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NAVY | DRB | 1999_Navy | ND99-00922
Original file (ND99-00922.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND99-00922

Applicant’s Request
The application for discharge review, received 990629, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to Disabled. The applicant requested a documentary record discharge review. The applicant designated the Disabled American Veterans organization as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000323. 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
1. When I was discharged from the navy for Rehabilitation Failure they informed me that I was going to be classified General Under Honorable Conditions reason code disabled due to an incurable disease being alcoholism. My DD 214 reads just Rehabilitation Failure. I respectfully request the review of all medical records dated 89Jun30 - 90Mar05 for confirmation and DD 214 reissued General Under Honorable conditions, Reason Disabled.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Disabled American Veterans (DAV) letter dated Aug 11, 1999
Copy of DD Form 214 (2 coppies)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     890628 - 890629  COG

 Period of Service Under Review :
Date of Enlistment: 890630               Date of Discharge: 900305

 Length of Service (years, months, days):

         Active: 00 08 06
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12½                        AFQT: 79

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: No marks    Behavior: No Marks                OTA: No Marks

 Military Decorations: None

 Unit/Campaign/Service Awards: None

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 :

891020:  NJP for violation of UCMJ, Article 134: on or about 89SEP22 intent to deceive.
         Award: Forfeiture of $350 per month for 2 months, restriction for 30 days. No indication of appeal in the record.
900205:  Medical Screening (Alcohol Rehab Dept, NAVHOSP Orlando): This 19 year old, single, Caucasian, male, with approximately seven months of active duty , admitted to Alcohol Rehab Dept with a diagnosis of alcohol dependency. Pt stated that drinking began at age 14 becoming heavy at age 17. More recent drinking pattern is the consumption of 10 beers and 5 mixed drinks five to seven times a week. Accuracy of pt's own report of substance abuse is considered valid. There is reported a family background of alcoholism in maternal grandfather and paternal grandfather.
         LAB RESULTS: Lab studies were unremarkable except for positive cannabinoid on urine drug screening.
         MENTAL STATUS: Pt alert, cooperative, motivated for rehab. No significant evidence of psychosis, major organic brain syndrome or debilitating neurosis. Mood with within normal limits. Affect was angry. No significant evidence of suicidal/homicidal ideation. No evidence of substance-related organic brain problems.
 CLINICAL COURSE: Pt exposed to individual and group therapy. Guidance such as educational, marital, financial, and spiritual assistance available. Pt introduced to AA, attended AA meetings on nightly basis for a minimum of four weeks and then attended a minimum of five meetings weekly. Pt was very limited in self-disclosure and group participation. Appeared to prefer to sit back and remain inactive. Difficult at times to determine if pt was even attentive. Continually acted as though he was confused and couldn't understand what he was doing wrong. Was given a motivational staffing at third week review. After one week there was no change observed nor any apparent commitment to recovery. Pt made limited progress toward insight into his alcoholism and was not able to lay foundations for continued sobriety. He didn't commit himself to an AA home-group and did not obtain AA sponsor. Pt is poorly motivated to maintain sobriety.
FINAL DIAGNOSIS: Alcohol dependency.
PROGNOSIS: Poor.
RECOMMENDATION: (1) Separate because of Alcohol Abuse Rehab Failure. (2) Personal recovery program (4 AA meetings per week for one year. (3) Maintain drug abuse urinalysis testing program - four samples per month on a random bases for at least 60 days. (4) Antianxiety medication is distinctly contraindicated and should be prescribed briefly, if at all, under close supervision. (5) Periodic interviews between pt and superiors are necessary and helpful. (6) Participate in aftercare program at Rehab Dept for a minimum of six weeks and a maximum of one year. (7) Information contained in this summary obtained from pt without explaining his rights to him under Article 31, UCMJ. Therefore no adverse legal action may be taken against pt regarding information contained herein.
DISPOSITION: Return to duty, fit for same.
         
900220:  Applicant notified of intended recommendation for discharge with characterization of service of Entry Level Separation by reason of alcohol abuse rehabilitation failure as evidenced by refusal to participate in an alcohol rehabilitation program.
900220:  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 the discharge.
900223:  CO, SERVSCOLCOM Orlando recommended and directed the applicant's discharge under honorable conditions (general) by reason of alcohol abuse rehabilitation failure. Commanding officer’s comments (verbatim): "On 8 January 1990, SR (Applicant) was admitted to the Alcohol Rehabilitation Department, Naval Hospital, Orlando, FL with a diagnosis of alcohol dependency. As indicated by enclosure (4) [Applicant's medical record], SR (Applicant) was very limited in self-disclosure and group participation, he preferred to sit back and remain inactive, he made limited progress toward insight into his alcoholism and he was not able to lay a foundation for continued sobriety and he also lacked motivation to maintain sobriety. The prognosis that as indicated by enclosure (4) was poor. The best interests of the Navy would be served by his immediate discharge."

900305:  CO, SERVSCOLCOM advised CMPC of applicant's discharge.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 900305 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 the applicant’s issue stating “ When I was discharged from the navy for Rehabilitation Failure they informed me that I was going to be classified General Under Honorable Conditions reason code disabled due to an incurable disease being alcoholism. My DD 214 reads just Rehabilitation Failure. I respectfully request the review of all medical records dated 89Jun30 - 90Mar05 for confirmation and DD 214 reissued General Under Honorable conditions, Reason Disabled.” The NDRB found no evidence to support the applicant’s assertion that the reason for discharge should be “disabled due to an incurable disease being alcoholism.” The applicant signed a statement of awareness on 900220 acknowledging his separation for Alcohol Abuse Rehabilitation Failure. No other reason for separation would be appropriate. Relief not warranted.

The NDRB found that the separating command incorrectly stated in the notification procedures that the applicant’s characterization of service would be “Entry Level Separation.” The applicant was not eligible for an entry level separation as his discharge was initiated after 180 days of service. The Commanding Officer, Service School Command, Orlando properly discharged the applicant with an Under Honorable Conditions (General) characterization.


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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