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NAVY | DRB | 2002_Navy | ND02-00496
Original file (ND02-00496.rtf) Auto-classification: Denied


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

ex-HTFN, USN
Docket No. ND02-00496

Applicant’s Request
The application for discharge review, received 020226, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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 021115. 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 character of the discharge shall not change. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 1. To Whom It May Concern:

I am writing this letter in hopes that I can receive a discharge from the Navy other than the one I presently have (OTH). During the period of my trouble, my wife died unexpectedly, after I was home only three weeks from a deployment in the Red Sea during Desert Storm.

I am an alcoholic. I know and accept that fact today. During the time of my trouble and grieving, all I wanted to do was "hide in a bottle". The Navy intervened and sent me to Portsmouth Naval Hospital for detoxification and the psychiatric ward for evaluation. The counseling and therapy groups were done by Navy psych-techs. Upon release, I felt no sense of comfort or relief from their treatment and was returned to duty. At the advice and counsel of my chief, I went to A.R.C. My desire to stop drinking was not as strong as my need to continue. It seemed as if my whole world fell in. Overwhelming situations, followed by UA twice and the inevitable discharge was notable. The disease of alcoholism tells me of the insanity it brings into our lives. My sense of military bearing during these events was not present and I was truly acting out of character from the manner I previously had exhibited.

My Naval record of 10 years reflected a career-oriented sailor, with good evaluations and special duty as a naval recruiter in NRD-Washington, D.C.

In my 10 years of life after discharge, I have had to seek professional help in other rehabilitation centers and along with one-on-one counseling with psychiatrists and addiction therapists. Alcoholics Anonymous is the glue that holds my life together today. Making a total change in my thinking and living, along with being honest with myself and to others has turned my life around. I am a self-employed carpenter and enjoy a good and meaningful life today with my wife, also a member of A.A.

I often think back on my naval service and regret the decisions I made at the end of my service. I can honestly say that I hold no ill feeling toward the Navy. I cannot change the past, but I hope my country can forgive me and grant me an Honorable Discharge.

Sincerely yours, (Signed by Applicant)

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214 for period 87MAR03 - 92OCT23
Character Reference letter from W_ H_, dtd Aug 14, 2001, regarding rehab
Character Reference letter from Rev. J_ F. F_, fellow member of AA and pastor
 Character Reference letter from G_ D_, dtd Oct 17, 2001, fellow member of AA, co-worker and employer
Copy of DD Form 214 for period 87MAR03 - 92OCT23
Copy of DD Form 214 (HONORABLE) for period 82MAR09 - 87MAR02

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        820209 - 870302  HON
        
Period of Service Under Review :
Date of Enlistment: 870303               Date of Discharge: 921023

 Length of Service (years, months, days):

         Active: 05 07 21 (Doesn't exclude lost time.)
         Inactive: None

 Age at Entry: 34                          Years Contracted: 6

 Education Level: 12                        AFQT: 85

 Highest Rate: HT1

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.57 (7)    Behavior: 3.57 (7)                OTA : 3.80

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM(2), MUC(2), NEM, Battle "E: Award, SSDR(3), NDSM, SWASM (w/Bronze Star), NAM, OSSR, NRSR, ESWP

Days of Unauthorized Absence: 74

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

911028:  USS SHENANDOAH sick call: 38 year old white male reports to medical with complaint of cut to left eyebrow and at cheek. Pt was out in town about one and a half hours ago and fell on the ground after tripping on a stone. Pt admits to having about 10 beers over the course of 6 hours. Pt complains of pain to left eye and cheek…
         Assessment: 1 - Laceration left upper eyelid and left cheek. 2- Alcohol intoxication.
920110:  Acute Care Dept, Boone Clinic, NAB Little Creek: 38 year old brought in by Virginia Beach police. Pt says that he and his wife (age 48) were drinking heavy Sat night. Pt awoke and found her unresponsive, she stopped breathing, he started CPR and he says blood came out of her nose and mouth. He says she had already vomited blood on herself. Wife had history of heavy drinking & GI bleed 3 years ago due to esophageal varices … He says he covered her and went to drinking ½ gallon of Vodka. "Didn't even make me drunk just sick, tried to drown my sorrow." Pt says he stayed in his room the whole week…
         Impression: 1 - alcoholism with withdrawal symptoms, 2 - suicidal ideation.
         Plan: Call Dr. K_. Psychiatrist says he feels pt needs detox prior to psych eval. Called Dr. _ accepts pt, sent to ER with escorts.

