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NAVY | DRB | 2002_Navy | ND02-00592
Original file (ND02-00592.rtf) Auto-classification: Denied


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

ex-BTFN, USN
Docket No. ND02-00592

Applicant’s Request
The application for discharge review, received 020326, requested that the reason for the discharge be changed to Secretarial Authority. The Applicant requested a personal appearance hearing discharge review before the Board in the Washington National Capital Region. The Applicant listed the American Legion as his representative on the DD Form 293.

Decision

A personal appearance hearing was conducted in Washington, D.C. on 030416. 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 or the narrative reason for his discharge. The Board’s vote was three to two that the character and the narrative reason for the discharge shall not change. The discharge shall remain: HONORABLE/ALCOHOL REHABILITATION FAILURE, authority: MILPERSMAN, Article 3630550.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

Issue 1 – Applicant’s post-service conduct and accomplishments have been sufficiently creditable to warrant the Naval Discharge Review Board’s clemency relief with recharacterization of his RE-code and change of narrative reason.

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Character Reference Letter from V_ R. A_, Analytical Section Supervisor Miami Dade Police Department, dated April 5, 1999
Employment Reference Letter from J_ R. A_, PhD, dated August 24, 1998
Reference Letter from S_ S_, Jr dated March 5, 1999
Letter of Recommendation from M_ A. N_, Esq, dated April 6, 1999
Character Reference Letter from L_ C. S_
Resume (2 pages)
Unofficial Transcript (3 pages)
High School Scholastic Record
Court Order for Name Change, dated January 5, 1999 (2 pages)
Letter from Applicant, dated November 2, 2002
Certificate of Award (Achievement in Science), dated June 7, 1984
Gifted/Talented Program Letter from Principal
Regional Mathcounts Certificate of Merit
Library Service Award (1 year of service), dated May 7, 1985
Superintendent's List Academic Excellence Award (1985-86 1 ST Semester)
Superintendent's List Academic Excellence Award (1985-86 2nd Semester)
Junior Prepared Public Speaking Award, dated April 17, 1986
Extemporaneous Public Speaking Award, dated April 30,
Library Service Award (Library Club- 2 years), dated May 6, 1986
Certificate of Special Recognition (Outstanding Achievements), dated May 1, 1986
Participation Award (Academic Enrichment Camp) 1986
Certificate of Participation (National Invitational Parliamentary Law Contest), dated November 11, 1986
Certificate of Participation (Boy's Oratory) 86-87
Superintendent's List Academic Excellence Award (1986-87 1 ST Semester)
Letter of Commendation (Outstanding Performance on the Preliminary Scholastic Aptitude Test/National Merit Scholarship Qualifying Test) 1987
Certificate of Participation (1987 Augusta County Forensics Meet)
Letter of Congratulation from J_C. S_, President Blue Ridge Community College, dated March 3, 1987
Certificate of Achievement (Agricultural Sale and/ or Service), dated April 30, 1987
National Honor Society Certificate, dated October 20, 1987
Athletic Certificate year of 1987
Superintendent's List Academic Excellence Award (1987-88 2nd Semester)
Certificate of Participation (Jets Competition-Third in State) 1987-88
Athletic Award (Football) 1988
Athletic Award (Varsity Football) (Maintaining a 3.0 or better GPA)
Athletic Award (Tennis) (Maintaining a 3.0 or better GPA)
Athletic Award (Varsity Basketball) (Maintaining a 3.0 or better GPA)
Certificate of Special Recognition (Outstanding Achievement) 1988-89
Superintendent's List Academic Excellence Award (1988-89 1 ST Semester)
Athletic Award (Varsity Basketball) 1988-89
Athletic Award (Tennis) 1989
Certificate of Participation (1989 Augusta County Forensics Meet), dated February 8, 1989
Divemaster Certificate
Master Scuba Diver Certificate, dated October 23, 1995
Enriched Air Nitrox Diver Certificate, dated February 7, 1996
Assistant Instructor Certificate (Underwater Activities)
Certificate of Completion (PADI Instructor Examination), dated April 28, 1996
Golden Key National Honor Society Certificate 1998
Phi Kappa Phi Honor Society Certificate, dated April 27, 1998
Letter of Congratulation (1998 Undergraduate Award in Analytical Chemistry), dated October 1, 1998
Certificate of Completion in Forensic Science, dated December 4, 1998
Bachelor of Science in Chemistry Degree, dated December 4, 1998
Certificate of Achievement (Chemistry), dated April 10, 1989
Outstanding Academic Excellence Award (Bachelor of Science in Chemistry), dated April 10, 1999
Outstanding Academic Achievement Award in Chemistry, dated April 25, 1999
Student Intern Achievement Award, dated August 28, 1998
Certificate of Completion (Traffic Control Officer Course), dated August 29, 1998
Special Achievement Award (Volunteer Forensic Science Student)
Certificate of Appreciation Letter, dated March 20, 1999
Certificate of Appreciation (436 hours of service during 1998), dated March 20, 1999
Copy of American Academy of Forensic Science Proceedings (8 pages) February 15-20, 1999
Transcripts from Durham Technical Community College (3)

