Title: DEPARTMENT OF THE NAVY
Author: CAP
Last saved by: joyce.meeks
Company: NCPB

Docket No. ND06-01169

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

Docket No. NDXX-00000

ex-ENFN, USN
ND06-01169

Current Discharge and Applicant’s Request:

Application Received:  				20060914
Characterization of Service:			GENERAL (UNDER HONORABLE CONDITIONS)*
Narrative Reason for Separation:			ALCOHOL REHABILITATION FAILURE*
Discharge Authority:				MILPERSMAN 3630550
Last Duty Assignment/Command at Discharge:	USS JOHN L. HALL

Applicant’s Request:	
	Characterization change to:		HONORABLE
	Narrative Reason change to: 		NONE REQUESTED
	Review Requested:			DOCUMENTARY REVIEW
	Representation:				NONE DESIGNATED
Applicant’s Issues:
	1. Desire to reenlist.
	2. Post-service conduct.

Decision:

By a vote of 5-0 the Characterization shall remain GENERAL (UNDER HONORABLE CONDITIONS).*
By a vote of 5-0 the Narrative Reason shall remain ALCOHOL REHABILITATION FAILURE.*

Date of Decision:					20070809
Location of Board:				Washington D.C.
Complete Service Record:				YES
Complete Medical Record:			YES
Complete Discharge Package:			YES

Regarding propriety, the Board found the discharge:	PROPER*
Regarding equity, the Board found the discharge:	EQUITABLE*

Issue 1: This is either an Issue which the Board cannot form the basis of relief for the Applicant, or one that the Board does not have the authority to grant the relief for which the Applicant petitioned.  The Applicant is directed to the Addendum regarding this Issue.

Issue 2 (Equity).  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.  The NDRB is authorized to consider outstanding post-service factors in the recharactenzation of a discharge to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  Verifiable proof of post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge.  At this time, the Applicant has not provided sufficient documentation for the Board to consider an upgrade.

In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant.  After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Medical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge proper and equitable.*

*The Board reviewed the Applicant’s discharge as it is reflected on his DD 214.  However, the Board noted that the DD 214 did not accurately reflect the discharge as approved by BUPERS.  On 19960717, acting upon the recommendation of the Commanding Officer, USS JOHN L.  HALL, I3UPERS directed the Applicant’s discharge for misconduct due to a pattern of misconduct with a characterization of service as under other than honorable conditions.  The Applicant had been properly 

notified of, and acknowledged rights regarding, separation for this reason.  Applicant had also been properly notified of administrative separation for reasons of misconduct due to drug abuse, and alcohol abuse rehabilitation failure.  Of the three, BUPERS determined that pattern of misconduct was the most appropriate reason for discharge.  At this point, the Applicant should have been discharged under other than honorable conditions for misconduct due to a pattern of misconduct per the BUPERS decision.  He was not.  On 19960701, the Applicant had been assigned temporary duty to Destroyer Squadron SIX for his pending separation.  The Commander, Destroyer Squadron SIX, apparently unaware of the BUPERS decision, notified the Applicant on 19960813 of administrative separation for the reason of alcohol abuse rehabilitation failure, and authorized a general discharge for that reason on 19960826.  While the DD 214 accurately reflects this action, the Board considered this action to be in error, as appropriate higher authority had previously directed discharge under other than honorable conditions for reason of misconduct due to a pattern of misconduct.  Therefore, the Board will recommend to the Commander, Navy Personnel Command, that the Applicant’s DD 214, Blocks 24, 25, 26 and 28 be corrected as follows:

Block 24, Character of Service, should read: “UNDER OTHER THAN HONORABLE CONDITIONS”
Block 25, Separation Authority, should read: “MILPERSMAN 3630600”
Block 26, Separation Code, should read: “HKA”
Block 28, Narrative Reason for Separation, should read: “PATTERN OF MISCONDUCT”

Summary of Service:

