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NAVY | DRB | 2003_Navy | ND03-00353
Original file (ND03-00353.rtf) Auto-classification: Denied


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

ex-HTC, USN
Docket No. ND03-00353

Applicant’s Request
The application for discharge review was received on 20021227. The Applicant requests that the reason for the discharge be changed to secretarial authority. 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 20031205. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the Applicant’s narrative reason for discharge was discovered by the NDRB. The Board’s vote was unanimous that the reason for 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 stated

 Applicant’s issues, as stated on the application:

“Issue 1: My discharge was inequitable because it was based on one isolated incident in 14 years of Honorable service with no other adverse action. I am very respectfully requesting that the narrative reason for separation (Block 28) of DD Form 214 be changed to Secretarial Authority instead of Alcohol Rehabilitation.

I will be providing additional documentation to show I am not alcohol dependent and that I am still a top knotch sailor.”

[ADDITIONAL INFORMATION HAS NOT BEEN RECEIVED BY THE BOARD.]

 Documentation
Only the Applicant’s service record was reviewed, as the medical record could not be located. The Applicant provided the following document for consideration:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     831116 - 831218  COG
         Active: USN                        831219 - 860210  HON
                                             860211 – 900412  HON
                                             900413 – 960327  HON
 Period of Service Under Review :
Date of Enlistment: 960328               Date of Discharge: 971201

 Length of Service (years, months, days):

         Active: 01 08 04
         Inactive: None

 Age at Entry: 30                          Years Contracted: 6

Education Level: 12                        AFQT: 54

 Highest Rate: HTC

 Final Enlisted Performance Evaluation Averages : All enlisted performance reports were available to the Board for review.

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM(3), SSDR(4), NAM(3), MUC(2), NDSM, BATTLE “E”, AFSM, Expert Pistol Medal, Expert Rifle Medal, NATO, ESWS, EAWS

 Days of Unauthorized Absence: None

 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 :

960328:  Reenlisted for 6 years at NPTU Charleston, SC.
971124:  Applicant notified of intended recommendation for discharge with an honorable characterization of service by reason of alcohol abuse rehabilitation failure as evidenced by failure to participate in a Level III rehabilitation treatment program.
971124:  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

971205:  Commanding Officer, USS GUNSTON HALL, advised CNP that Applicant was separated on 1 December 1997 with a characterization of Honorable.

[BOARD WAS UNABLE TO OBTAIN MEDICAL RECORDS.]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was honorably discharged on 19971201 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. The Applicant’s service record documents that alcohol rehabilitation failure was the reason the Applicant was discharged. Without the Applicant’s medical record, the Board presumed regularity in the Applicant’s discharge proceedings. There is no evidence in the official record, nor did the Applicant provide any documents to prove his discharge was improper. No other Narrative Reason for Separation could more clearly describe why he was discharged. To change the Narrative Reason for Separation would be inappropriate. 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. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
03 Oct 96 until 11 Dec 97, 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 Rm 309
                  Washington Navy Yard DC 20374-5023      


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