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NAVY | DRB | 1999_Navy | ND99-00539
Original file (ND99-00539.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND99-00539

Applicant’s Request
The application for discharge review, received 990309, 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 000121. 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.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. I cannot make excuses for who I was. Life experiences caused a growth and change in me - a positive change. I would be proud and honored to receive a chance to do things the right way. I ask that in addition to changing my discharge to Honorable, that you also change my reenty code to an RE-2. Is is my desire to reenter military life and make a future for myself and my family. I realize now that I had to want to change - to make things better. I can proudly say after three and a half years of sobriety I am a changed and better person for all that my life has carried me through. Please think of this as you make your judgement on my behalf. I wish you could have seen me "before" and "after" to know that what I say is sincere. Thank you for your time and attention to this request.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     910515 - 910916  COG

 Period of Service Under Review :
Date of Enlistment: 910917               Date of Discharge: 920511

 Length of Service (years, months, days):

         Active: 00 07 25
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4

 Education Level: 12                        AFQT: 90

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB                  Behavior: 2.90 (2)                OTA: NOB

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

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 :

920323:  Medical Screening: Applicant found alcohol dependent. Recommend Level III. Applicant signed statement stating will not participate in, or cooperate with Navy's formal alcohol rehabilitation program. Applicant does not desire VA treatment for alcohol/drug abuse.

920327:  Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of alcohol abuse rehabilitation failure.
920327:  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. Applicant did not object to separation.
920401:  Commanding officer recommended discharge under honorable conditions (general) by reason of alcohol abuse rehabilitation failure. Commanding officer’s comments (verbatim): SA (applicant) has been diagnosed by a medical officer as being alcohol dependent, enclosure (4). She signed a page 13 on 23 March 1992 declining treatment, enclosure (6). SA (applicant) shows an unwillingness to make any real commitment to discontinue the use of alcohol. She is poorly motivated to maintain sobriety and has consistently refused treatment. The best interests of the Navy would be served by her immediate discharge. The date of discharge will be determined by Personnel Support Activity Detachment, Orlando, FL; as warranted by member's service record.

920512:  Personnel Support Activity Detachment, Naval Training Center discharged applicant under honorable conditions (general) by reason of alcohol abuse rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 920511 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).

The Board has no authority to change re-enlistment codes as requested in issue 1 or to make recommendations to permit re-entry into the Naval Service or any other of the Armed Forces. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to re-enlistment. A request for waiver is normally done only during the processing of a formal application for enlistment.

The applicant is encouraged to continue with her pursuits and is reminded that she is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge. 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.

Pertinent Regulation/Law (at time of discharge)
A. The Naval Military Personnel Manual, (NAVPERS 15560C, effective 15 Aug 91 – 02 Mar 93), 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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