Search Decisions

Decision Text

NAVY | DRB | 2000_Navy | ND00-00202
Original file (ND00-00202.rtf) Auto-classification: Denied


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

ex-BT3, USN
Docket No. ND00-00202

Applicant’s Request
The application for discharge review, received 991123, 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 000803. After a thorough review of the records, 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

 Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN               None
         Inactive: USNR (DEP)     870325 - 870503  COG

 Period of Service Under Review :
Date of Enlistment: 870504               Date of Discharge: 900119

 Length of Service (years, months, days):

         Active: 02 10 16
         Inactive: None

 Age at Entry: 26                          Years Contracted: 4

Education Level: 12                        AFQT: 58

 Highest Rate: BT3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.46 (3)    Behavior: 3.33 (3)                OTA: 3.46

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

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 :

890224:  Retention Warning: Advised of deficiency (You are advised that your conduct reveals that you have committed one or more minor disciplinary actions in violation of the UCMJ for which you have received punishment under Article 15, UCMJ; or that you have been convicted of misdemeanor charges by civil courts on one or more occasions; or that you have committed a combination of offenses which resulted in punishment under Article 15, UCMJ, or one or more civil conviction), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

890224:  NJP for violation of UCMJ, Article 86: UA from 890124 to 890129 [5days/S].
         Award: Forfeiture of $50.00 per month for 1 month, restriction and extra duty for 15 days. No indication of appeal in the record.
890814:  CAAC indicates applicant is an episodic alcohol abuser, recommended Level II treatment.

891128:  Memorandum from CAAC indicates applicant has chosen not to avail himself of Level II alcohol rehabilitation services and was therefore recommended for administrative separation processing as a rehabilitation failure.

900119:  Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason convenience to the government as evidenced by alcohol abuse rehabilitation failure.
900119:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
900207:  Commanding Officer USS CORAL SEA (CV-43) notifying NMPC-83 of applicant administrative separation by reason of alcohol rehabilitation failure by reason of applicant stating his intention of non-participation in Level II treatment.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 910119 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, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

The applicant introduced no decisional issues for consideration by the Board.

The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (D). 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. Representation at personal appearance hearing is highly recommended.

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 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 Room 309
                  Washington Navy Yard D.C. 20374-5023    


Similar Decisions

  • NAVY | DRB | 1999_Navy | ND99-01176

    Original file (ND99-01176.rtf) Auto-classification: Denied

    Documentation Only the service and medical records were reviewed, since the applicant did not provide additional documentation to be considered. 900413: Admitted to Naval Hospital, Charleston, SC, for inpatient Alcohol Rehabilitation. 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 introduced no decisional issues for consideration by the Board.

  • NAVY | DRB | 1999_Navy | ND99-00147

    Original file (ND99-00147.rtf) Auto-classification: Denied

    ND99-00147 Applicant’s Request The application for discharge review, received 981106, requested that the characterization of service on the discharge be changed to Honorable and the reason for the discharge be changed to Secretarial Authority. The applicant was discharged 961104] Commanding officer discharged applicant with General (under Honorable conditions) by reason of alcohol abuse rehabilitation failure. SN (applicant) was separated from the Naval service with the characterization of...

  • NAVY | DRB | 2003_Navy | ND03-00713

    Original file (ND03-00713.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-ACAA, USN Docket No. Commanding Officer’s comments (verbatim): ACAA B_ (Applicant) has been medically diagnosed as Alcohol Dependent and offered CAAC Level III treatment. summary of service clearly documents that Alcohol Rehabilitation Failure was the reason the applicant was discharged.

  • NAVY | DRB | 1999_Navy | ND99-01175

    Original file (ND99-01175.rtf) Auto-classification: Denied

    No indication of appeal in the record.901029: Naval Hospital Lemoore, CA: S: 3 rd referral for ETOH - feels he failed level II. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 910426 under honorable conditions (general) due to alcohol abuse - rehabilitation failure (A). At this time, the applicant has not provided any documentation of good character and conduct.

  • NAVY | DRB | 2000_Navy | ND00-00926

    Original file (ND00-00926.rtf) Auto-classification: Denied

    Applicant provided with Aftercare Treatment Plan.961112: Command DAPA: Request applicant be processed as a rehabilitation failure due to failure to comply with required aftercare plan.961127: Applicant notified of intended recommendation for discharge with general (under honorable conditions) by reason of alcohol abuse rehabilitation failure and misconduct due to commission of a serious offense as evidenced by all punishments under the UCMJ in your current enlistment.961127: Applicant...

  • NAVY | DRB | 2003_Navy | ND03-00613

    Original file (ND03-00613.rtf) Auto-classification: Denied

    ISSUE 3: I refused alcohol rehab. He was ordered to report to Intensive Outpatient Treatment for alcohol abuse as a result of CAAC and physician recommendations. 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.

  • NAVY | DRB | 1999_Navy | ND99-01158

    Original file (ND99-01158.rtf) Auto-classification: Denied

    980520: Commanding officer directed discharge with General (under Honorable conditions) reason of alcohol abuse rehabilitation failure. Per reference (a), I authorize that he be separated from the naval service by reason of alcohol rehabilitation failure, and that his discharge be characterized as General. 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....

  • NAVY | DRB | 2001_Navy | ND01-00605

    Original file (ND01-00605.rtf) Auto-classification: Denied

    ND01-00605 Applicant’s Request The application for discharge review, received 010402, requested that the reason for the discharge be changed. The summary of service clearly documents that alcohol abuse rehabilitation failure was the reason the applicant was discharged. 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.

  • NAVY | DRB | 2002_Navy | ND02-00172

    Original file (ND02-00172.rtf) Auto-classification: Denied

    Award: Record Unavailable001008: Applicant notified of intended recommendation for a honorable discharge by reason of alcohol abuse rehabilitation failure as evidenced by failure to complete the treatment program for alcoholism.001008: Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was...

  • NAVY | DRB | 2002_Navy | ND02-00903

    Original file (ND02-00903.rtf) Auto-classification: Denied

    Alcohol treatment failure. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 920318 under honorable conditions (general) due to alcohol abuse - rehabilitation failure (A). You should read Enclosure (5) of the Directive before submitting such a complaint.