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NAVY | DRB | 1999_Navy | ND99-00136
Original file (ND99-00136.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND99-00136

Applicant’s Request
The application for discharge review, received 981102, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 991004. 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: UNDER HONORABLE CONDITIONS(GENERAL)/Alcohol Abuse - rehabilitation failure, authority: MILPERSMAN, Article 3630550.

The NDRB did note an administrative error on the original DD Form 214. Block 25, Separation Authority should read: “3630550” vice “3630620”. The original DD Form 214 should be corrected or reissued as appropriate.







PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. I am a 27 year old father of two. I love my children very much and am trying to better myself for them. I would like to continue my education and need financial assistance. Please concider my request and thank you for your time.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (4 copies)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     900227 - 900507  COG

 Period of Service Under Review :
Date of Enlistment: 900508               Date of Discharge: 910619

 Length of Service (years, months, days):

         Active: 01 01 12
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 10 GED           AFQT: 50

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)    Behavior: 2.80 (1)                OTA: 2.80

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: 8

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

UNDER HONORABLE CONDITIONS(GENERAL)/Alcohol abuse - rehabilitation failure, authority: MILPERSMAN, Article 3630550.
Chronological Listing of Significant Service Events :

900511:  Applicant briefed on Navy policy on drug and alcohol abuse.

901003:  NJP for violation of UCMJ, Article 92 (2 specs): (1) Fail to get off phone and report for night study, (2) Fail to get off phone when lounge was secured, violation of UCMJ, Article 134: Wrongful use of language.
         Award: Forfeiture of $150 per month for 1 month, restriction and extra duty for 7 days. No indication of appeal in the record.
901130:  Retention Warning: Advised of deficiency (Violation UCMJ Article 92: Failure to obey a lawful order, Article 134: Using indecent language.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910305:  Medical: Impression: (1) Chemical dependency (alcohol and marijuana), (2) Adjustment disorder NOS. Plan: (1) DAPA referral for level III ARS, (2) RTC or contact me if suicidal thoughts return.

910325:  Discharge diagnosis: (1) Alcohol dependence, (2) Muscle strain, left lower extremity, (3) Occupational problem (inability to adapt to military life), (4) Indigestion, resolved, (5) Marijuana abuse, by history of the member.

 910522:  NJP for violation of UCMJ, Article 86 (3 specs): Unauthorized absence from 05Apr91 to 09Apr91, 27Mar91 to 29Mar91, 17Apr91 to 18Apr91.
         Award: Forfeiture of $200 per month for 2 months, restriction and extra duty for 30 days. No indication of appeal in the record.
910528:  Discharge diagnosis: (1) Phase of life problem, (2) Alcohol dependence, (3) Polysubstance abuse, (4) Personality disorder.
910531:  Medical Screening confirmed drug/alcohol use/abuse.

910530:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to alcohol abuse rehabilitation failure as evidenced by your service record.
910530:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights. Applicant did not object to separation.

910619:  Commanding officer directed discharge under honorable conditions (general) by reason of alcohol abuse rehabilitation failure as evidenced by your service record. Commanding officers comments (verbatim): Based on SA (applicant) prior performance and his desire to leave the Navy, I feel that continued naval service would become detrimental to the needs of the service and thus command. I recommend that his characterization of service be general based on his work performance prior to discovery of his alcohol problem.

910619:  Applicant was offered VA treatment and declined.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 910619 under honorable conditions (general) due to alcohol abuse - 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 response to applicant’s issue 1, the Board has no obligation to change the applicant's discharge in order to allow him to go back to school.

There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct. At this time, the applicant has not provided any documentation of good character and conduct. Therefore no relief will be granted. The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge.

Pertinent Regulation/Law (at time of discharge)
A. The Naval Military Personnel Manual, (NAVPERS 15560C, effective 15 Jun 87 - 15 Aug 91), Article 3630550, SEPARATION OF ENLISTED PERSONNEL BY REASON OF ALCOHOL ABUSE REHABILITATION FAILURE.

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 Room 309
                  Washington, D.C. 20374-5023     

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