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NAVY | DRB | 2002_Navy | ND02-00437
Original file (ND02-00437.rtf) Auto-classification: Denied


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

ex-ABE3, USN
Docket No. ND02-00437

Applicant’s Request
The application for discharge review, received 020228, 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 of Foreign Wars as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 021029. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the 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, as submitted

1. I felt it was unfair Captains' Mass when I went. I felt that under pressure while still in shock from the night that led to Captains' Mass. I felt it was unfair at Captains' Mass when I explain everything and I didn't feel I was taken seriously. I felt it was unfair having me send to alcohol program with the intent that I needed discipline. I felt it unfair for a General Discharge at Captains' Mass and I like for it to be changed to Honorable for my reasons a Honorable discharge has been my goal from the time I enter the U.S. Navy. I felt it unfair to give me two options and one wasn't something other then a discharge. I felt it unfair and I didn't have anyone listening to me at Captains' Mass. I didn't go out and get drunk. I did go out but someone slip me a Mickey at a strip club and mug me. I felt hurt and still shock. I chose the option I did because captains' mass was presented and I told my story no one believed me. It was unfair to me.

 2. Applicant indicated above requested that Veterans of Foreign Wars act as counsel concerning his application. His records were reviewed on 8/19/2002 and the following comments are hereby submitted: We concur with the Applicant's contention that his discharge be upgraded.

We refer this case to the Board for their careful and compassionate consideration and request the Applicant's discharge be reviewed for upgraded to Honorable.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant's DD Form 214 (2 copies)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     880822 - 880825  COG
         Active: USN               880826 - 920823  HON
         Active: USN               920824 - 950501  HON

 Period of Service Under Review :
Date of Enlistment: 950502               Date of Discharge: 960618

 Length of Service (years, months, days):

         Active: 01 01 17
         Inactive: None

 Age at Entry: 36                          Years Contracted: 3

 Education Level: 12                        AFQT: 24

 Highest Rate: ABE3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (1)    Behavior: 3.60 (1)                OTA: 3. 80

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SASM with two Bronze Stars, SSDR, MUC with two Bronze Stars, NER (2), KLM

 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 :

950502:  Applicant reenlisted at NAS OCEANA, Virginia Beach, VA for 3 years.

960208:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0600 - 0800, 19 Dec 95, violation of UCMJ, Article 134: Drunk and disorderly.
         Award: Forfeiture of $578 per month for 1 month, restriction and extra duty for 7 days, reduction to ABEAN. Reduction suspended for 6 months. No indication of appeal in the record.
960212:  Retention Warning: Advised of deficiency (Drunk and disorderly on 19 Dec 95 and unauthorized absence 0600 - 0800, 19 Dec 95.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

960311:  Medical Screening: Applicant found to be alcohol dependent.
960314:  Applicant ordered to Level III treatment.

960401:  Applicant declined treatment prior to discharge.

960422:  Applicant scheduled to attend Level III.

 960520:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of alcohol abuse rehabilitation failure as evidenced by refusal to attend and participate in Level III treatment.
960520:  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.
960604:  Commanding Officer, USS DWIGHT D. EISENHOWER (CVN 69) directed discharge with a general (under honorable conditions) by reason of alcohol abuse rehabilitation failure as evidenced by failure to attend and participate in Level III treatment. Commanding Officer’s comments (verbatim): ABE3 (Applicant) was diagnosed as being dependent on alcohol and was referred to Level III treatment based on dependency. He failed to complete Level III treatment as a result of his refusal to participate in the program. I have determined that ABE3 (Applicant) has no potential for future service and have approved his separation from the U.S. Navy.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 960618 with a characterization of 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).

 Issue 1: 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. A service member may be separated by reason of alcohol abuse rehabilitation failure when he demonstrates an inability or refusal to participate in, cooperate in, or successfully complete a Level II or III rehabilitation treatment program. T he Applicant’s summary of service clearly documents his award of non-judicial punishment for being drunk and disorderly, his alcohol dependency and his refusal to attend and participate in Level III Treatment. The Applicant’s conduct, which forms the primary basis for determining the character of his service, is marred by his failure to complete the Navy’s alcohol rehabilitation program, and falls short of that required for a fully honorable character of service. Furthermore, the record is devoid of any evidence that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

The following is provided for the Applicant’s information: Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the Applicant’s enlistment. Additionally, 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 civilian life, subsequent to leaving the service. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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. Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge. Evidence of continuing educational pursuits, a positive employment record, documentation of community service, certification of non-involvement with civil authorities, are examples of verifiable documents that should be provided to receive consideration for clemency, based upon post-service conduct.

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. The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Representation at a personal appearance hearing is recommended but not required.

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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