Search Decisions

Decision Text

NAVY | DRB | 1999_Navy | ND99-01159
Original file (ND99-01159.rtf) Auto-classification: Denied


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

ex-EW3, USN
Docket No. ND99-01159

Applicant’s Request
The application for discharge review, received 990826, 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 000522. 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

I respectfully ask the reviewing board to take into account the following:

 1. Other then my refusal of treatment, my personal behavior in the Navy was outstanding.

2. This was my first civilian offense.

3. Since my arrest, I have willfully and voluntarily attended, paid for, and received many forms of counseling and assistance for my "Alcoholism. I have been sober now for 16 months.

4. I have no other offenses of my civilian record.

Thank you for your time

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Letter of reference from current employer dated July 28, 1999
Letter of reference (personal) dated July 13, 1999
Letter of reference from landlord dated August 4, 1999
Letter of explanation dated July 28, 1999

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     930903 - 940103  COG

 Period of Service Under Review :
Date of Enlistment: 940104               Date of Discharge: 970729

 Length of Service (years, months, days):

         Active: 03 06 26
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4 (24 month extension)

 Education Level: 12                        AFQT: 84

 Highest Rate: EW3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                           Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, GCM, AFEM, SSDR, NER

 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 :

960205:  Medical entry: A: Depressive disorder - suicide gesture. P: Referred to NAVHOSP Pysch department for further eval.
960207:  Applicant admitted to Ward 3E for psychiatric care.

 960212:  Applicant discharged from psychiatric care to full duty in care of parent command. Discharge diagnosis: 1 Observation for suspected mental condition, 2 Alcohol dependence, 3 Avoidant traits. Special Instructions: Level III, alcohol rehabilitation center, abstain from alcohol, attend 5 AA meetings per week.

960808:  Medical entry: A: Adjustment disorder with depressed mood. R/O major depressive disorder with suicidal and homicidal ideation but no intent and able to contract convincingly for safety. P: Agrees to contract medical representative if feelings increase or increasing suicidal or homicidal ideation. Discussed with command DAPA - no ARC bed available prior to deployment. Command is hopeful pt will ______ his mind and accept Level III. Discussed with XO.
960815:  Medical entry: S: Pt present for re-eval after an intoxicating event last PM. Pt went out on liberty & within 1 1/2 hours pt was completely intoxicated. + multiple episodes of emesis. Pt was brought back to the ship and placed on 1 to 1 watch. Pt aware of the consequences of his actions. Pt is apologetic for getting that drunk but does not think he has a drinking problem. Pt denies suicidal or homicidal ideation. A: Adjustment disorder with depressed/anxious mood. Alcohol dependence with new alcohol related incident. Pt denies problem and refusing ARC. P: Pt contracts convincingly for safety. Pt to talk with command DAPA, CSO and XO. Command still hopeful pt will change mind and accept Level III. Pt liberty to be suspended.

960817:  Medical entry: A: 1) Adjustment disorder with Depressed/Anxious mood. 2) Alcohol dependency. P: Pt contracts convincingly for safety. Pt on Bravo restriction per command. Pt to attend ARC - bed being found. Pt to get psych eval when arrive at Naples in 10/14 days.
960904:  Staff Psychiatry - MHU Eval: Referred after multiple etoh related incidents with medical evals including hand injury. Considerable denial of alcohol problem. Has poor insight. Denies SI, HI or plan. Major stresses in separation and naval work life. DX: I: Alcohol dependence; Occupational problem. II: Narcissitic/PA traits. III: Adjustment disorder MDEC. Reco: I: Avoidant R/O personality disorder. Legally responsible for actions and to be held accountable.
970729:  DD Form 214: Applicant discharged with General (under Honorable conditions) by reason of alcohol abuse rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970729 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).

In the applicant’s issue 1, the Board determined this issue is without merit. The applicant claims that his personal behavior in the Navy was outstanding, other than his refusal of treatment for his alcohol dependency. The applicant’s record shows, from February 1996 until his discharge in July 1997, he was an administrative burden on his command due to repeated alcohol abuse and suicidal and homicidal ideations. His parent command determined it was in the best interest of the military to discharge the applicant, rather than continue to try and help someone that did not want help. The discharge was proper and equitable. Relief denied.

In the applicant’s issue 2, the board determined this issue is without merit. The applicant claims this was his first civilian offense. The applicant’s medical record documents several alcohol related incidents, not involving civilian authorities, over a 17 month period. Incidents included suicidal gestures and a hand injury. His parent command determined the applicant was incapable of providing any useful service to the military, due to repeated threats of suicide and continuous alcohol abuse. The discharge was proper and equitable. Relief denied.

