Search Decisions

Decision Text

NAVY | DRB | 2002_Navy | ND02-00247
Original file (ND02-00247.rtf) Auto-classification: Denied


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


ex-SR, USN
Docket No. ND02-00247

Applicant’s Request
The application for discharge review, received 020114, requested that the reason for the discharge be changed to Convenience of the Government. The Applicant requested a personal appearance hearing before the board in the Washington National Capital Region. The Applicant listed the American Legion as the 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 030107. 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 narrative reason of the 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, as submitted

1. (Equity Issue) This former member avers that his narrative reason for discharge, alcohol rehabilitation failure, is erroneous and warrants correction.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant 's DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     971017 - 971222  COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 971223               Date of Discharge: 980812

 Length of Service (years, months, days):
         Active: 00 07 20
          Inactive: None
Age at Entry: 18                          Years Contracted: 4
Education Level: 12                        AFQT: 56

 Highest Rate: SR
Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.00 (2)    Behavior: 2.00 (2)                OTA: 1.25
Military Decorations: None

 Unit/Campaign/Service Awards: None
Days of Unauthorized Absence: None

 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 :

980716:  Medical Note: Diagnosis: Axis I: Alcohol dependence, adjustment disorder with mixed disturbances of emotions and conduct (resolved), Occupational problems. Axis II: Personality disorder NOS with borderline and antisocial features. Axis III: post non-toxic polysubstance ingestion. Recommend inpatient treatment for alcohol dependence. Expeditious administrative separation due to personality disorder after completion of ARD.
980722:  Medical Screening: Psychiatric evaluation: Recommend expeditious administrative separation for unsuitability. The service member manifests a disorder of character, behavior and adaptability that is of such severity and duration as to preclude adequate military service. Although not an imminent risk for suicide or homicide, due to manifested pattern of maladaptive responses to routine personal and work-related stressors, Applicant was considered to be a continuing risk to himself and others. Level III treatment was recommended.
980804:  Report of Medical Examination: Summary of defects and diagnosis: Psych: Axis I: Alcohol dependence, adjustment disorder with mild disturbance of emotions and conduct (resolved), Axis II: Personality disorder NOS. S/P: nontoxic ingestion of poly substance . .. Recommendations: .. .alcohol dependence, continue AA meetings.
980807:  Final Evaluation Report states Applicant refused alcohol treatment.

 980812:  DD Form 214: Honorable due to alcohol rehabilitation failure, authority: MILPERSMAN, Article 1910-152.

Discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was honorably discharged on 980812 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).
Issue 1. The Board found no indication in the records available for review that the Applicant’s narrative reason for separation was assigned improperly or inequitably. The Applicant was diagnosed as alcohol dependent and refused treatment for this condition. No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. Relief denied.
The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. Representation at a personal appearance hearing is recommended but not required.

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 " 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 Rm 309
                  Washington Navy Yard DC 20374-5023      


Similar Decisions

  • NAVY | DRB | 1999_Navy | ND99-00958

    Original file (ND99-00958.rtf) Auto-classification: Denied

    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). The applicant’s refusal to participate in the Alcohol Rehabilitation offered warranted a discharge and the NDRB found the characterization as general to be equitable. You may obtain a copy of DoD Directive 1332.28 by writing to: DA Military Review Boards Agency Management...

  • NAVY | DRB | 2002_Navy | ND02-00617

    Original file (ND02-00617.rtf) Auto-classification: Denied

    (Equity Issue) This former member avers that the narrative reason assigned to him, alcohol rehabilitation failure, that caused discharge is erroneous as he has never had a drinking problem and never attended any treatment for alcohol rehabilitation during 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...

  • NAVY | DRB | 2000_Navy | ND00-00349

    Original file (ND00-00349.rtf) Auto-classification: Denied

    DCFR (applicant) refused Alcohol Rehabilitation Department Level III treatment on 27 April 1998, further indicating a lack of desire to fulfill his contract with the Naval Service. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the reason for discharge was proper and equitable (C and D).The applicant introduced no decisional issues for consideration by the Board.The applicant was diagnosed with "Personality...

  • NAVY | DRB | 2001_Navy | ND01-00605

    Original file (ND01-00605.rtf) Auto-classification: Denied

    ND01-00605 Applicant’s Request The application for discharge review, received 010402, requested that the reason for the discharge be changed. The summary of service clearly documents that alcohol abuse rehabilitation failure was the reason the applicant was discharged. 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.

  • NAVY | DRB | 2003_Navy | ND03-00613

    Original file (ND03-00613.rtf) Auto-classification: Denied

    ISSUE 3: I refused alcohol rehab. He was ordered to report to Intensive Outpatient Treatment for alcohol abuse as a result of CAAC and physician recommendations. 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.

  • NAVY | DRB | 2004_Navy | ND04-00033

    Original file (ND04-00033.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to “FAILURE TO PROMOTE.” The Applicant requests a documentary record discharge review. The captain came to me later and gave me a direct order not to give any information concerning issues that might arise behind the security door of SSES. The summary of service clearly documents that alcohol rehabilitation failure was the reason the...

  • NAVY | DRB | 1999_Navy | ND99-00042

    Original file (ND99-00042.rtf) Auto-classification: Denied

    I direct Personnel Support Activity Detachment, Great Lakes separate SR (Applicant) from the naval service with a discharge characterized as an Entry Level Separation." After a thorough review of the records, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).In issue 1, the applicant states that he “disputes the reason for my Naval discharge as Alcohol Rehabilitation failure on the grounds it is incorrect”. The applicant

  • NAVY | DRB | 2000_Navy | ND00-00129

    Original file (ND00-00129.rtf) Auto-classification: Denied

    I (applicant), am requesting to change my discharge of General Under Honorable Conditions to Honorable Conditions I feel my discharge was inequitable because it was based on an isolated incident. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 980605 with a general (under honorable conditions) due to alcohol rehabilitation failure (A). After a thorough review of the records, supporting documents, facts, and circumstances unique to...

  • NAVY | DRB | 2004_Navy | ND04-01219

    Original file (ND04-01219.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Clermont Recovery Center General Release Form, dated April 15, 2004 (3 pages) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 010323 - 010328 COG Active: None Period of Service Under...

  • NAVY | DRB | 2003_Navy | ND03-01160

    Original file (ND03-01160.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The record indicates that at the time of Applicant’s discharge, he had been diagnosed as alcohol dependent and he was participating in an alcohol treatment aftercare program. The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.