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NAVY | DRB | 2002_Navy | ND02-00498
Original file (ND02-00498.rtf) Auto-classification: Denied


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

ex-OSSN, USN
Docket No. ND02-00498

Applicant’s Request
The application for discharge review, received 020305, requested that the characterization of service on the discharge be changed to honorable. 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: GENERAL (UNDER HONORABLE CONDITIONS)/ALCOHOL REHABILITATION FAILURE, authority: MILPERSMAN, Article 1910-152 (formerly Article 3630550).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted
1. I believe I should receive a Honorable Discharged cause the time I was in I really didn't get into any trouble. I was an Operation Specialist Third Class/Operation Specialist Seaman. My duties as an Operation Specialist was to write training reports and do training with the E-1 to E-3 below. I was on the Snoopy training team. I was in the military for 3½ years and there was a few times I got into trouble but mostly I didn't. I was a square away sailor. Now that I'm a civilian I haven't been into any trouble. I'm trying to go to college to further my education. That's why I think I should receive a Honorable discharged from the military.

 Documentation
Only the service and medical records were reviewed, as the Applicant did not provide additional documentation for the Board to consider.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USNR              971015 - 001004  HON (To reenlist USN)
         Inactive: USNR            970917 - 971014  To report to ACDU

 Period of Service Under Review :
Date of Enlistment: 001005*     Date of Discharge: 010828

 Length of Service (years, months, days):

         Active: 00 10 24
         Inactive: None

 Age at Entry: 22                          Years Contracted: 5

 Education Level: 12                        AFQT: 37

 Highest Rate: OS3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.0 (2)     Behavior: 1.5 (2)                 OTA: 2.86 (5.0 evals)

 Military Decorations: None

 Unit/Campaign/Service Awards: AFEM, SSDR, GCM

 Days of Unauthorized Absence: None

*USN Reenlistment contract not contained in service record.

 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 :

001005:  Reenlisted USN for 5 years onboard USS BRIDGE (AOE-10) at Bremerton, WA.
010222:  NJP for violation of UCMJ, Article 134: drunk and disorderly.
         Award: Forfeiture of $200 per month for 2 months, restriction for 40 days. No indication of appeal in the record.

010223:  Retention Warning: Advised of deficiency (violation of UCMJ, Article 134 - drunk and disorderly), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

010326:  Commenced Intensive Outpatient Treatment, Alcohol Treatment Dept, Naval Hospital, Bremerton, WA.
         Diagnosis at Time of Transition: 1 - Alcohol Abuse (DSM IV 305.03), 2- nicotine Dependence (DSM IV 305.11), 3 - Acute Bronchitis.
         22 year old African-American, male, OS3, AD, USN with three years of continuous service was treated with four weeks of intensive outpatient treatment consisted of: films, lectures and discussion groups on the subject of alcohol, drug abuse, alcoholism, recovery and related topics, daily group therapy, individual counseling, study of recovery-related literature and attendance of three AA meetings weekly.
         Prognosis: Guarded based upon pt's passivity in seeking to increase his support network and to increase his self-motivation to achieve his goals.

010420   Completed intensive phase of treatment.

010622:  Emergency Room, Naval Hospital, Bremerton, WA: Diagnosis: Acute Alcohol Intoxication.

010623:  Sick Call: 23 year old male reports to medical for follow-up SIQ from emergency room return due to intoxication.
         Assessment: Fit for full duty. Return to duty.
010725:  NJP for violation of UCMJ, Article 134 (2 Specs): incapacitated for performance of duties through prior wrongful indulgence in intoxicating liquor and drunk and disorderly.
         Award: Forfeiture of $692 per month for 2 months, restriction for 60 days, reduction to E-3. No indication of appeal in the record.
010731:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of pattern of misconduct and alcohol abuse rehabilitation failure.

010731:  Applicant advised of his rights and having consulted 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.

010731:  Applicant appealed the discharge action by requesting retention.

 010902:  CO, USS BRIDGE advised CNPC that Applicant was discharged on 28 August 2001 with a general (under honorable conditions) by reason of alcohol abuse rehabilitation failure and pattern of misconduct. Commanding Officer's comments (verbatim): "OSSN M_ (Applicant) was found guilty of violation of UCMJ, Article 134 (drunk and disorderly) on 22 Feb 2001. He was subsequently sent to Level II Alcohol Abuse Rehabilitation Treatment. Shortly after his completion of Level II Rehabilitation Treatment, OSSN M_ (Applicant)'s excessive overindulgence in alcohol resulted in his admittance to Naval Hospital Bremerton where he required constraints to prevent injury to himself and others. His violent actions while intoxicated were of such a nature to bring discredit on the naval service. Per MILPERSMAN 1910-152, administrative separation processing was initiated due to Alcohol Abuse Rehabilitation failure. General Court-Martial Convening Authority review was completed prior to member's separation."

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 010828 with a discharge 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).

 The Applicant’s previous honorable service from October 15, 1997 to October 4, 2000 should be reflected in Block 18 of the Applicant’s DD Form 214. The Navy Personnel Command has been advised of this administrative error and the original DD Form 214 should be corrected or reissued as appropriate.

Regulations limit the NDRB to consider only the enlistment period under review for propriety and equity. The Applicant’s discharge characterization for the enlistment period October 5, 1997 to August 28, 2001 is accurately reflected as a general discharge under honorable conditions. The Applicant was an alcohol rehabilitation failure. In addition, his service record is marred by award of non-judicial punishment (NJP) on two occasions. A characterization of service of under honorable conditions (general) is warranted when significant negative aspects of a service member’s conduct or performance outweigh the positive aspects of the service member’s military 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. 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. 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 " 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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