920315:  Admission to Naval Hospital Portsmouth, VA.
ADMISSION DIAGNOSES: 1 - Alcohol Dependence; 2 - Uncomplicated bereavement; 3 - R/O Major depressive episode; 4 - R/O Adjustment disorder with depressed mood; 5 - Essential Hypertension versus Mild alcohol withdrawal; 6 - Elevated Liver function tests.
CHIEF COMPLAINT: "I have DT's and I need to talk to a psychiatrist."
MENTAL STATUS EXAM: Upon transfer to Psych Service, mental status exam revealed an alert and fully oriented, talkative, slightly obese, adult white male…Pt had a neutral to sad mood with a congruent, intermittently tearful, affect. Cognition was grossly intact. Insight and judgment were not psychotically impaired. Pt denied suicidal and homicidal ideation.
HOSPITAL COURSE: After being admitted to the Medicine Service for alcohol detoxification and being medically cleared, pt was transferred to Psychiatry Service on 18 Mar 92. While on the Psych Ward, pt was afforded individual, group and milieu therapy. Except for some mild irritability noted during the early part of the hospitalization, pt interacted appropriately with others. Not a management problem…no evidence of a major mood disorder, psychosis or organicity. Denied suicidal ideation throughout his psychiatric admission. Voiced a strong desire to return to his command and to stay in the Navy. Voiced motivation to follow-up with outpatient support services. He attended AA and substance abuse groups during hospitalization. At discharge, he voiced readiness to be discharged from the hospital. He denied suicidal and homicidal ideation.
DISCHARGE DIAGNOSES: V Code: Uncomplicated Bereavement. AXIS I: (1) Alcohol Dependence; AXIS II: No Diagnosis; AXIS III: (1) Hypertension, (2) Status-Post Uncomplicated Alcohol Withdrawal, (3) Liver Enzyme Abnormalities; AXIS IV: Severe Stressors, i.e., recent death of wife; AXIS V: GAF now 60, past year 75.
DISPOSITION: Pt discharged to full duty at his parent command.
DISCHARGE INSTRUCTIONS/PLANS/RECOMMENDATION:
(1) Psychiatry recommends command consider following options:
(a) Administratively separate member due to alcohol rehabilitation failure, (b) monitor the pt closely while the pt is given another chance while getting outpatient support, i.e., AA, chaplain, etc.
(2) Recommend abstinence from alcohol, attending AA at least five times per week, and obtain a sponsor.
(3) Follow-up with command chaplain.
(4) Follow-up with Bereavement Group (Pt will be responsible for paying any expenses incurred.)
(6) Point of contact Dr. B_
(7) Command contacts ship ’ s XO, Physicians Assistant, and Command Chaplain. "I expressed Psychiatry's concern to the Command that this pt was felt to have a significant chance for relapse and that he could potentially be a danger to himself or others on the ship if he did have a relapse and started drinking again." Signed by LCDR B. L_, MC, USNR DISCHARGED FROM HOSPITAL: 92MAR24.
920320:  Retention Warning: Advised of deficiency (failure to comply with the guidelines of your alcohol aftercare plan after completing Level III treatment), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
920402:  USS SHENANDOAH sick call: 38 year old white male with diagnosis of alcohol dependence. Completed Level III ARC with relapse on 15 Mar 92. Released for further duty on 24 Mar 92. Pt desires to begin Antabuse prescription and states that he was given a one a week prescription by PNH which he has not yet started because he had questions regarding side effects. Cleared by M.O. for Antabuse prescription.
         Assessment: Alcohol Dependence
         Plan: 1 - Begin Antabuse prescription today; 2- follow-up labs on 17 Apr 92; 3 - Return to counseling, patient returns as necessary on 17 Apr 92; 4 - pt education, Antabuse disclaimer, signature obtained; 5 - Pt reassurance; 6 - Return to duty.

