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

Docket No. ND05-00363

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

FOR OFFICIAL USE ONLY 

ex-STG3, USN
Docket No. ND05-00363

Applicant’s Request

The application for discharge review was received on 20041227.  The Applicant requests the Discharge 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20051013.  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 and reason for discharge shall not change.  The discharge shall remain General (Under Honorable Conditions) by reason of alcohol rehabilitation failure.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“My discharge was inequitable because it was based on one isolated incident in 5 years 10 months, and 14 days of service with no other adverse action, and no time lost.”

Documentation

Only the service and medical records were reviewed.  The Applicant did not provide additional documentation for the Board’s consideration.

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (Dep)	19891515 - 19900624		COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19900625		Date of Discharge:  19960509

Length of Service (years, months, days):

	Active:    05  10  14
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:	None
	Confinement:			None

Age at Entry:  17

Years Contracted:  4 (24 month extension)

Education Level:  12				AFQT:  73

Highest Rate:  STG3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.5 (5)			Behavior:  3.6 (5)	OTA:  3.44

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  National Defense Service Medal, Good Conduct Medal, Sea Service Deployment Ribbon, Naval Reserve Sea Service Ribbon, Letter of Commendation, Letter of Appreciation

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

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

Chronological Listing of Significant Service Events: 

951021:	NJP.  No further information found in service record.  [Extracted from NAVPERS 1070/609.]

951226:	DAPA screen: Applicant was screened on 95126 due to an alcohol-related UA for 12 hours on 950916 (BAC unknown).  Tentatively recommend: Level III treatment at an inpatient rehabilitation facility for substance dependence.  Medical Officer or clinical psychologist evaluation to confirm alcohol dependence.  Recommend in the interim: attendance at 3 Alcoholics Anonymous (AA) meetings; weekly until treatment, referral to Family Service Center (FSC) for personal counseling.

960202:	Substance Abuse/Dependence Screen: Diagnosis: Substance dependence without physiologic dependence.  Recommendation: Level III (Substance Dependence inpatient course).

960319:	Applicant to NARC NAS Miramar, San Diego, CA.

960417:	Applicant from NARC NAS Miramar, San Diego, CA.

960509:	DD Form 214: Applicant discharged with a general (under honorable conditions) by reason of alcohol rehabilitation failure.

Service Record did not contain the Administrative Discharge package.
Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19960509 by reason of alcohol rehabilitation failure (A) with a service characterization of general (under honorable conditions).  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 (B and C).  The Board presumed regularity in the conduct of governmental affairs (D).

The Applicant contends that his discharge is inequitable because it is based on a single isolated incident in 5 years 10 months and 14 days of total service.  Applicable regulations require that a Sailor’s characterization of service be based upon the member’s total performance of duty and conduct during the current enlistment.  Furthermore, there are circumstances where conduct or performance of duty reflected by a single adverse incident may form the basis of characterization for a Sailor’s overall service.  The incident need not result in formal punishment to be properly used to characterize a Sailor’s service.  The NDRB did note that the Applicant’s service was marred by one nonjudicial punishment proceeding on 19951021. The Board applied the presumption of regularity of governmental affairs in the absence of a complete summary of service and discharge package.  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.

In this case, the NDRB presumed that the Applicant violated the terms of his alcohol rehabilitation program and that the discharge was proper and equitable. The Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue. The Applicant’s statements alone do not overcome the government’s presumption of regularity in this case.  Additionally, OPNAVINST 5350.4C states that mandatory administrative processing of members that incur an alcohol related incident at anytime during the screening and treatment process that resulted from a previous alcohol incident, even though treatment may not have been completed.  Based on the presumption of regularity, the Board unanimously concluded that the Applicant’s discharge was both proper and equitable.  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.  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, Change 9, effective 22 Jul 94 until 2 Oct 96), Article 3630550, SEPARATION OF ENLISTED PERSONNEL BY REASON OF ALCOHOL ABUSE REHABILITATION FAILURE

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, Para 211, Regularity of Government Affairs.

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