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NAVY | DRB | 2001_Navy | ND01-00605
Original file (ND01-00605.rtf) Auto-classification: Denied


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

ex-ISSN, USN
Docket No. ND01-00605

Applicant’s Request
The application for discharge review, received 010402, requested that the reason for the discharge be changed. The applicant requested a documentary record discharge review. The applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 011018. 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 reason for discharge shall not change. The discharge shall remain: HONORABLE/ALCOHOL REHABILITATION FAILURE, authority: MILPERSMAN, Article 1910-152 (formerly Article 3630550).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. My reason for discharge was inequitable because all duties I performed were carried out in a very exemplary and professional manner which warranted an honerable discharge.

2. I completed all mandatory programs and never missed any work or assigned duties while serving in the naval service.

 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: USNR              920114 - 941027  HON
         Inactive: USNR            911231 - 920113  Reported to ACDU

 Period of Service Under Review :
Date of Enlistment: 941028               Date of Discharge: 990301

 Length of Service (years, months, days):

         Active: 04 04 04
         Inactive: None

 Age at Entry: 26                          Years Contracted: 5

 Education Level: Unavailable     AFQT: Unavailable

 Highest Rate: IS3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*        Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: CGM, OSSM, SSDR, MUC, NDSM, Battle "E" Ribbon

Days of Unauthorized Absence: None

*Not Marks Found for current enlistment.

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

HONORABLE/ALCOHOL REHABILITATION FAILURE, authority: MILPERSMAN, Article 1910-152 (formerly Article 3630550).
Chronological Listing of Significant Service Events :

941028:  Reenlisted at NMITC Dam Neck, VA for term of 5 years.

 980122:  Psychological Evaluation Report (Naval Hospital Rota, SP, Alcohol Treatment Facility (ATF)): Pt is 30 year old, single, female, AD/E4/USN, with six years continuous active service, who is currently assigned as an IS3 at VQ-2, Rota, Spain. She was referred to ATF/CAAC Rota following her third alcohol related incident (Nov 97).
         Diagnosis: AXIS I: Alcohol Abuse, AXIS II: Deferred, AXIS III: None.
         Recommendations: 1 - Using the American Society of Addiction Medicine (ASAM) pt placement criteria, the Pt is appropriate for Outpatient Treatment (Portal II). 2 - Pt appeared motivated to pursue the recommended course of treatment. There was no evidence of psychopathology that would preclude participation in alcohol rehabilitation treatment.

980326:  Applicant signed BAC consent form to provide a blood sample for alcohol content analysis - suspected of "failure to obey a lawful order or regulation". Competence for duty examination referral to Naval Hospital Rota. LPO noted smell of alcohol on breath. No other abnormalities noted. Medical evaluated and placed on sicklist. Pt should not drive, operate machinery or perform any task which place the pt at risk for injury for the next 8 hours.

980403:  Psychological Evaluation Report (Naval Hospital Rota, SP, Alcohol Treatment Facility (ATF)): Pt is 30 year old, single, female, AD/E4/USN, with six years continuous active service, who is currently assigned as an IS3 at VQ-2, Rota, Spain. She was referred to ATF/CAAC Rota following her fourth alcohol related incident (Mar 98).
         Diagnosis: AXIS I: Alcohol Dependence, without physiological dependence, AXIS II: None, AXIS III: None.
         Recommendations: 1 - Weekly meetings with command DAPA, Weekly attendance at the Continuing Care Program at the ATF, Rota, Individual counseling via NFSC. Pt has contacted NFSC for an appointment.
2 - Recommend the pt follow the aforementioned course for a period of four to six weeks. At that time, pt should be re-evaluated to assess the level of additional treatment she should receive. Pt appeared motivated for continued military service, and it is within that context that she is willing to follow any recommendation made by the ATF.
980414:  NJP for violation of UCMJ, Article 134: Drunkenness incapacitation for performance of duties through prior wrongful indulgence in intoxicated liquor or drug.
         Award: Forfeiture of $615 per month for 2 months, restriction for 15 days and extra duty for 60 days, reduction to E-2 (suspended for 6 months). No indication of appeal in the record.
980814:  Reduction to next inferior pay grade was mitigated to forfeiture of $716.85 per month for two months.

980914:  NJP for violation of UCMJ, Article 86 (2 spec): without authority absent herself; violation of UCMJ Article 134: drunkenness incapacitation for performance of duties through prior wrongful indulgence in intoxicating liquor or drug.
         Award: Forfeiture of $615 per month for 2 months, extra duty for 45 days, reduction to E-3. No indication of appeal in the record.
981005:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service possible as general (under honorable conditions) by reason of alcohol abuse rehabilitation failure.

981006:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
981008:  Applicant requested a Conditional Waiver whereby waiving her rights to an administrative board for an honorable discharge by reason of alcohol rehabilitation failure.
981110:  Naval Hospital Rota, Spain (ATF Dept Head): Psychologist, LT. R.D. B_, MSC, opinion that service member has received the appropriate level and intensity of alcohol treatment and continuing care follow up. She does not require additional Level III treatment.

981119:  Commanding officer advised COMNAVPERSCOM that service member was discharged with a honorable by reason of alcohol abuse rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 990301 with an honorable 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).

Issues 1 and 2. The applicant stated that “m y reason for discharge was inequitable because all duties I performed were carried out in a very exemplary and professional manner which warranted an honerable discharge.” Additionally she states, “I completed all mandatory programs and never missed any work or assigned duties while serving in the naval service.” The applicant received an honorable discharge because of her excellent service to the Navy. While the applicant may not have missed any duty and had completed her Continuing Care Programs, the applicant also continued to abuse alcohol. After her last treatment at Naval Hospital Rota, Alcohol Treatment Facility, the applicant received two NJP’s for incapacitation for performance of duties through prior wrongful indulgence in intoxicating liquor or drug. The NDRB, under its responsibility to examine the propriety and equity of an applicant's discharge, will change the reason for discharge if such a change is warranted. The summary of service clearly documents that alcohol abuse rehabilitation failure was the reason the applicant was discharged. No other Narrative Reason for Separation could more clearly describe why the applicant was discharged. To change the Narrative Reason Separation would be inappropriate. Relief denied.

 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 " afls10.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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