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NAVY | DRB | 2001_Navy | ND01-00935
Original file (ND01-00935.rtf) Auto-classification: Denied


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

ex-HTFN, USN
Docket No. ND01-00935

Applicant’s Request
The application for discharge review, received 010712, requested that the reason for the discharge be changed to something other than alcohol abuse. 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 020130. 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 reason for 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
1. I was not an alcohol rehabilitation failure. I never went through a recovery program, nor was I ever referred to a substance abuse doctor or professional. I was never disciplined for an alcohol-related offense. Having alcohol as a reason for discharge on my DD-214 has had a very detrimental effect on my life. Plus, it is simply not true.

 Documentation
Only the service and medical records were reviewed, as the applicant did not provide additional documentation for the Board to consider. Subsequent to the application, the applicant provided:

         Applicant's ltr to Board dtd Nov 11, 2001
         Enlisted Performance Evaluation Report (From 90DEC29 to 91MAR31)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     900306 - 900904  HON
         Active: USN                        801218 - 840117  HON
                                             761109 - 801217  HON
         Inactive: USNR (DEP)     761001 - 761108  COG

 Period of Service Under Review :
Date of Enlistment: 900905               Date of Discharge: 920115

 Length of Service (years, months, days):

         Active: 01 04 11
         Inactive: None

 Age at Entry: 32                          Years Contracted: 2

 Education Level: 15                        AFQT: 89

 Highest Rate: HT2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.4 (2)     Behavior: 3.6 (2)                 OTA: 3.7

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: 26

 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 :

ADMIN DISCHARGE PACKAGE NOT IN SERVICE RECORD AND APPLICANT DID NOT PROVIDE A COPY.
900905:  Reenlisted at NAVDAMCONTRACEN Philadelphia, PA for 2 years.

901228:  Changed rate to HT and advanced to HT2.

 910511:  Unauthorized absence from 0645, 11MAY91. Surrendered onboard (USS AMERICA) AT 0900, 11MAY91. UA for period of about 2 hours & 15 minutes.
910701:  Unauthorized absence from 0600, 1JUL91. Surrendered onboard (USS AMERICA) AT 0006, 2JUL91. UA for period of about 18 hours & 6 minutes.
910725:  Unauthorized absence from USS AMERICA since 0600, 25JUL91.

 910816:  Surrendered onboard USS AMERICA at Norfolk, VA at 1345, 16AUG91 (22 days).
910921:  Enlisted Performance Record reflects an NJP this date and a reduction in rate to E-4.

910921:  Retention Warning: Advised of deficiency (misconduct by evidence of your non-judicial punishment of 21 September 91, for violation of the UCMJ, Art. 86, unauthorized absence from 25 July 91 to 16 August 91.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

911103:  Unauthorized absence from USS AMERICA since 0700, 3NOV91. Intentions unknown.

911107:  Surrendered onboard USS AMERICA AT 1530, 7NOV91 (4 days).

 911207:  Enlisted Performance Record reflects an NJP this date and a reduction in rate to E-3.

 MEDICAL RECORD DOES NOT CONTAIN ALCOHOL REHAB FAILURE INFORMATION.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 920115 with an honorable discharge 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 applicant’s issue states: “I was not an alcohol rehabilitation failure. I never went through a recovery program, nor was I ever referred to a substance abuse doctor or professional. I was never disciplined for an alcohol-related offense. Having alcohol as a reason for discharge on my DD-214 has had a very detrimental effect on my life. Plus, it is simply not true.” The Board found that the applicant’s service and medical records were incomplete. The applicant requested the reason for discharge be changed from Alcohol abuse- rehabilitation failure to “something other than alcohol abuse.” The Board presumed regularity in the conduct of government affairs. The applicant did not provide documentation to sufficiently rebut the presumption of regularity. The Board found that the reason for discharge was properly and equitably assigned. Relief is not warranted.

 The applicant remains 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 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 " 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 Room 309
                  Washington Navy Yard D.C. 20374-5023    

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