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NAVY | DRB | 2002_Navy | ND02-00172
Original file (ND02-00172.rtf) Auto-classification: Denied


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

ex-EN3, USNR (TAR)
Docket No. ND02-00172

Applicant’s Request
The application for discharge review, received 011211, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a documentary record discharge review. The Applicant listed American Legion as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020731. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the NDRB discerned an issue of impropriety in the characterization of the Applicant’s service. The Board’s vote was unanimous that the character of the discharge shall be upgraded. The discharge shall be changed to: HONORABLE/ALCOHOL REHABILITATION FAILURE, authority: MILPERSMAN, Article 1910-152 (formerly Article 3630550).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 1. (Propriety Issue) This former member's avers that his due process rights were violated because the Administrative Separation Processing Notice-Administrative Board Procedures form that he signed indicated that he would receive a fully honorable discharge.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
College Transcript
Letter from Applicant
Copy of Personnel Qualification Standards (2pgs)
Copy of Academic Institution Courses Taken on Active Duty (unofficial transcript)
Copy of Evaluation Report & Counseling Record (3pgs)
Copies of Record of Earnings (5)


PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN               960124 - 990603  HON
         Inactive: USNR (DEP)     950831 - 960123  COG

 Period of Service Under Review :
Date of Enlistment: 990604               Date of Discharge: 010202

 Length of Service (years, months, days):

         Active: 01 07 28
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4

Education Level: 11                        AFQT: 59

 Highest Rate: EN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.66 (3)    Behavior: 2.33 (3)                OTA: 3 .66

 Military Decorations: None

 Unit/Campaign/Service Awards: NAVY"E"RIBBON(2), SSDR(2), ESWI, GCM(2)

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 1910-152 (formerly Article 3630550).


Chronological Listing of Significant Service Events :

980628:  Medical Screening: Applicant diagnosed as alcohol dependent.
980628:  APPLICANT COMPLETED LEVEL III TREATMENT.

990604:  Reenlisted onboard USS LA MOURE COUNTY (LST-1194) for 4 years.
990707:  NJP for violation of UCMJ, Article 128: Assault, violation of UCMJ Article 134: Disorderly conduct, drunkenness.
         Award: Forfeiture of $612.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-3. No indication of appeal in the record.

000921:  NJP for violation of UCMJ, Article 92: Failure to obey an order or regulation, violation of UCMJ Article 112: Drunk on duty.
         Award: Record Unavailable
001008:  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.
Undated:         An Administrative Discharge Board found by a unanimous vote the preponderance of the evidence supports Alcohol Rehabilitation Failure, recommended separation be suspended for 12 months.

001017:  Commanding Officer recommendation for separation suspended for 12 months. Commanding Officer’s comments: I concur with the recommendations of the Administrative Board.

010124:  Commander, Amphibious Group TWO directed the Applicant's discharge with general (under honorable conditions) by reason of alcohol abuse rehabilitation failure.

010202:  Applicant declined CAAC Level III treatment.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 010202 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 equitable, but an issue of impropriety existed in the processing of the Applicants separation (C and D).

Issue 1: The Applicant is requesting an upgrade to his discharge so he can receive benefits from the Department of Veterans Affairs (VA). The VA determines eligibility for post-service benefits not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans benefits. This issue does not serve to provide a foundation upon which the Board can grant relief.

Issue 2: The Board reviewed all of the available documents in this case. The characterization of the Applicant's discharge was equitable. A general (under honorable conditions) discharge was generous based upon the violations of the UCMJ committed by the Applicant, including assault, disorderly conduct, and drunk on duty. But, the Applicant does not base his request on an equity issue, but one of propriety. The Applicant contends that when he was notified of his pending discharge, the Administrative Separation Processing Notice-Administrative Board Procedures Form indicated he would receive an honorable discharge. The Board discerned numerous administrative errors in the documentation. The Board concurs with the Applicant the notification form presented to the Applicant clearly states the characterization of service shall be honorable. Relief is hereby granted on this basis.


 Pertinent Regulation/Law (at time of discharge)

 A Navy Military Personnel Manual, (NAVPERS 15560C), Change 27, effective
27 Mar 2000 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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