Prior Service:
Inactive: USNR (DEP)				19880212-19880717 COG
Active:   USN					19880718-19911015 HON

Period of Service Under Review:
Date of Enlistment:  				19911016
Years Contracted:  				6;  NO EXTENSION
Date of Discharge:				19960905
Length of Service					04  Yrs  10  Mths  20  Dys  (Does not exclude lost time)
Time Lost During This Period:			NONE 
Education Level:  				12
Age at this Enlistment:  				24
AFQT:  						34
Highest Rate/Rank:				EN3
Performance Evaluation Averages (number of marks):
	19911016 - 19950630 (4.0 scale):  Performance: 3.8 (5)	Behavior: 3.8 (5)		 OTA: 3.8 (5)
	19950630 - 19960701 (5.0 scale):  Performance: 1.5 (2)	Behavior 1.5 (2)		OTA: 1.75

Awards and Decorations (as listed on the DD Form 214):  ARMED FORCES SERVICE MEDAL, GOOD CONDUCT MEDAL, (2) SEA SERVICE DEPLOYMENT RIBBON, SOUTHWEST ASIA SERVICE MEDAL, BATTLE"E", COAST GUARD SPECIAL OPS, NAVY UNIT COMMENDATION, NATIONAL DEFENSE SERVICE MEDAL, .45 PISTOL(SS), KUWAIT LIBERATION MEDAL, MERITORIOUS UNIT COMMENDATION

Service Record Entries Related to Characterization of Service or Narrative Reason for Separation

19911016:	Reenlisted this date for a term of 6.years

19930812:	Applicant to unauthorized absence at 0730.

19930812:	Applicant from unauthorized absence at 0755 (25 minutes).

19930922:	NJP for violation(s) of UCMJ, Article 86: Absence without leave; Article 92: Failure to obey order or regulation.  Award:  Forfeiture of $100.00 for 1 month.

19940105:	NJP for violation(s) of UCMJ, Article 113: Misbehavior of sentinel or lookout.  Award:  Forfeiture of $100.00 for 1 month, extra duty for 5 days.

19950427:	NJP for violation(s) of UCMJ, Article 92: Failure to obey a lawful order; Article 92: Dereliction of duties; Article 111: Drunken driving.; Article 134: Drunkeness incapacitation of performance of duties (dismissed).
	Article 134: Disorderly conduct, drunkenness.
	Award:  Forfeiture of $100.00 for 2 months, restriction and extra duty for 45 days, reduction to E-3 (suspended for 6 months).

19950818:	Medical Record:  Reason for visit:  Evaluation for alcohol dependence.
	Diagnosis:  Psychological ETOH dependence.
	Recommendation:  Level III ETOH rehabilitation.

19951020:	Medical Record:  Reason for visit:  Inpatient alcohol rehabilitation from 19950920 - 19951020.
	Diagnosis:  Alcohol dependence.
	Recommendation:  Full duty, AA meeting four times a week for one year, aftercare through command, administrative separation if alcohol and drug related incidents after discharge from treatment, abstain from alcohol.

19951109:	Retention Warning regarding alcohol dependence.

19960412:	Applicant arrested in Westmoreland County, TN for personal injury motor vehicle accident while driving under the influence of alcohol.

19960416:	Applicant missed Aftercare Support Group (ASG).  To date, has attended one out of two ASG sessions.

19960509:	NJP for violation(s) of UCMJ, Article Ill, Drunken driving; Article 112a, Cocaine possession.  Award:
Forfeiture of $550.00 for 2 months, restriction and extra duty for 45 days, reduction to E-3.

