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NAVY | DRB | 1999_Navy | ND99-00042
Original file (ND99-00042.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND99-00042

Applicant’s Request
The application for discharge review, received 981006, requested that the reason for the discharge be changed to "mutual agreement of contract termination". The applicant requested 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 990927. After a thorough review of the records, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: UNCHARACTERIZED/ ALCOHOL REHABILITATION FAILURE, authority: MILPERSMAN, Article 1910-152 (formerly Article 3630550).


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. I must dispute the reason for my Naval discharge as Alcohol Rehabilitation failure on the grounds it is incorrect. I never entered alcohol treatment and was discharged based on the dispute of my highly unprofessional and untrue diagnosis of an alcoholic. I was drunk one time about 2 weeks out of boot camp in a bonding of friendship with my 2 new roommates. Granted my behavior was sickening, and deserved the punishment which I received which consisted of a fine, stripped of E-2 and placed in restriction. Never was there an incidence of alcohol abuse in my short time in the Navy other than that one evening. The 3 months I was in the Navy after the incident never was I drunk of reprimanded for any alcohol violation. I was appalled by the label of an alcoholic and disputed it with the head DAPA counselor's and the Lt. At OIC mast and a Chaplain. If I were an alcohol dependent person how could I have been incident free but once a therapist, rather a counselor Petty Officer made her diagnosis after 1 interview. Nobody was willing to help me change the label. I was willing to compromise and seek some treatment to save my desired military career. I have never exhibited any substance dependence or been arrested, fired or hospitalized ever for any substance abuse or use. I wanted to stay in the Navy, but was told I would lose my prestigious job and security clearance because of my untrustworthy label. I was given the choice to admit to being an alcoholic and be hospitalized or leave the Navy. I felt powerless and abandoned by an institution I wished to be a part of. I never was nor am an alcoholic nor failed any rehabilitation effort. I was given 2 drug tests in the Navy and an additional 1 prior to joining and was clean on all accounts. I sincerely ask the board to change my reason for discharge to mutual agreement of contract termination or another appropriate reason. Thank You.

 Documentation
Only the applicant's military service record was considered, as the applicant did not provide additional documentation.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USA                        9606?? - 9607??  ELS
         Inactive: USNR (DEP)     970609 - 970702  COG

 Period of Service Under Review :
Date of Enlistment: 970703               Date of Discharge: 971223

 Length of Service (years, months, days):

         Active: 00 05 21
         Inactive: None

 Age at Entry: 25                          Years Contracted: 4

 Education Level: 14                        AFQT: Not available

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOS                           Behavior: 1.0 (1)                 OTA: 1.0

 Military Decorations: None

 Unit/Campaign/Service Awards: Sharpshooter (M-16A1(C) Ribbon

Days of Unauthorized Absence: None

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

UNCHARACTERIZED - ENTRY LEVEL SEPARATION/ALCOHOL REHABILITATION FAILURE, authority: MILPERSMAN, Article 1910-152 (formerly Article 3630550).
Chronological Listing of Significant Service Events :

971016:  NJP for violation of UCMJ, Article 134: drunk and disorderly.
         Award: Forfeiture of $194.00 per month for 1 month, restriction and extra duty for 14 days, reduction to E-1. No indication of appeal in the record.
971006:  Medical Screening (ARD Great Lakes): 25 year old white male with 3 months active duty. Substance history - pt drinks 8 - 12 beers four times a week. Pt states he has been drinking since age 18. Several occasion of blackouts within the last year. Pt states he spends $160.00 a week on alcohol. Admits drinking & driving. Admits getting into a car accident prior to coming into the Navy. Treatment history - none.
         IMPRESSION: Pt does meet 4 of 7 DSM IV criteria - (1) tolerance, (2) loss of control...., (3) emotional behavioral.......

971028:  Applicant offered but declined in-patient treatment at Level III Treatment Facility (ARC/ARD).

971028:  Applicant notified of intended recommendation for discharge with general (under honorable conditions) by reason of alcohol abuse rehabilitation failure as evidenced by applicant's refusal to participate in a level III treatment program.
971028:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
971106:  Commanding Officer, SSC, Great Lakes, advised BUPERS that the applicant was approved for discharge with an uncharacterized service - entry level separation by reason of alcohol abuse rehabilitation failure as evidenced by applicant's refusal of treatment. Commanding officer’s comments (verbatim): "Enclosures (1) through (4), support subject administrative separation. SR (Applicant)'s misconduct is summarized above and he has clearly demonstrated no potential for further useful naval service. On 6 October 1997, SR (Applicant) was diagnosed by a medical doctor as being alcohol dependent. After being counseled by his department drug and alcohol program advisor regarding the consequences of declining such treatment, SR (Applicant) elected to decline a Level III treatment program. I consider him to have no further potential for useful naval service. I direct Personnel Support Activity Detachment, Great Lakes separate SR (Applicant) from the naval service with a discharge characterized as an Entry Level Separation."

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 971223 with an uncharacterized service (entry level separation) alcohol rehabilitation failure (A). The Board presumed regularity in the conduct of governmental affairs (B). After a thorough review of the records, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

In issue 1, the applicant states that he “disputes the reason for my Naval discharge as Alcohol Rehabilitation failure on the grounds it is incorrect”. However, the Navy Military Personnel Manual, (NAVPERS 15560C), Change 18, Article 1910-152, Separation By Reason Of Alcohol Abuse Rehabilitation, states members may be separated when they lack potential for continued service and demonstrate an inability or refusal to participate in, cooperate in, or successfully complete a Level II or III rehabilitation treatment program. The applicant was offered but declined in-patient treatment at a Level III Treatment Facility. The Board will not grant relief on this issue. The applicant also states that his diagnosis as an alcoholic was “unprofessional and untrue”. The applicant was diagnosed by a competent medical authority as meeting DSM IV criteria. Relief will not be granted.

The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (E). The applicant must be aware that 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 the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, 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, may be considered by the NDRB. The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended .

Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 97 until Present, Article 1910-152 (formerly Article 3630550), SEPARATION BY REASON OF ALCOHOL ABUSE REHABILITATION.

B. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

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 obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809

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:

                  Naval Council of Personnel Boards
                  Attn: Naval Discharge Review Board
                  Washington Navy Yard
                  720 Kennon Street SE Rm 309
                  Washington, D.C. 20374-5023     

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