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Docket No. ND02-00903

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

ex-FA, USNR
Docket No. ND02-00903

Applicant’s Request

The application for discharge review, received 020610, 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 030311.  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 and narrative reason 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, as submitted

1.  While serving in the U.S. Navy from 1989-1992, I went through a D/A Program in Miramar, CA.  I was placed on probation for 1 year, to not use alcohol However one night I did drink before the 1 year was up and was discharged.  Since then I have received a lot of help through AA and the VA outpatient treatment program.  I have made positive changes since then and feel my discharge should be upgraded to honorable.  Because I have been treated and have over come this problem.

Documentation

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

Applicant's DD Form 214 (3 copies)
Letter from Department of Veterans Affairs dated October 27, 2000 (2 copies)
Nine pages from Applicant's service record
Letter from Department of Veterans Affairs dated June 5, 2000

PART II - SUMMARY OF SERVICE

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

	Inactive: None
	Active:   None

Period of Service Under Review:

Date of Enlistment:  890920		Date of Discharge:  920318

Length of Service (years, months, days):

	Active:    02  05  20
	Inactive:  00  00  08

Age at Entry:  21			Years Contracted:  8

Education Level:  12			AFQT:  19/24

Highest Rate:  FN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.60 (2)	Behavior:  3.10 (2)		OTA:  3.50

Military Decorations:  None

Unit/Campaign/Service Awards:  SSDR (2), AFEM, NDSM, Letter of Appreciation

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:

910524:	DAPA/CAAC Evaluation: A: Alcohol dependency.  P: (1) Recommend Level III referral.  (2) AA/DAP/command f/u.

911118:	NJP for violation of UCMJ, Article 92: Dereliction in the performance of duties on 910922.
	Award: Forfeiture of $50 per month for 2 months, extra duty for 10 days.  Forfeiture suspended for 6 months.  No indication of appeal in the record.

920304:	NJP for violation of UCMJ, Article 92: Failure to obey lawful order or regulation.
	Award: Confinement with bread and water for 3 days, reduction to FA.  No indication of appeal in the record.

920317:	Applicant found fit for separation.  Alcohol treatment failure.  No further treatment needed or indicated.

920317:	Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of alcohol abuse rehabilitation failure as evidenced by all punishments under the UCMJ in the current enlistment.

920317:	Applicant advised of his 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.

920318:	DD Form 214: Applicant discharged under honorable conditions (general) by reason of alcohol abuse rehabilitation failure.

Partial discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 920318 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, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

Issue 1.  A characterization of service of under honorable conditions (general) is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record.  The Applicant’s service was marred by award of nonjudicial punishment (NJP) on two occasions and his failure to complete alcohol rehabilitation.  No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service.   The Applicant’s successful completion of substance abuse rehabilitation programs after his active duty service does not provide a basis, in and of itself, for upgrading his characterization of service or for changing his narrative reason for separation.  Relief denied.

The Applicant’s discharge characterization accurately reflects his service to his country.  Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question.  No such error or inequity is evident 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.  The Naval Military Personnel Manual, (NAVPERS 15560C, effective 15 Aug 91 – 02 Mar 93), 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/A9217/A9223/A9221