Elements of Discharge:  [INVOLUNTARY]

Date Notified:					19960617
Reason for Discharge				MISCONDUCT  DUE TO:  DRUG ABUSE
						ALCOHOL ABUSE REHABILITATION FAILURE
						MISCONDUCT  DUE TO:  A PATTERN OF MISCONDUCT
Least Favorable Characterization:			UNDER OTHER THAN HONORABLE CONDITIONS

Date Applicant Responded to Notification:		19960617
Rights Elected at Notification:
Consult with Counsel			NO ELECTION INDICATED IN ACKNOWLEDGEMENT
Administrative Board			WAIVED
Obtain Copies	  			ELECTED
Submit Statement(s) (date)			WAIVED 
GCMCA Review				NOT APPLICABLE
					
Recommendation of Commanding Officer (date):	UNDER OTHER THAN HONORABLE CONDITIONS  (19960621)
Applicant TEMDU to COMDESRON SIX:		19960701

Separation Authority (date):		BUPERS WASHINGTON DC  (19960717)
              Narrative reason directed:				PATTERN OF MISCONDUCT
              Characterization directed:		UNDER OTHER THAN HONORABLE CONDITIONS

Date Notified (by COMDESRON SIX):			19960814
Reason for Discharge:					ALCOHOL ABUSE REHABILITATION FAILURE
Least Favorable Characterization:				GENERAL (UNDER HONORABLE CONDITIONS)

Date Applicant Responded to Notification:			19960614
Rights Elected at Notification:
Consult with Counsel				WAIVED
Administrative Board				NOT APPLICABLE
Obtain Copies					ELECTED
Submit Statement(s) (date)			WAIVED
GCMCA Review					ELECTED

Recommendation of Commanding Officer (date):		N/A (LOCAL SEPARATION) (19960621)
Separation Authority (date):				COMDESRON SIX (19960828)
		Narrative reason directed:				ALCOHOL REHABILITATION FAILURE
		Characterization directed:				GENERAL (UNDER HONORABLE CONDITIONS)

Date Applicant Discharged:				19960905

Additional Information Considered by Board

Type of documentation submitted by the Applicant and considered by the Board
       
       	Document Type					#Pages
       Related to Period of Service Under Review:
	Service/Medical Record:				1     
	Other Period of Service:				0     
       Related to Post-Service Period:
	Community Service:				0     
	Education:					0     
	Employment:					1     
	Health/Medical:					     
	Character Statements:				     
	Criminal Records Checks:				     
	Additional Statements from Applicant:		1     
        Other Documentation	 (Describe Below)		0     

        Total Number of Pages:				3     

       Description of Other Documentation:

Pertinent Regulation/Law

A.  Naval Military Personnel Manual, (NAVPERS 15560C, Change 9, effective 22 July 1994 until 2 October 1996), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT - PATTERN OF MISCONDUCT.

B.  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 V, Para 502, Propriety and Para 503, Equity.

ADDENDUM:  Information for the Applicant

Complaint Procedures:  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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction.  You should read Enclosure (5) of the Instruction 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 Instruction 1332.28 and other Decisional Documents by going online at “http://Boards.law.af.mil”.

Additional Reviews:  Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the 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 additional evidence related to this discharge.  Representation at a personal appearance hearing is recommended but not required.  If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

Service Benefits:  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.

Employment/ Educational Opportunities:  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 of the propriety and equity of the discharge.  

Reenlistment/ RE-code:  Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.  Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.  An unfavorable “RE” code is, in itself, not a bar to reenlistment.  A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.

Medical Conditions and Misconduct:  DoD disability regulations do not preclude a disciplinary separation.  Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons.  Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended.  The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings.  If the action includes either a punitive or administrative discharge for misconduct, the medical board report is filed in the member’s terminated health record.  Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD.”  Only the Board for Correction of Naval Records can grant this type of narrative reason change.  

Automatic Upgrades - 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 may 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.  

Issues Concerning Bad-Conduct Discharges (BCD) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief.  With respect to a discharge adjudged by a court-martial, the action of the NDRB is restricted to upgrades based on clemency.  Clemency is an act of leniency that reduces the severity of the punishment imposed.  

Board Membership:  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