920601:  Report of Declaration of Desertion: Declared deserter 92MAY30 having been an unauthorized absentee since 0630, 92APR30 from USS SHENANDOAH (AD 44). Member has suicidal tendencies and recently completed ARC Level III for alcohol abuse.

920623:  Report of Return of Deserter: Apprehended by NIS at 2340, 18JUN92 at Richmond, VA. Returned to military authorities at 2340, 18JUN92 at Richmond, VA.

920716:  NJP for violation of UCMJ, Article 86: unauthorized absence from unit 92APR30 to 92JUN18.
         Award: Forfeiture of $715 per month for 1 month, restriction for 35 days, extra duty for 45 days, reduction to E-5. No indication of appeal in the record.
920729:  USS SHENANDOAH Medical clinic: 39 year old with hypertension since 1988-89 currently on Procardia. Positive alcohol abuse abstinent since 6/18/92. S/P Level III 2/92 at Norfolk. Pt was hospitalized 1/92 for detox and transferred to psych due to suicidal ideation. Often had increased drinking since wife died of brain hemorrhage 1/6/92. Pt was d/c to Emergency leave with recommendation for Level III, but relapsed before and after Level III treatments. Pt signed "page 13" (promise not to relapse again) but relapsed 5/92 and subsequently went UA for 53 days. Currently pending admin separation. Readmit to psych 6/22 - 7/6/92 after return from UA.
         IMPRESSION: (1) chronically uncontrolled hypertension. In fact hypertension is EPTE; (2) Peripheral edema secondary procardia; (3) alcohol abuse - abstinent now per pt; (4) mild transaminase; (5) obesity, recent increased wt gain.
920824:  Unauthorized absence from USS SHENANDOAH as of 0630, 92AUG24. Intent unknown.

920914:  Surrendered on board.

920914:  NJP for violation of UCMJ, Article 86: unauthorized absence from unit.
         Award: Restriction for 45 days, extra duty for 7 days, reduction to E-4. No indication of appeal in the record.
920914   Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and alcohol rehabilitation failure.
         [Extracted from USS SHANANDOAH message of 17Sep92.]

920914:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
920917:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and alcohol rehabilitation failure. Commanding Officer’s comments (verbatim): [Petty Officer L_ (Applicant) has become an administrative and disciplinary burden to this command. Failure to adhere to the guidelines of his alcohol rehab after care program prompted his violations of the UCMJ. Repeated efforts at counseling and other types of assistance have been unsuccessful. He has no potential for continued naval service and should be administratively separated.]

920930:  Naval Hospital Portsmouth: No medical contraindication for separation.

921014:  BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 921023 under other than honorable conditions for misconduct due to commission of a serious offense (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 previous honorable service is accurately reflected in his honorable discharge dated March 2, 1987. Regulations limit the NDRB’s review to making determinations only on the propriety and equity of the discharge period under consideration. The Board examined the equity and propriety within the specific circumstances of the Applicant’s case. The Applicant’s discharge characterization for the enlistment period March 3, 1987 to October 23, 1992 is an accurate description of his service. The Applicant was an alcohol rehabilitation failure. In addition, his service record is marred by award of non-judicial punishment (NJP) on two occasions. The Applicant was in an unauthorized absence status in excess of 30 days, an offense tribal by court-martial. He was subsequently processed for discharge due to his alcohol rehabilitation failure and commission of a serious offence (unauthorized absence). The separation authority directed separation by reason of misconduct due to the commission of a serious offense. A characterization of service of under than honorable conditions is warranted when the service member’s conduct constitutes a significant departure from that expected of a sailor. In this case, the Applicant’s own misconduct far outweighed the positive aspects of his service record. The discharge was proper and equitable. Relief not warranted.

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 on post-service conduct. The evidence submitted by the Applicant does not mitigate his conduct while on active duty. An upgrade based on post-service conduct is not warranted. Relief denied.

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. Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until
04 Mar 93, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

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      


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