanding Officer’s comments (verbatim):  "Airman Recruit C_ (Applicant) was evaluated by a licensed independent practitioner (a physician) and diagnosed alcohol dependent.  I have offered him a treatment program for his diagnosed dependency and he has refused to participate in the recommended program.  In my opinion, he has no potential for further useful naval service; therefore, Airman Recruit C_ (Applicant) was separated from the naval service with the an uncharacterized discharge by reason of alcohol abuse rehabilitation failure."

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 991015 with uncharacterized service 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 NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces.  By regulation, members discharged within the first 180 days of enlistment are given characterization of service as “uncharacterized” unless there were unusual circumstances regarding performance or conduct which would merit an “honorable” characterization.  The Applicant’s service record did not contain any unusual circumstances during his less than five months in the military to warrant a change of discharge.  With respect to non-service related administrative matters, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) characterization.  Relief denied.

The Applicant’s discharge characterization accurately reflects his service to his country.  The discharge was proper and equitable.  Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question.  No such error or inequity occurred during the Applicant’s enlistment.  Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service.  Relief not warranted.

The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge.  Representation at a personal appearance hearing is recommended but not required.  

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 "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

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/A9445/A9217/A9221