In the applicant’s issue 3, the Board determined this issue is without merit. The applicant claims sobriety for 16 months but provides no documentation to support his claim. Relief denied.

In the applicant’s issue 4, the Board determined this issue is without merit. The applicant claims to have had no other offenses on his civilian record. The applicant did not provide any proof to support his claim. Additionally, the characterization of his discharge was based on an evaluation of his entire military service record for a specific enlistment. His discharge accurately reflects the type service he provided his country military on his last enlistment. The applicant did not provide any documentation for consideration of post-service clemency. The discharge was proper and equitable. Relief denied.

Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
03 Oct 96 until 11 Dec 97, 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 Rm 309
                  Washington, D.C. 20374-5023     


Similar Decisions

  • USMC | DRB | 2002_Marine | MD02-00923

    Original file (MD02-00923.rtf) Auto-classification: Denied

    Pt contracted for safety and denied active suicidal/homicidal ideations. The Board found no documentation to support the Applicant’s allegations that he was hazed, harassed or that his chain of command violated his rights to privacy. The Applicant’s conduct evaluation average and summary court-martial record warranted a characterization of service of under honorable conditions (general).

  • NAVY | DRB | 1999_Navy | ND99-01141

    Original file (ND99-01141.rtf) Auto-classification: Denied

    Pt reports drinking heavily last p.m. 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 Diagnosis951112: 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...

  • NAVY | DRB | 2001_Navy | ND01-00801

    Original file (ND01-00801.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION Pt doesn't believe he has a drinking problem and does not want treatment for alcoholism. The applicant was discharged for failure to complete alcohol rehabilitation treatment.

  • NAVY | DRB | 2002_Navy | ND02-00496

    Original file (ND02-00496.rtf) Auto-classification: Denied

    I am an alcoholic. HOSPITAL COURSE: After being admitted to the Medicine Service for alcohol detoxification and being medically cleared, pt was transferred to Psychiatry Service on 18 Mar 92. Pt was hospitalized 1/92 for detox and transferred to psych due to suicidal ideation.

  • NAVY | DRB | 1999_Navy | ND99-01174

    Original file (ND99-01174.rtf) Auto-classification: Denied

    ND99-01174 Applicant’s Request The application for discharge review, received 990903, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 980215: Mental Health Clinic, USS INDEPENDENCE: Pt, Pt's DivOff, Pt's LCPO and this provider met with pt in conference to clarify pt's short/long term goals. AXIS III: No known or reported medical conditions.

  • NAVY | DRB | 2003_Navy | n0300386

    Original file (n0300386.rtf) Auto-classification: Denied

    ND03-00386 Applicant’s Request The application for discharge review was received on 20030107. This recommendation requires counseling & documentation that the personality disorder interferes with the performance of duty. [PARTIAL DISCHARGE PACKAGE MISSING] PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19921223 under honorable conditions (general) for convenience of the government on the basis of a diagnosed personality disorder of...

  • USMC | DRB | 2001_Marine | MD01-00258

    Original file (MD01-00258.rtf) Auto-classification: Denied

    MD01-00258 Applicant’s Request The application for discharge review, received 001227, requested that the characterization of service on the discharge be changed to honorable. Major Depressive Disorder - see Document 3 - Dr. A_. : Pt very depressed.

  • USMC | DRB | 2002_Marine | MD02-00999

    Original file (MD02-00999.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Copy of DD Form 214 Copy of DD Form 215 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USMCR(J) 961025 - 961103 COG Period of Service Under Review :Date of Enlistment: 961104 Date of Discharge: 991222 Length of Service (years, months, days):Active: 03 01 19 Inactive: None 991203: Commanding...

  • NAVY | DRB | 1999_Navy | ND99-00552

    Original file (ND99-00552.rtf) Auto-classification: Denied

    ND99-00552 Applicant’s Request The application for discharge review, received 990315, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant

  • NAVY | DRB | 2005_Navy | ND0501111

    Original file (ND0501111.rtf) Auto-classification: Denied

    Documentation In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 Transcripts Full-time student confirmation, dtd September 13, 2004 Evaluation Report and Counseling Record, dtd July 1, 2002 Evaluation Report and Counseling Record, dtd July 15, 2003 Evaluation Report and Counseling Record, dtd December 16, 2003 Appointment of veterans service organization as claimant’s representative, dtd...