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NAVY | DRB | 2000_Navy | ND00-00926
Original file (ND00-00926.rtf) Auto-classification: Denied


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


ex-CTOSR, USNR
Docket No. ND00-00926

Applicant’s Request
The application for discharge review, received 000725, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant listed the Veterans Outreach Center, Inc. as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010201. 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

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 applicant's work history
Statement from applicant
 Letter from applicant's doctor dated June 22, 2000
 Character reference dated June 22, 2000
Copies of progress reports dated April 19, 2000, March 29, 2000
 Letter from Massachusetts Rehabilitation Commission dated May 17, 2000
 Letter from Mental Health and Substance Abuse Services of the Berkshires dated June 2, 2000
Letter from Commonwealth of Massachusetts, Massachusetts Rehabilitation Commission dated June 16, 1999
 Copy of progress report dated April 14, 2000
Copy of psychological evaluation
Copy of narrative summary dated September 25, 1996
 Letter to applicant from QTC Medical Services dated August 22, 2000 with attachments

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     950929 - 960303  COG
Period of Service Under Review :
Date of Enlistment: 960304               Date of Discharge: 961206

 Length of Service (years, months, days):

         Active: 00 09 03
         Inactive: None

 Age at Entry: 19                          Years Contracted: 8
Education Level: 12                        AFQT: 61

 Highest Rate: CTOSR
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 3630550.
Chronological Listing of Significant Service Events :

960823:  NJP for violation of UCMJ, Article 111: Drunken operation of a vehicle, violation of UCMJ, Article 134: Wrongful possess and consume alcoholic beverages as a minor.
         Award: Forfeiture of $437 per month for 2 months, restriction and extra duty for 30 days. No indication of appeal in the record.
960923:  Applicant completed Level III treatment for alcohol dependency. 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 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.

961216:  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 961206 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 introduced no decisional issues for consideration by the Board.

 While the Board sympathizes with the applicant’s mental health problems, the Board noted that the applicant violated UCMJ Articles 111 (DUI) and Article 134 (consumption of alcoholic beverages by a minor) and failed her alcohol abuse rehab. While the Board recognizes that Alcoholism and alcohol abuse are not, in themselves, offenses which constitute grounds for punishment, it reminds applicants who commit offenses while drinking that they are still responsible for their actions. They must accept the consequences of their misconduct or misbehavior, whether committed before or after they received rehabilitation treatment. The Board sees no reason to change the applicant’s discharge.

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 she 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, 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 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 DC 20374-5023      


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