ADDITIONAL SUPPORTING DOCUMENTS RECEIVED APRIL 9, 2003

 :

Employee Performance Summary, dated 10/99 to 9/00 (4 pages)
Employee Performance Summary, dated 10/00 to 7/01 (4 pages)
Employee Performance Summary, dated 08/01 to 08/02 (5 pages)
Letter of Congratulations (Merit Award), dated November 3, 2000
Certificate of Attendance (2690/2790 Maintenance), dated December 2000
Certificate of Achievement (Multiprobe II), dated August 30, 2001
Emergency First Response Instructor Application, dated March 8, 2003
Test Results (Willow Family Medical Center), dated March 16, 2003
Criminal Record Check Letter from State of North Carolina General Court dated March 20, 2003
Character Reference Letter from J_ M_, Project Engineer, dated March 10, 2003
Character Reference Letter from M_ A. I_, M.D., dated April 3, 2003

ADDITIONAL SUPPORTING DOCUMENTS RECEIVED APRIL 15, 2003:

 Applicant's cover letter, dated April 10, 2003
Emergency First Response Certificate (Instructor Course with AED), dated March 8, 2003
Letter of Congratulation from D_ R_, Emergency First Response Corp, dated March 28, 2003
Letter of Recommendation from M_ C. C_, ESQ, dated April 8, 2003

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     920115 - 920602  COG
         Active: USN               None

 Period of Service Under Review :
Date of Enlistment: 920603               Date of Discharge: 930802

 Length of Service (years, months, days):

         Active: 01 01 20
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4 (24 month extension)

 Education Level: 13+              AFQT: 95

 Highest Rate: MM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.3                  Behavior: 3.3             OTA: 3.3

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: 10

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

HONORABLE/ALCOHOL REHABILITATION FAILURE, authority: MILPERSMAN, Article 3630550.
Chronological Listing of Significant Service Events :

920604   NAVPERS 1070/613, Recruit Training Command: Applicant informed he would be retained in the Navy despite his defective enlistment and induction due to fraudulent entry into the naval service as evidenced by his failure to disclose pre-service civil involvement: MAR 91: Juvenile in possession of alcohol, Key West, FL, charges dropped; JAN 89: Juvenile in possession of alcohol, Lexington, VA, charges dropped with 10 hours of community service.

920614 NAVPERS 1070/613, Recruit Training Command: Continuation in the Nuclear Power field is authorized not withstanding [juvenile] possession of alcohol x 2.

920821   Applicant briefed on Navy policy on drug and alcohol abuse.

930622:  Medical Screening from Mental Health Department, Naval Hospital, Orlando, FL: Diagnosis of Adjustment Disorder with Depressed Mood, Alcohol Dependence and Schizoid Personality Traits. Applicant indicated that he is no longer motivated to remain in the military service.

930623:  Applicant refused Level III treatment.

930624:  Drug and Alcohol Abuse Report: The Applicant was admitted to mental health, Naval Hospital, Orlando, FL and diagnosed as alcohol dependent. The member refused military and VA Level III treatment. No potential for further service.

930624   Applicant acknowledged removal from the Nuclear Power Program for demonstrated unreliability.

930624   Authorization to change the Applicant’s rate from MMFN to BTFN completed this date.

930625:  NJP for violation of UCMJ, Article 86: On or about 0735, 930601 absent without authority from organization and did remain so until on or about 0130, 930611 (10 days).
         Award: Forfeiture of $474.00 pay per month for 2 months (suspended for 2 months), restriction and extra duty for 30 days, reduction to E-3. No indication of appeal in the record.

930716:  Applicant notified of intended recommendation for discharge under honorable conditions by reason of alcohol abuse rehabilitation failure as evidenced by refusal to complete the treatment program for alcoholism.
930716:  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.
930721:  Commanding Officer directed discharge under honorable conditions by reason of alcohol abuse rehabilitation failure as evidenced by refusal of alcohol rehabilitation and personality disorder.

 000222:  NDRB documentary record review Docket Number ND99-00721 conducted. Determination: discharge proper and equitable; relief not warranted.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 930603 with an honorable characterization of service 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 has no authority to make recommendations to permit reenlistment, reentry, or reinstatement into the naval service or any other branch of the Armed Forces, as requested by the Applicant. Furthermore, neither a less than honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Regulations limit the Board’s review to a consideration of the propriety and equity of a discharge. The Board determined that the Applicant’s discharge was proper and equitable and accurately reflects the reason for his discharge from the naval service. The Applicant’s summary of service clearly documents the Applicant’s behavior and medical diagnoses, which resulted in a recommendation for him to attend Level III treatment. The Applicant is considered an alcohol rehabilitation failure, by virtue of his declining the recommended treatment.

T here is no law, or regulation, which provides that an unfavorably perceived discharge reason code may be changed, 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. The Applicant provided solid evidence to the Board that he has accomplished much since his honorable discharge from the Navy. The Board was impressed with the Applicant’s inherent intelligence and in his efforts at continuing his education and securing significant full-time employment, however, these accomplishments do not mitigate the reason for the Applicant’s discharge. Relief not warranted. Relief denied.



Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), effective 05 Mar 93 until
21 Jul 94, 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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