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NAVY | DRB | 1999_Navy | ND99-01141
Original file (ND99-01141.rtf) Auto-classification: Denied


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

ex-HR, USN
Docket No. ND99-01141

Applicant’s Request
The application for discharge review, received 990824, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000512. 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. The issue that I am respectively requesting is a change of my Navy discharge to Honorable. The reason for separation from service, item number 28 on my DD form 214, alcohol rehabilitation failure was based on a conduction that started during my Navy Service and was caused by one mistake I made when I was a 22 year old serviceman.

2. I believe my discharge was inequitable because that one mistake prevents me from completing my education in a timely manner. If the VA Education benefit was available to me I could finish college much sooner.

3. Since my discharge from the navy I have not used alcohol and have established a good record in a number of endeavors. I have earned two years of college credit, participated in school activities and have a responsible job.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from Supervisor, A_ S_, Sykes Enterprises, dtd 7-28-99
Character Reference ltr from P_ A. G_, English Professor, F_ H_ State University dtd Nov 7, 1997
Character Reference ltr from W_ C_, Linebacker Coach, F_ H_ State University dtd Nov 24, 1997
Letter of Recommendation from B_ C_, Head Football Coach, F_ H_ State University dtd Oct 6, 1997
Character Reference ltr from C_ B_, Senior Women's Admin/Academic Coordinator, F_ H_ State University dtd Oct 3, 1997
Character Reference ltr from J. F_ B_, Pastor, First Christian Church, dtd Jul 31, 1997
Character Reference ltr from V_ B_, First Christian Church, dtd Jul 31, 1997
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     910930 - 920804  COG

 Period of Service Under Review :
Date of Enlistment: 920805               Date of Discharge: 960510

 Length of Service (years, months, days):

         Active: 03 09 06
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 68

 Highest Rate: HN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.6 (3)     Behavior: 3.5 (3)                 OTA: 3.73

 Military Decorations: None

 Unit/Campaign/Service Awards: SWAM, SSDR, NDSM, AFSM, NM

 Days of Unauthorized Absence: None

 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 :


931127:  NavHosp Cherry Point: Reason for referral - fitness for ER duty. Member drinking until about 0230 a.m., then went back to barracks to friends room than Pt heard window breaking and went out to see what was going on and here he is. Pt not competent to perform duty, condition due to the use of drugs or alcohol.

950714:  NJP for violation of UCMJ, Article 86: UA from 0715 until 0800 on 23 Jun 95.
         Award: Reduction to E-2 imposed and suspended at Mast on 14 Jul 95 vacated 12 Nov95. No indication of appeal in the record.
950731:  BrMedClinic: Pt presented to me with concerns of depression; alcohol abuse and concerns that at times he feels "uncontrollable". Pt questions his ability to maintain temper feels "uptight at times". Referred to LT. W_, MC, USNR, for eval. Pt has DAPA/CAAC screen today 1330.
950803:  BrMedClinic, MCAS, Beaufort, SC: 21 year old white male Navy Corpsman referred to me by LPO for evaluation of possible acute intoxication. SACO eval for alcohol abuse already in progress. Pt reports drinking heavily last p.m. Doesn't remember how much. Denies being intoxicated now but states he is "hung-over". SACO he reviewed & confirmed by pt.
         Assessment/Plan: (1) Alcohol Dependence - Medical eval completed & in SACO file, recommend removal from patient contact or care, recommend Level III treatment immediately, recommend AA meeting. (2) Alcohol after-effects - Pt shows minimal signs of acute intoxication although does have [.........] & admits to drinking heavily last night. No direct patient care or contact; otherwise as above, no deployments.
950814:  Commenced residential treatment for alcohol dependence at the Naval Alcohol Rehabilitation Center, Jacksonville, FL.
         Initial Diagnosis: AXIS I: Alcohol Dependence with Physiological Dependence (303.90), Nicotine Dependence (305.10), Rule Out Depression
         AXIS II: No Diagnosis (V71.09)
         AXIS III: No Diagnosis
950815:  Psychologist Evaluation, S_ F_, MSC, USN: Pt is a 21 year old singe, Caucasian male referred for eval of a possible depression. Pt reports his sleep & appetite to be within normal limits. He reports fleeting suicidal ideation without intent or plan at this time. He does report that he is becoming more verbally aggressive recently & he fears becoming physically aggressive. He does not have an impressive history of fighting. He attributes some of his frustrations to an ambivalent girlfriend who he "loves" & is afraid he is losing her. He acknowledged if the relationship ends he'll be sad, but denies he'll become suicidal. Pt did not endorse symptoms of depression including anergia, anhidonia excessive guilt, thought insertion or broadcasting, paranoia, or any form of hallucination and/or delusion. No additional diagnosis given. Consider eval for Buspar to minimize anger. Pt is responsible for his behavior.
950908:  Discharged from the NAVALREHCEN Jacksonville, FL. At the time of discharge Pt was stable and oriented in all spheres. He was discharged with a continuing care plan in support of his sobriety. His prognosis is guarded provided he adheres to the recommended continuing care plan.
 Final Diagnosis: AXIS I: Alcohol Dependence with Physiological Dependence Early Full Remission in a Controlled Environment (303.90), Nicotine Dependence (305.10)
AXIS II: No Diagnosis (V71.09)
AXIS III: No Diagnosis
951112:  NJP for violation of UCMJ, Article 92: failed to obey a direct order by HM1 R. M_ and HM2 M_ by sleeping on duty while on watch at ER, USS AMERICA at 0615, 01NOV85, and at 0630 on 02NOV95. Failed to obey written order OPNAVINST 5100.19c by wearing headphones on watch at the ER, USS AMERICA at 0530, 04NOV95. Dereliction of duty by not reporting an abnormal refrigerator temperature of 60 degrees.
         Award: Forfeiture of $396.00 per month for 2 months, restriction for 45 days, reduction to E-1. No indication of appeal in the record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960510 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 NDRB found the significant negative aspects of the applicant’s service record warranted the type discharge awarded. Although the applicant offered post service documentation for the Board’s consideration, the NDRB found that the overall characterization of the applicant’s service is equitable as executed. Relief not warranted.

 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. The applicant is encouraged to provide documentation to support his sobriety since leaving active duty. Representation at personal appearance hearing is highly recommended.

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, D.C. 20374-5023     


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