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NAVY | DRB | 2002_Navy | ND02-00972
Original file (ND02-00972.rtf) Auto-classification: Denied


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

ex-CTRSN, USN
Docket No. ND02-00972

Applicant’s Request
The application for discharge review, received 020626, 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 030319. 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 my discharge should be changed to honorable. At the time of my offenses, I was in between a rock and a hard place. Being in an "A" school status for a year, then a training status for a year after that. I just got caught up in frustration and happened to be under the age of 21. In fact, the legal drinking age on Ft Huachuca upon arrival was 18. There really no condoning my actions, but I don't think it was necessary to discharge me from the Navy for having a drink. I wish I could take it all back and be out on direct support from Yokosuka where my orders were too. Instead I now attend Grand Rapids Community College for an Associates in Computer Electronics. In the next few years I will try and reenlist for the Navy without mistakes. I let my boring yo for a few minutes but I was never a bad sailor. I miss it dearly. Please consider my contributions to the Navy and the Volunteer work, which accompanied it.

 Documentation
Only the Applicant's service and medical records were considered, 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):
         Inactive: USNR (DEP)     980921 - 990103  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 990104               Date of Discharge: 010416

 Length of Service (years, months, days):

         Active: 02 03 13
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 78

 Highest Rate: CTRSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.0 (1)     Behavior: 3.0 (1)                 OTA: 3.0 (5.0 evals)

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 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 1910-152 (formerly Article 3630550).
Chronological Listing of Significant Service Events :

000921:  DAPA Evaluation/Recommendation: Applicant interviewed for the second time in the past 6 months. I feel that he has a disregard of the Navy's policy on underage alcohol consumption. CTRSA Z_ (Applicant) has been through the Army's TRACK 1 treatment program for low impact alcohol abusers, and myself and other staff members on the effects of underage drinking have counseled him. Through my numerous counseling sessions he fully understands the physical effects that underage alcohol consumption can have on his health. Through my counseling he is also fully aware of the effects of the underage alcohol consumption can have on his career. CTRSA Z_ (Applicant) has been periodically informed through counseling, GMT's and Quarters that underage alcohol consumption will not be tolerated at this command. By disregarding the information that is presented during these sessions he has continued to disobey the regulations and orders that are put in place for him to obey. As per OPNAVINST 5350.4C he is to be processed for an Administrative Separation from the Navy unless a written waiver is obtained from Commander, Navy Personnel Command. As the DAPA of NTTC Det. Ft. Huachuca I feel he is a risk to become a serious alcohol abuser or even alcohol dependant. I recommend we do not seek a waiver from the Commander, Navy Personnel Command. (Signed by CTR1 T_ C. M_, DAPA)
001005:  NJP for violation of UCMJ, Article 92: Failure to obey other lawful order: in that CTRSA R_ R. Z_ (Applicant), having knowledge of a lawful order issued by Master Chief Petty Officer in Charge, NAVTECHTRACEN Det Fort Huachuca, not to consume alcoholic beverages while under age, an order which it was his duty to obey, did on board Fort Huachuca, on or about 08APR00, fail to obey the same by wrongfully consuming alcoholic beverages.
         Award: Forfeiture of $37.58 for 7 days. No indication of appeal in the record.

010208:  DAPA, Treatment Failure Notification: Initially screened CRTSN Z_ (Applicant) on 10 April following an alcohol-related incident, and referred him to the Army's Alcohol and Drug Center on Ft. Huachuca for further screening and possible treatment. He successfully completed the Army's TRAC 1 program on 9 June. I screened him again on 21 September following a second alcohol related incident. He was screened again by the Army's Alcohol and Drug Abuse Center on Ft. Huachuca. He was assessed the same as the first incident due to no signs of dependency or severe abuse. He was not scheduled to attend further treatment. Per OPNAVINST 5350.4C, members who incur an alcohol incident any time in their careers, after having received treatment that resulted from a previous incident, will be processed for administrative separation, unless a written waiver is obtained from Commander, Navy Personnel Command (COMNAVPERSCOM). (Signed by T. C. M_)

010213:  Applicant notified of intended recommendation for discharge with general (under honorable conditions) by reason of alcohol abuse rehabilitation failure as evidenced by treatment failure.
010213:  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.

010507:  Commanding Officer, Naval Technical Training Center, Pensacola, FL, advised CNMPC of Applicant's discharge on 16 April 2001 with a general (under honorable conditions) by reason of alcohol abuse rehabilitation failure. Commanding Officer’s comments (verbatim): "Seaman Z_ (Applicant) reported to my detachment at Ft Huachuca on 19 March 2000. Seaman Z_ (Applicant) completed treatment on 9 June 2000. On 21 September 2000, he was screened again as a result of a second incident. Therefore, he was considered to be a treatment failure."

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 010416 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).

Issue 1: The Applicant believes that his discharge should be upgraded to honorable. Regulations limit the NDRB’s review to a determination on the propriety and equity of a discharge. In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge proper and equitable.
The Applicant’s service is equitably characterized as general (under honorable conditions) and the reason for discharge, alcohol rehabilitation failure, appropriately describes the reason for the Applicant’s discharge. A characterization of service of general (under honorable conditions) is warranted when significant negative aspects of a service member’s conduct or performance of duty outweigh the positive aspects of the service member’s military record. T he Applicant’s conduct, which forms the primary basis for determining the character of service, reflects his disobedience of the orders and directives that regulate good order and discipline in the naval service, and falls short of that required for a fully honorable characterization of service. The record is devoid of evidence that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. After a complete review of the record the Board determined that the Applicant’s discharge was proper and equitable. The Applicant’s discharge characterization accurately reflects his service to his country. An upgrade to fully honorable would be inappropriate. Relief denied.

T here 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, and certification of non-involvement with civil authorities, are examples of verifiable documents that should be provided to receive consideration for relief, based on post-service conduct. After a complete review of the record, including the evidence submitted by the Applicant, the Board determined that the Applicant’s discharge was proper and equitable and that his evidence of post service accomplishments (Applicant stated he now attends Grand Rapids Community College pursuing an Associates Degree in Computer Electronics) was found not to mitigate the misconduct for which he was discharged. 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 21 Aug 2002, 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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