Search Decisions

Decision Text

NAVY | DRB | 1999_Navy | ND99-00382
Original file (ND99-00382.rtf) Auto-classification: Denied


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

ex-EMFN, USN
Docket No. ND99-00382

Applicant’s Request
The application for discharge review, received 990115, requested that the characterization of service on the discharge be changed to Honorable and the reason for the discharge also be changed. The applicant requested a personal appearance hearing, discharge review. The applicant listed DISABLED AMERICAN VETERANS as his representative on the DD Form 293.

Decision

A personal appearance hearing was conducted in Washington, D.C. on 000314. After a thorough review of the records, supporting documents, 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: GENERAL (UNDER HONORABLE CONDITIONS)/ALCOHOL REHABILITATION FAILURE, authority: MILPERSMAN, Article 3630550.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.       My average conduct and efficiency ratings & marks were good.
2.       My record of promotion showed I was generally a good service member.
3.       I was so close to finishing my tour that it was unfair to give me a general under honorable discharge.
4.       My record of NJP/Article 15s indicates only isolated or minor offenses.
5.       My use of alcohol impaired my ability to serve.
6.       My ability to serve was impaired because I couldn't speak English very weel.
7.       I requested an early out and it was denied.
8.       The Navy did not rehab before discharge

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, were considered:
Letter from applicant
Employment reference letters (2)
Resume
Transcript from Westchester Community College (2pgs)
Copy of DD Form 214
Copy of letter to American Veterans Administration dated May 23, 97
Copy of Court Memorandum & Order dtd Dec 5, 1996 denying Applicant Unemployment insurance benefits
Service record entries, including command certificates (29 pages) [Applicant's service record contains these entries].
Bronx Municipal Hospital Center's ltr of Nov 10, 81, concerning Applicant's father
Certificate of Completion, Outpatient substance Abuse Residential Treatment Program, F.D. Roosevelt VA Hospital, Montrose, NY, dtd 27 Feb 97
Marriage Certificate dtd Aug 28, 1996
Reference letter of May 21, 1997 from C__ S__-B___
Voter Registration Notice from Westchester County Board of Elections, White Plains, N.Y.
Resume
Reference letter of 16 Sep 96 from W__ L__ Electric Company, Inc
Reference letter of 27 Sep 96 from W__ L__ Electric Company, Inc
Employment verification from Promptus Electronic Hardware, Inc., dtd 3 Jun 97
Certificate of Naturalization dtd June 14, 1996

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):
         Active: USN               None
         Inactive: USNR (DEP)     901030 - 910310  COG

 Period of Service Under Review :
Date of Enlistment: 910311               Date of Discharge: 950302

 Length of Service (years, months, days):

         Active: 03 11 20
         Inactive: None

 Age at Entry: 27                          Years Contracted: 4

 Education Level: 12                        AFQT: 50

 Highest Rate: EMFN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.80 (2)    Behavior: 3.60 (2)                OTA: 3.90

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR

Days of Unauthorized Absence: 2

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

GENERAL (UNDER HONORABLE CONDITIONS)/ALCOHOL REHABILITATION FAILURE, authority: MILPERSMAN, Article 3630550.
Chronological Listing of Significant Service Events :

911204:  Retention Warning: Advised of deficiency (conduct due to an alcohol related personal injury), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

920112:  Successfully completed Level II Drug and Alcohol Abuse Program.

930923:  Retention Warning: Advised of deficiency (Violation of UCMJ, Article 134: knowingly and unlawfully contributing to the delinquency of minors by providing alcoholic beverages to the minors. Although charge was dismissed, applicant warned against further infractions under the UCMJ), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

940115:  Retention Warning: Advised of deficiency (Violation of UCMJ, Article 86: (2 specs): UA from unit from 0730 to 1120, 940116 and 2100, 940116 to 1000, 940119, and Violation of UCMJ, Article 134: wrongfully use provoking words toward a PO1 and PO2 on 940107, and Violation of UCMJ, Article 134: Drunk and disorderly, which conduct was of a nature to bring discredit upon the armed forces), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

940210:  NJP for violation of UCMJ, Article 86: (2 specs): UA from unit from 0730, 940116 to 1120, 940116, and 2100, 940116 to 1000, 940119, violation of UCMJ Article 117: Wrongfully use provoking words towards a PO1 and PO2 on 940117, violation of UCMJ Article 134: Drunk and disorderly, which conduct was a nature to bring discredit upon the Armed Forces.
         Award: Forfeiture of $466 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.
941006:  NJP for violation of UCMJ, Article 134: (2 specs): Indecent assault and disorderly conduct on 940924.
         Award: Forfeiture of $200 per month for 2 months, restriction and extra duty for 30 days. "NJP awarded while member attached to a vessel" No indication of appeal in the record.

