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NAVY | DRB | 2000_Navy | ND00-00273
Original file (ND00-00273.rtf) Auto-classification: Denied


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

ex-AEAN, USN
Docket No. ND00-00273

Applicant’s Request
The application for discharge review, received 991221, requested that the reason for the discharge be changed to Convenience of Govt. The applicant requested a personal appearance hearing discharge review. The applicant listed Disabled American Veterans as his representative on the DD Form 293. In the acknowledgement letter to the applicant, the applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000803. 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: HONORABLE/Alcohol Abuse - rehabilitation failure, authority: MILPERSMAN, Article 3630550.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. While on active duty I was involved in one alcohol related incident. In 1992 I became involved in a fight while intoxicated. After this incident I was never offered any alcohol abuse counseling nor was I given NJP. However I felt I was being discriminated against and targeted because I was a Native American.

Two additional incidents were in 1993 and included a car accident where I was a passenger unaware the drive had been drinking - I wasn't drinking but was treated as if I was the one driving while intoxicated.
Second incident - In base housing a civilian married to service member provoked me into a fight by using racial slurs. I was not drinking and Coronado military personnel who witnessed the incident reported it as such.

Within one month I was discharged as alcohol abuse - rehabilitation failure. At no time was I offered rehab counseling, or answer any charges. I was just discharged. I wasn't given an opportunity to answer any charges, none were made, nor did I recieve any assistance from JAG.

The alcohol abuse - rehab failure prevents me from using Mont GI Bill money I contributed to and matching Navy funds.

2. Af ter a review of the former Service Member's (FSM) DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States, and all of the evidence assembled for review, we find the FSM is seeking a change in his Narrative Reason for Separation from 'Alcohol Abuse- Rehabilitation Failure' to 'Convenience of the Government'.

The FSM contends this adverse Narrative Reason is preventing him from using his Montgomery G.I. Bill to pursue a better education. The FSM further contends be was never afforded the opportunity to attend a rehabilitation program while on active duty and the U.S. Navy just discharged him.

The veteran was given an Honorable discharge and contributed to the G.I. Bill while on active duty. The FSM is attempting to return to school to obtain a better education, however cannot afford to do so without his education fund. Therefore, we request that block 28 on the FSM's DD Form 214 be changed to either 'Under Secretarial Authority'
or 'Convenience of the Government'.

We ask for the board's most careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision. These issues do not supercede any issues previously submitted by the applicant.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Letter from Disabled American Veterans dated December 13, 1999
Letter from Department of Veterans Affairs dated January 11, 1999

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     890827 - 900909  COG

 Period of Service Under Review :
Date of Enlistment: 900910               Date of Discharge: 930611

 Length of Service (years, months, days):

         Active: 02 09 02
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 49/36

 Highest Rate: AEAN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.47 (3)             Behavior: 3.27 (3)                OTA: 3.27

Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: None

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

HONORABLE/Alcohol abuse - rehabilitation failure, authority: MILPERSMAN, Article 3630550.
Chronological Listing of Significant Service Events :

900911:  Applicant briefed on Navy's policy on drug and alcohol abuse.

930527:  CAAC Evaluation: Recommend Level III treatment.

 930527:  Drug and Alcohol Dependency Evaluation: Applicant is alcohol dependent (mild). Level III treatment recommended.

930527:  Applicant notified of intended recommendation for discharge with under honorable conditions (general) by reason of alcohol abuse rehabilitation failure as evidenced by failure to successfully complete Level III inpatient treatment.
930527:  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.

930528:  Applicant declined alcohol Level III treatment.

 930611:  Commanding officer directed discharge honorable by reason of alcohol abuse rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 930611 honorable 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, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

 The Board found that the applicant had several documented alcohol related incidents, was considered alcohol dependent and Level III treatment was recommended. On 930528, the applicant was offered Level III treatment and declined it. The Board cited his signed statement which included his acknowledgement that declining Level III treatment could be used as grounds for administrative separation. The applicant is requesting in issue 1 that the reason for discharge be changed to convenience of the government. No other reason for discharge would be appropriate since the applicant’s refusal to participate in Level III treatment is considered an alcohol rehabilitation failure. No relief will be granted based on this issue.

In response to the applicant’s inability to use his GI Bill, the applicant was briefed on the Veterans’ Educational Assistance Act of 1984 (G.I. BILL). Specifically, he was briefed that an Honorable discharge after completion of 36 months on active duty would be required for entitlement to benefits under the G.I. BILL.
Pertinent Regulation/Law (at time of discharge)
A. The Naval Military Personnel Manual, (NAVPERS 15560C, effective 15 Aug 91 – 02 Mar 93), 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    




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