Author: CAP
Last saved by: shirley.robertson
Company: NCPB

Docket No. ND03-01160

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

ex-SK2, USN
Docket No. ND03-01160

Applicant’s Request

The application for discharge review was received on 20030625.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests 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 20040812.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  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, as stated

Applicant’s issues, as stated on the application:

1.  “I believe my discharge was improper.  I was discharged for Alcohol Rehabilitation Failure.  I was not aware of the additional change of being intoxicated on the Firing Range.  I was definitely NOT intoxicated on the firing range.  The blood test was .01 and the Corpsman at the hospital said that it could have been anything from the alcohol swab used to draw blood to shaving lotion or even mouthwash.  I am not disputing the discharge for Rebab failure because I did have 4 beers the evening before going to the firing range.  The last beer I had was at approximately 2030 and I arrived at the firing range at approximately 0715 the next morning.  I was not given the opportunity for a Breathalyzer test on the firing range at approximately 0800 when I was confronted by BUC W_ W_.  I was transported to the hospital at approximately 1000 for a blood test. I was given the results of the test, .01.  If I had known that I was being discharged for being intoxicated on the firing range, I definitely would have challenged it.  I had plenty of witnesses.  JAG was not offered to me at any time.

All I'm asking for is that my discharge to be upgraded to Honorable so that I may seek better employment and educational opportunities.

Thank you for your time,

C_ M. B_ (Applicant)
(Applicant's address deleted)
(Applicant's telephone number deleted)”

Documentation

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

Statement from Applicant, dated June 16, 2003
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	941114 - 950801	COG
	Active:   USN 			950802 - 000626	HON

Period of Service Under Review:

Date of Enlistment:  000627		Date of Discharge:  020903

Length of Service (years, months, days):

	Active:    02  02  07
	Inactive:  None

Age at Entry:  23			Years Contracted:  3

Education Level:  12			AFQT:  47

Highest Rate:  SK2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.75 (4)	Behavior:  2.75 (4)		OTA:  2.97

Military Decorations:  GCA, PMR

Unit/Campaign/Service Awards:  NUC, NER, NDSM (2), AFEM, SSDR (2)

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:

011030:	Alcohol dependency screening: A/P: ETOH dependency.  Low risk of withdrawal sx.  (1) Residential treatment would be appropriate.  (2) Return to CAAC/DAPA.

020128:	Applicant entered into partial hospitalization at the Naval Addictions Rehabilitation and Education Department (NARED) with a diagnosis of alcohol dependence.

020219:	Applicant discharge from NARED.  Diagnsosis: Alcohol dependence.  Applicant to be placed in one year recovery program.

020828:	Commander, THIRTIETH Naval Construction Regiment directed the Applicant's discharge with a general (under honorable conditions) by reason of alcohol abuse rehabilitation failure.

Parts of Applicant’s discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020903 with a general (under honorable conditions) due to alcohol rehabilitation failure (A).   After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C).  The Board applied the presumption of regularity of governmental affairs in this case in the absence of a complete discharge package (D).

Issue 1:  Applicant contends his discharge was the result of an alcohol incident at the shooting range.  Applicant was discharged under the provisions of MILPERSMAN 1910-152, Alcohol Rehab Failure.  The record indicates that at the time of Applicant’s discharge, he had been diagnosed as alcohol dependent and he was participating in an alcohol treatment aftercare program.  The record further indicates that Applicant admitted to violating this program by drinking four beers the night prior to the shooting range incident.  

In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge proper and equitable. A characterization of service of general (under honorable conditions) is warranted when significant negative aspects of the member’s conduct or performance of duty outweigh positive aspects of the member’s service record.  The Applicant’s willful violation of his aftercare program clearly reflects the Applicant’s disobedience of the orders and directives that regulate good order and discipline in the naval service, and demonstrated he was unsuitable for further service. An upgrade to honorable would be inappropriate.  Relief denied.

The Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board.  There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.  Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities.  Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.  Relief denied.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.  The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time.  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 27, effective 
27 Mar 2000 until 21 Aug 2002, 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 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

C.  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.

D.  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.  

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.