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NAVY | DRB | 1999_Navy | ND99-00461
Original file (ND99-00461.rtf) Auto-classification: Denied


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

ex-ET2, USN
Docket No. ND99-00461

Applicant’s Request
The application for discharge review, received 990212, 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 000110. 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: 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 12a, Date Entered AD This Period should read: "90 APR 13" vice "90 APR 12", Block 12d, Total Prior Active Service should read: "01 09 22" vice "00 00 00, Block 12e, Total Prior Inactive Service should read: “00 04 27” vice “00 00 00”. The original DD Form 214 should be corrected or reissued as appropriate.





PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. On one term of service, I received an "Honorable Discharge". On the 2 nd term of service, it was "Under Honorable Conditions". I wish for 2 nd term to be upgraded and a corrected form DD214 (or 215) to be issued outlining full term of service. Current DD 214 does not reflect full term of service. First term of service was 6-20-88 through 8-23-91. See attached documents.

I am making two formal requests:

1. That my discharge from service DD Form 214 be changed to reflect an Honorable discharge.

2. That one DD Form 214 be issued reflecting all service time. I went into the service on June 20, 1988 and left the service on August 23, 1991. There is an error in the data on my DD Form 214. It does not reflect the time of service from June 20, 1988 through April 12, 1990.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Statement in Response to Question No. 9
Statement in Response to Question No. 10
Copy of Certification of Military Service dated May 11, 1998
Five pages from applicant's service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN               880620 - 900412  HON
         Inactive: USNR (DEP)     880122 - 880619  COG

 Period of Service Under Review :
Date of Enlistment: 900413               Date of Discharge: 910823

 Length of Service (years, months, days):

         Active: 01 04 12
         Inactive: None

 Age at Entry: 19                          Years Contracted: 6

 Education Level: 12                        AFQT: 66

 Highest Rate: ET2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.47 (3)    Behavior: 3.60 (3)                OTA: 3.53

 Military Decorations: None

 Unit/Campaign/Service Awards: NEM, NDSM, NASM, SSM

 Days of Unauthorized Absence: None

 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 :

880622:  Applicant briefed on Navy policy on drug and alcohol abuse.

900611:  Applicant briefed on Navy policy on drug and alcohol abuse.

900620:  Applicant arrested at Subase NLON for under age drinking at enlisted club.

900621:  Retention Warning: Advised of deficiency (Failure to provide court ordered child support, tardiness and drinking under the legal age.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

900709:  NJP for violation of UCMJ, Article 92: Failure to obey order or regulation (drinking under age) on 18Jun90.
         Award: Reduction to ETSN, oral admonition. Reduction suspended for 3 months. No indication of appeal in the record.
UNDATED:         Medical Screening: Applicant determined to dependent and recommended for Level II treatment.(XXXXXXXXXX):
910312:  Applicant to Level II counseling. [Extracted from page 2 of DAAR.]

910404:  Applicant completed Level II counseling. [Extracted from page 2 of DAAR.]

910723:  Drug and Alcohol Abuse Report: Alcohol abuse, ashore off duty, civilian police 910510. CAAC and physician found applicant dependent and recommended separate via VA hospital. Commanding officer recommended separate via VA hospital. Comments: Present military work record is fair. Member is a level II aftercare treatment failure. Psychologically alcohol dependent. He is amenable to treatment but has no potential for future useful service. Recommended to be administratively separated due to rehab failure. Eligible for treatment at a VA facility.

910814:  Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of alcohol abuse rehabilitation failure as evidenced by your continued alcohol abuse.
910814:  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.

910826:  Commanding officer recommended honorable discharge by reason of alcohol abuse rehabilitation failure.

                  < Remainder of Discharge Packet Missing>

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 910823 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, supporting documents, 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 applicant is correct that the original DD Form 214 should reflect the applicant’s time of service from 880620 to 900412. However, separate DD Form 214’s are required for each term of service. The Board found no reason to upgrade the applicant’s second term of service.

The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. 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. 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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