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NAVY | DRB | 1999_Navy | ND99-00958
Original file (ND99-00958.rtf) Auto-classification: Denied


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

ex-ET3, USN
Docket No. ND99-00958

Applicant’s Request
The application for discharge review, received 990709, 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 000331. 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 1910-152 (formerly Article 3630550).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. Please consider upgrading my discharge based on my good conduct in the Navy and the extra effort I put into my training (EVAL).

I do not think than my medical condition (alcohol dependency) should deny me the GI Bill and therefore a chance at a college education. Thank you for your time.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy Evaluation Report and Counseling Record dated April 22, 1998
Copy of DD Form 214 (Member 1 and 4 (2 copies))
Copy of Montgomery GI Bill dated December 26, 1996
Copy of letter from Commanding officer dated June 30, 1998
Copy of Travel Certificate Separation Without Orders dated September 25, 1998

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     961121 - 961222  COG

 Period of Service Under Review :
Date of Enlistment: 961223               Date of Discharge: 981002

 Length of Service (years, months, days):

         Active: 01 09 10
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

 Education Level: 12                        AFQT: 99

 Highest Rate: ET3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)    Behavior: 4.00 (1)                OTA: 3.29*

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

*Evaluation provided by applicant (97Sep12-98Apr24)

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

GENERAL (UNDER HONORABLE CONDITIONS)/ALCOHOL REHABILITATION FAILURE, authority: MILPERSMAN, Article 1910-152 (formerly Article 3630550).
Chronological Listing of Significant Service Events :

980529:  Applicant self referred to DAPA.

980615:  Psychological Evaluation Report: Alcohol evaluation.

980713:  Applicant was found alcohol dependent without physiological dependence.
980714:  Applicant admitted to Naval Addictions Rehabilitation Clinic for Level II treatment.
980720:  Applicant admitted to drinking and was moved to residential treatment.

 980727:  Applicant discharged from ARC due to failure to successfully complete treatment. Discharge diagnoses: Axis I: Alcohol dependence without physiological dependence, rule out dysthymic disorder.

980909:  Applicant notified of intended recommendation for discharge with general (under honorable conditions) by reason of alcohol abuse rehabilitation failure.
980909:  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.

980914:  Commanding officer recommended discharge with general (under honorable conditions) by reason of alcohol abuse rehabilitation failure. Commanding officer’s comments (verbatim): Petty Officer (applicant) has failed to complete Level II rehabilitation treatment. His actions and refusal to participate in, cooperate in, or successfully complete treatment have resulted in ET3 (applicant) being separated with a General (under Honorable conditions) discharge.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 981002 with a general (under honorable conditions) due to alcohol 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 applicant’s first issue states: “Please consider upgrading my discharge based on my good conduct in the Navy and the extra effort I put into my training (EVAL).” The NDRB reviewed the applicants service record and found the type discharge proper and equitable. The applicant’s refusal to participate in the Alcohol Rehabilitation offered warranted a discharge and the NDRB found the characterization as general to be equitable. Relief not warranted.

 The Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 97 until Present, Article 1910-152 (formerly Article 3630550), SEPARATION BY REASON OF ALCOHOL ABUSE REHABILITATION.

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 Rm 309
                  Washington, D.C. 20374-5023     


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