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NAVY | DRB | 2000_Navy | ND00-00129
Original file (ND00-00129.rtf) Auto-classification: Denied


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

ex-AOAA, USN
Docket No. ND00-00129

Applicant’s Request
The application for discharge review, received 991104, 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 000720. 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).

The NDRB did note an administrative error on the original DD Form 214. Block 25, Separation Authority should read: “1910-152” vice “3630550”. The original DD Form 214 should be corrected or reissued as appropriate.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. I (applicant), am requesting to change my discharge of General Under Honorable Conditions to Honorable Conditions I feel my discharge was inequitable because it was based on an isolated incident. While in the United States Navy I had an alcohol related incident. I was told by the Navy to either go to a rehabilitation program or get out. I chose the later. I have not had any other incident related to alcohol. I have also joined the United States National Guard and feel Honorable Conditions would help with my future in the National Guard. Sincerely,

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (Member 1 and 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     970322 - 970406  COG

 Period of Service Under Review :
Date of Enlistment: 970407               Date of Discharge: 980605

 Length of Service (years, months, days):

         Active: 01 01 29
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 10/12            AFQT: Unknown

 Highest Rate: AOAA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                           Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

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 1910-152 (formerly Article 3630550).
Chronological Listing of Significant Service Events :

980109:  DAPA screen: A: ETOH dependence with h/o PVD at age 16. P: (1) Recommend zero ETOH use, (2) recommend Level III treatment, (3) obtain all old records.

980213:  Applicant formally evaluated as an alcohol abuser.

980316:  Medical Screening: A: (1) Alcohol dependence, (2) Nicotine addiction, (3) Family planning. P: (1) Cleared for Level II/III treatment program, (2) Encourage tob cessation, (3) Check morning HCG if neg will start back on Depo P_____ (50 mg 1 m _ 12 weeks.

980323:  Applicant to Substance Abuse Rehabilitation Department from 23Mar98 to 24Apr99.

980402:  Applicant released from treatment for alcohol dependency based on applicant's request to terminate.

980429:  Applicant certified failure of treatment for alcohol dependency at Substance Abuse Rehabilitation Department, Naval Medial Center, San Diego, CA. Applicant further certified had failed said treatment due to my inability to cooperate and participate in an alcohol dependency treatment regimen.

980429:  Applicant notified of intended recommendation for discharge with general (under honorable conditions) by reason of convenience of the government as evidenced by Alcohol Rehabilitation failure due to your inability to participate in an alcohol dependency treatment regimen.
980429:  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.

980505:  Commanding officer directed discharge 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 980605 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 issue that her discharge was inequitable because it was based on an isolated incident is without merit. The applicant was diagnosed as being alcohol dependant and voluntarily disenrolled from her treatment program. The NDRB found no impropriety in the applicants discharge. Relief not warranted.

The applicant provided no documentation to support her claim of sobriety, ie completion of aftercare program or documented sobriety. Further the applicant failed to provide documentation to support her claim that she is a member of the National Guard. The applicant has 15 years from date of discharge to appear in person along with proper post service documentation for consideration of an upgrade to honorable.
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 view DoD Directive 1332.28 and other Decisional Documents by going online at " afls14.jag.af.mil ".

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
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023      


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