941109:  Substance Abuse Incident Report: DAPA's letter to Applicant's commanding officer advised method of identification was due to 940924 incident while on fly away team. Applicant awarded NJP by C.O. Alcohol was contributing factor. Prior incidents were 9108 emergency room visit ETOH related BAC .201%, 920817 CTO intoxicated BAC .224%, 940107 CTO for public intoxication. Applicant completed Level II 911204, completed aftercare 921204, will have to extend to be eligible for treatment. Medical officer's recommendation: 930111 - not dependent - repeat Level II. DAPA recommendation: Administrative separation - member does not intend to extend for treatment. DAPA's present actions: If retained and extends for treatment, DAPA will have CAAC reevaluate member and send to recommended treatment. Commanding Officer approved DAPA's recommendation on 941110.

941109:  Applicant notified of intended recommendation for discharge with under Other Than Honorable conditions by reason of misconduct due to Commission of a serious offense and alcohol abuse rehabilitation failure as evidenced by punishment under the UCMJ, on 941006.
941109:          Applicant advised of his rights and having consulted with counsel certified under UCMJ, Article 27B, elected to appear before an Administrative Discharge Board.
941112:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had not committed misconduct due to commission of a serious offense but had committed alcohol abuse rehabilitation failure, and recommended that he be discharged with a General (under Honorable conditions).

950202:  Commanding officer recommended discharge with General (under Honorable conditions) by reason of misconduct due to Commission of a serious offense and alcohol abuse rehabilitation failure. Commanding Officer’s comments (verbatim) :EMFN N___ has received NJP twice for alcohol related incidence's. After the first incident, he was afforded the opportunity to participate in Level II rehabilitation. I offered him further treatment after this second incident, but he declined to accept the treatment because he would have to extend his service obligation. EMFN N____ shows no further potential for military service and I recommended discharging him with a General discharge.

950216:  BUPERS directed the applicant's discharge by reason of alcohol abuse rehabilitation failure with a characterization of service as type warranted by service record.
981005:  NDRB documentary record review Docket Number ND98-00015 conducted. Determination: discharge proper and equitable; relief not warranted.


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 950312 with a General (under Honorable conditions) (A). The Board presumed regularity in the conduct of governmental affairs (B). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

In the applicant’s issues 1 and 2, the Board determined these issues are without merit. The applicant states his average conduct and efficiency ratings and marks were good and he was generally a good service member. The Board did not dispute these issues but determined his discharge was based on his alcohol abuse and rehabilitation failure and not job performance. The applicant had two retention warnings for alcohol related incidents after completion of Level II alcohol treatment. Subsequently, he had two NJP’s for alcohol related incidents, before being recommended for administrative separation. Even though the applicant’s performance markings indicated he was able to perform his job while still abusing alcohol, his Commanding Officer felt it necessary to separate the applicant from military service because of his misconduct. The discharge was proper and equitable. Relief denied.

In the applicant’s issue 3, the Board determined this issue is without merit. It is true the applicant was discharged 8 days prior to his EAOS, however, the discharge process was properly initiated four months prior to his EAOS because of misconduct. Relief denied.

In the applicant’s issue 4, the Board determined this issue is without merit. The applicant states this was an isolated, minor offense. The applicant’s alcohol abuse began nine months after his initial enlistment and continued throughout his 3 years and 11 months enlistment. He was given a total of three retention warnings prior to being taken to mast for further alcohol related incidents. The applicant had four opportunities to correct his behavior before he committed the final act, which lead to his administrative discharge. The discharge was proper and equitable. Relief denied.

In the applicant’s issue 5, the Board determined this issue is not a decisional issue. The Board agrees that alcohol impaired the applicant’s ability to serve. No further comments on this issue.

In the applicant’s issue 6, the Board determined this issue is without merit. The applicant’s ability to speak English did not impair his ability to earn high performance evaluation marks in his rating nor his ability to obtain alcohol for consumption. Relief denied.
In the applicant’s issue 7, the Board determined this issue is without merit. The applicant claims he was not rehabilitated before being discharged. The applicant attended Level II rehab treatment, and was offered additional treatment, which he refused because he did not want to extend his enlistment (documented in his service record). The discharge was proper and equitable. Relief denied.


 Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C, Change 9, effective 22 Jul 94 until 2 Oct 96), 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, DC 20374-5023       


Similar Decisions

  • NAVY | DRB | 1999_Navy | ND99-00064

    Original file (ND99-00064.rtf) Auto-classification: Denied

    ND99-00064 Applicant’s Request The application for discharge review, received 981020, requested that the characterization of service on the discharge be changed to honorable. No indication of appeal in the record.871112: Applicant discharge under honorable conditions (general) by reason of alcohol abuse rehabilitation failure.Discharge package missing from service record. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 871112 under...

  • NAVY | DRB | 2002_Navy | ND02-00533

    Original file (ND02-00533.rtf) Auto-classification: Denied

    ND02-00533 Applicant’s Request The application for discharge review, received 020318, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a documentary record discharge review. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active:...

  • NAVY | DRB | 1999_Navy | ND99-00136

    Original file (ND99-00136.rtf) Auto-classification: Denied

    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. At this time, the applicant has not provided any documentation of good character and conduct. You should read Enclosure (5) of the Directive before submitting such a complaint.

  • NAVY | DRB | 2005_Navy | ND0500622

    Original file (ND0500622.rtf) Auto-classification: Denied

    “Affidavit #1I was honorably discharged from the military for alcohol rehabilitation failure without ever having a negative incident during my military time served. I was never afforded the opportunity to speak to my commanding officer, an NJP hearing, JAG representation, or a DAPA representative for the circumstances leading to my forced discharge. Applicant needs to follow-up with DAPA/AA.

  • NAVY | DRB | 2004_Navy | ND04-00839

    Original file (ND04-00839.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).The Applicant submitted no decisional issues for the Board’s consideration. You should read Enclosure (5) of the Directive before submitting such a complaint.

  • NAVY | DRB | 2002_Navy | ND02-00972

    Original file (ND02-00972.rtf) Auto-classification: Denied

    he Applicant’s conduct, which forms the primary basis for determining the character of service, reflects his disobedience of the orders and directives that regulate good order and discipline in the naval service, and falls short of that required for a fully honorable characterization of service. Evidence of continuing educational pursuits, a positive employment record, documentation of community service, and certification of non-involvement with civil authorities, are examples of verifiable...

  • NAVY | DRB | 2005_Navy | ND0500646

    Original file (ND0500646.rtf) Auto-classification: Denied

    [Statement listed as enclosure on the Commanding Officer’s undated letter, but not found in service record. ]UNDATED: Commanding Officer, USS SHILOH informed the Commander, Navy Personnel Command (PERS-832) of the Applicant's discharge with a characterization of general (under honorable conditions) by reason of alcohol abuse rehabilitation failure. FA K_'s (Applicant’s) recent NAVPERS 1070/613 warning advised him that any future deficiencies in conduct; violations of the UCMJ, or conduct...

  • NAVY | DRB | 1999_Navy | ND99-01175

    Original file (ND99-01175.rtf) Auto-classification: Denied

    No indication of appeal in the record.901029: Naval Hospital Lemoore, CA: S: 3 rd referral for ETOH - feels he failed level II. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 910426 under honorable conditions (general) due to alcohol abuse - rehabilitation failure (A). At this time, the applicant has not provided any documentation of good character and conduct.

  • NAVY | DRB | 2001_Navy | ND01-00173

    Original file (ND01-00173.rtf) Auto-classification: Denied

    HR (applicant) will be retained on board this command awaiting final decision from Commander, NMPC.870915: CNMPC directed the applicant's discharge with type warranted by service record by reason of alcohol abuse rehabilitation failure. 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 the applicant’s issue, the Board finds no reason to change the characterization of the...

  • NAVY | DRB | 1999_Navy | ND99-00008

    Original file (ND99-00008.rtf) Auto-classification: Denied

    No indication of appeal in the record.890306: USS Theodore Roosevelt (CVN-71) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of alcohol abuse rehabilitation failure, by reason of misconduct due to commission of a serious offense and by reason of misconduct due to a pattern of misconduct.890306: Applicant advised of his rights and having not consulted with counsel certified under UCMJ Article 27B, elected to appear before an...