Author: CAP
Last saved by: joyce.meeks
Company: NCPB

Docket No. ND04-01458

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

 ex-AMAA, USNR (TAR)
Docket No. ND04-01458

Applicant’s Request

The application for discharge review was received on 20040917.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record review.  The Applicant did not list any representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20050511.  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 was a good sailor that followed orders & stayed out of trouble.  I was sent to rehab based off my past.  My counselor was unprofessional & disrespectful.  I was put out of rehab because I stated I was not an alcoholic.  There was no solid evidence to put me in rehab or receive a diagnoses of antisocial personality disorder.  Plus my Commander, would not grant me permission to get a second opinion.”

Documentation

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

Applicant’s DD Form 214
Letter from Applicant, undated (5 pages)
Evaluation Report & Counseling Record, dated 030607-030715 (2 pages)
NAVPERS 5350/3, Administrative Screening, undated (3 pages)
Letter from Applicant, undated (2 pages)
Letter from Applicant, undated (2 pages)
Department of Psychiatry Consultation Report, dated 030915, page 1 of 4.
NAVPERS 5350/3, Administrative Screening, undated (2 pages)
Substance Abuse Rehabilitation Program Continuing Care Plan, undated
Character Reference Letter, dated 041026
Letter to Applicant from L_, undated

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:  021115		Date of Discharge:  040220

Length of Service (years, months, days):

	Active:    01  02  05
	Inactive:  00  01  02

Age at Entry:  24			Years Contracted:  4 (12 months extension)

Education Level:  12			AFQT:  53

Highest Rate:  AMAA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NOB*			Behavior:  NOB		OTA:  NOB

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

Days of Unauthorized Absence:  None

*Not observed

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:

021217:	Applicant commenced active duty for a period of 60 months under the TAR Aviation Structural Mechanic Program.

030415:	NJP for violation of UCMJ, Article 112:  Drunk on duty on or about 030323.
	Award:  Forfeiture of $268.00 pay per month for 1 month, restriction and extra duty for 14 days.  No indication of appeal in the record.

030415:	Retention Warning:  Advised of deficiency (OIC’s nonjudicial punishment on 030415 for VUCMJ Art 112, drunk on duty), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

030915:	Medical Screening:  Applicant diagnosed Axis I:  V62.2 Occupational problem, 303.90 Alcohol dependence with physiologic dependence, Axis II Antisocial personality disorder.  Applicant psychiatrically fit for full duty, recommendation for routine administrative separation based on a longstanding disorder of character and behavior that is so severe that the member’s ability to function effectively in the Naval environment is significantly impaired and interferes with the member’s performance of duty.  Applicant directed to report to the command DAPA for scheduling of treatment of alcohol dependence.

040126:	Applicant admitted to Substance Abuse Rehabilitation Program (SARP), Naval Medical Center, Portsmouth (NMCP), Norfolk, VA.

040204:	Medical Screening:  Applicant diagnosed Axis I:  Alcohol dependent, Nicotine dependent. Applicant discharged this date from SARP at NMCP.  Treatment terminated due to noncompliance.

040205:	Applicant notified of intended recommendation for discharge by reason of alcohol abuse rehabilitation failure.  Applicant notified that the least favorable characterization of service possible is general (under honorable conditions).

040205:	Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27(b), elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

040213:	Commanding Officer recommended discharge with a general (under honorable conditions) by reason of alcohol abuse rehabilitation failure.

Complete discharge package unavailable

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20040220 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 presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (D).

Issue 1.  Normally, to permit relief, an impropriety or inequity must have existed during the period of enlistment in question.  No such impropriety or inequity is evident during the Applicant’s enlistment.  Under applicable regulations, separations based on alcohol rehabilitation failure should be honorable unless a general (under honorable conditions) or an entry-level separation is warranted.  A general discharge may be warranted if the Applicant’s service contains records of nonjudicial punishments, disciplinary actions, or if other significant negative aspects existed, which outweighed the positive aspects of the member’s period of service.  Additionally, a general discharge may be warranted if the Applicant’s performance evaluation averages are not sufficient to merit an honorable discharge.  The Applicant’s record contains one instance of nonjudicial punishment proceedings for a violation of Article 112 of the UCMJ for being drunk on duty.  Furthermore, the Applicant was diagnosed as alcohol dependent by competent medical authority.  Despite this diagnosis, the Applicant was discharged from alcohol rehabilitation treatment due to his own noncompliance.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy.  Such conduct falls far short of that expected of a member of the U.S. military and does not meet the requirements for an upgrade of his characterization of service.  Relief is not warranted.

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 Naval service.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.  As of this time, the Applicant has not provided sufficient documentation for the Board to consider.  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), re-issued October 2002, effective 22 Aug 2002 until Present, Article 1910-152 (formerly Article 3630550), SEPARATION BY REASON OF ALCOHOL ABUSE REHABILITATION.

B.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, 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 “http://Boards.law.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:

		Secretary of the Navy Council of Review 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.