DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
TRG
Docket No: 7443-01
28 February 2002
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
CORD OF
(a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the Navy
Board requesting-that his record be corrected to show a better
characterization of service than the discharge under other than
honorable conditions issued on 19 May 1986.
filed enclosure (1) with this
The Board, consisting of Mr. Milner, Mr. Cooper and Ms.
2.
Nofziger, reviewed Petitioner's allegations of error and
injustice on 20 February 2002 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.
Documentary material
The Board, having reviewed all the facts of record pertaining
3.
to Petitioner's allegations of error and injustice, finds as
follows:
a.
Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b.
Although it appears that Petitioner's
appli.cation was
not filed in a timely manner,
waive the statute of limitations and review the application on
its merits.
it is in the interest of justice to
Petitioner reenlisted in the Navy on 7 May 1984 at age
C .
24.
At that time he had completed four years of active service
on his prior enlistment.
nonjudicial punishment for disobedience of an order to attend a
Level III alcohol rehabilitation program.
In a performance
evaluation for the period 18 July 1985 to 7 April 1986 he was
assigned adverse marks of 1.0 in reliability, 2.0 in personal
behavior, and 2.8 in three other categories.
evaluation was 2.8.
The evaluation comments state that alcohol
On 7 April 1986, he received
The overall
related incidents had resulted in involvement with civilian
police and judicial authorities.
d.
Based on Petitioner's disobedience, he was processed for
an administrative discharge by reason of misconduct due to
commission of a serious offense.
In connection with this
processing, he elected to waive the right to have his case heard
by an administrative discharge board.
In his recommendation for
separation, the commanding officer stated, in part, as follows:
.
. He has been diagnosed as alcohol dependent but has
.
vehemently refused treatment.
concern for his own condition as well as a steady
downward spiral in performance.
relied upon to perform even the simplest of duties.
He displays a lack of
He can no longer be
Subsequently, the commanding officer responded to a request from
the discharge authority by confirming that the disobedience was
Petitioner's refusal to attend an alcohol rehabilitation program.
The commanding officer also stated that Petitioner had
acknowledged that he understood the consequences of his refusal.
On 19 May 1986 the discharge authority directed discharge under
other than honorable conditions by reason of misconduct and he
was so discharged that same day.
e.
Regulations state that individuals who have been
diagnosed as alcohol dependent and refuse treatment are
considered to be alcohol rehabilitation failures and can be
processed for discharge for that reason.
for this reason must receive either an honorable or general
discharge as is warranted by the service record.
However,
processing for discharge under other than honorable conditions by
reason of misconduct is allowed in appropriate cases.
Individuals discharged
CONCLUSION:
The Board notes that Petitioner had a very severe
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
problem with alcohol dependence and could also have been
processed for discharge due to alcohol rehabilitation failure. If
he had been so processed,
general discharge.
that in retrospect, a discharge under other than honorable
conditions was too severe.
the discharge should now be recharacterized to general.
was properly processed for discharge by reason of misconduct, the
Board further concludes that a change in the reason for discharge
is not warranted.
he would probably have been issued a
Given the circumstances, the Board believes
Therefore, the Board concludes that
Since he
2
RECOMMENDATION:
a.
That Petitioner's naval record be corrected to show that
on 19 May 1985 he was issued a general discharge by reason of
misconduct vice the discharge under other than honorable
conditions actually issued on that date.
That this Report of Proceedings be filed in Petitioner's
b.
naval record.
That the Department of Veterans Affairs be informed on
C .
request that Petitioner's application was received by the Board
on 26 September 2001.
It is certified that a quorum was present at the Board's
4.
review and deliberations,
and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D. ZSALMAN
Recorder
~;~~;--~~
ALAN E.
Acting Recorder
GCLDSMITH --
Pursuant to the delegation of authority set out in Section
5 .
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section 723.6(e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a),
has been approved by the Board on
behalf of the Secretary of the Navy.
w'3.w
F-W. DEAN PFEIFFER
Executive Director
3
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