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Docket No. ND05-00645

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

FOR OFFICIAL USE ONLY

 ex-CS3, USN
Docket No. ND05-00645

Applicant’s Request

The application for discharge review was received on 20050304.  The Applicant requests the Narrative Reason for Separation be changed.  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 20050908.  After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the narrative reason of the Applicant’s service was discovered by the NDRB.  The Board’s vote was unanimous that the reason for discharge shall not change.  The discharge shall remain Honorable by reason of alcohol rehabilitation failure.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application and attached document/letter: 

“I can not use my GI Bill with the separation code on my DD-214 and I was not discharged because of alcohol failure.

Change of type of discharge from alcohol rehabilitation failure to convenience of the government.

Dear Board,

I respectfully request type of discharge be changed.  The type of discharge, I believe that I should have received convenience of government because I did not fail the alcohol treatment program.  I did not go to the after care program and this was a year prior to me being discharged.  Nothing was ever said about the alcohol program after I finished.  Following that I married my husband who was also stationed aboard the same ship as me and we were told that one of us had to leave the ship.  When they disapproved two people being married on the same ship and I was discharged.  I did not disagree with the discharge because they informed me that I was still entitled to my GI bill benefits.  I just now found out I can’t receive my benefits because of my discharge type.  When the military found out that I was married I then got discharged.

Respectfully yours,
T_ L_ J_ (Applicant)”

Documentation

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

DD Form 149, dtd November 4, 2004
Letter from Board for Correction of Naval Records, dtd January 24, 2005
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	20010226 - 20010311		COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20010312		Date of Discharge:  20040304

Length of Service (years, months, days):

	Active:    02  11  14
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  9 days
	Confinement:		  None

Age at Entry:  27

Years Contracted:  4 (12 month extension)

Education Level:  12				AFQT:  NA*

Highest Rate:  CS3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NA*				Behavior:  NA*		OTA:  NA*

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Navy and Marine Corps Achievement Medal, Sea Service Deployment Ribbon

* Not Available

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

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

Chronological Listing of Significant Service Events: 

020219:	Applicant to unauthorized absence at 0600 on 020219.

020225:	Applicant from unauthorized absence at 0600 on 020225.

020307:	NJP.  No further information found in service record.
	Award:  Forfeiture of $300 per month for 1 month, restriction and extra duty, reduction to E-1. No indication of appeal in the record.  [Extracted from P601-7R.]

020717:	Continuing Care Plan, signed by the Applicant, indicates that the Applicant completed Level III care and would remain in continuing care for the duration of the Applicant’s military service.  The Applicant was also informed that any further alcohol or drug-related incidents occurring in the Applicant’s career will normally be viewed as a corresponding rehabilitation failure and subject the Applicant to administrative separation.

020719:	Applicant released from treatment and assigned to a Continuing Care group at Addictions Rehabilitation Group 15.

020805:	Applicant to unauthorized absence at 0600 on 020805.

020806:	Applicant from unauthorized absence at 1730 on 020806.

020820:	Restriction and extra duty, forfeiture of pay and reduction in pay grade awarded at NJP on 020307 vacated due to continued misconduct.

020916:	Medical Department USS Kearsarge (LHD 3):  Applicant referred to department by chain of command for smelling of alcohol.  BAC .086.

020918:	Medical Department USS Kearsarge (LHD 3):  Applicant referred to department by chain of command for reporting late to work and smelling of alcohol.  BAC .18, legally impaired. 

030105:	Medical Department USS Kearsarge (LHD 3):  Applicant complains of hearing voices; thinks someone is out to get her.  Assessment:  ETOH withdrawal, mild-moderate.  Plan:  Patient admits to having an ETOH problem, but has not sought rehab as previously instructed.  Admits to cravings today.  Discussed with C.O.C/SMO.  Will keep on ward for close observation.  

040212:	Applicant to unauthorized absence at 0900 on 040212.  

040214:	Applicant from unauthorized absence at 0745 on 040214. 

040214:	Department of Psychiatry:  Impression: The patient is a 30-year-old female with a history of alcohol dependence and no prior psychiatric history who attempted suicide by drinking 6 oz of bleach on Wednesday 2/11/04.  She is currently contracting for safety and is remorseful for her recent actions.  Recommend relapse prevention workshop to be coordinated by command DAPA.  Recommend routine administrative separation on the basis of alcohol treatment failure.

040219:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service as honorable by reason of convenience of the government - alcohol rehabilitation failure.

040219:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

040304:	DD Form 214:  Applicant honorably discharged by reason of alcohol rehabilitation failure, authority: MILPERSMAN, Article 1910-152.

Service Record contains a partial 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 20040304 by reason of alcohol rehabilitation failure (A) with a service characterization of honorable.  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).    

The Applicant contends that she was not discharged for “alcohol failure” and that “nothing was said about the alcohol program after [she] finished.”  The Applicant completed treatment and was assigned to continuing care on 20020719 .  The Applicant was informed that she would remain in continuing care for the duration of her military service and that subsequent alcohol-related incidents could subject the Applicant to administrative separation.  The Applicant then had alcohol-related incidents on 20020916 and 20020918.  The Applicant was then notified of the Commanding Officer’s intent to recommend the Applicant’s separation by reason of “convenience of the government - alcohol abuse rehabilitation failure” on 20040219.  While the Board noted that the Applicant’s notification was technically in error due to Alcohol Rehabilitation Failure being included as a subset of convenience of the government, the Board found that the Applicant’s due process rights were not violated.  While the notification listed the reason as “convenience of the government – alcohol abuse rehabilitation failure,” the MILPERSMAN reference listed properly cited the reference for alcohol rehabilitation failure.  The Applicant was aware of the ramifications of violating continuing care and she violated her continuing care agreement on two occasions.  The Applicant's DD Form 214, Block 28, Narrative Reason for Separation, indicates she was separated for a Alcohol Rehabilitation Failure.  No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged.  To change the Narrative Reason Separation would be inappropriate.  Relief denied.

The Veterans Administration determines eligibility for post-service benefits not the Naval 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 is not warranted.

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  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