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NAVY | DRB | 2003_Navy | ND03-00613
Original file (ND03-00613.rtf) Auto-classification: Denied


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

ex-PRAN, USN
Docket No. ND03-00613

Applicant’s Request
The application for discharge review was received on 20030226. The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to Conv. of Government. The Applicant requests a documentary record discharge review. The Applicant listed Collin County Veterans Service as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040128. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the character and reason for 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 stated

 Applicant’s/representative (Collin County Veterans Services) (Issues on DD Form 293 and issues submitted by representative appears to be the same):

“ISSUE 1: My overall service I believe met the characterization for an honorable discharge under 1910-304 I believe my service was meritorious.

ISSUE 2: I had no UCMJ/NJP pending I did not commit a crime. The incident was an isolated incident.

ISSUE 3: I refused alcohol rehab. Because I do not consider that I had an alcohol problem then or now and did not want to go to an in patient rehab. I was not offered an outpatient rehab. Which I would have taken.

ISSUE 4: I have not been in any trouble since discharge and have not had any alcohol or drug related incidents since discharge.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from representative, dated September 12, 2002 (2)
Character/job reference, dated September 21, 2001 (2)
Letter from Applicant’s mother, dated October 30, 2001 (2)
Letter from Applicant, dated September 22, 2001 (2)
Letter of Commendation for June 1998 to December 1998 (2)
Certificate of Completion, dated March 5, 1999 (2)
Certificate of Completion, dated January 28, 1999 (2)
Certificate of Completion, dated May 5, 1997 (2)
Applicant’s DD Form 214 (2)
Criminal record check, dated January 16, 2003
Fifty-one pages from Applicant’s service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     961028 - 961104  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 961105               Date of Discharge: 990310

 Length of Service (years, months, days):

         Active: 02 04 06
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 9 GED            AFQT: 51

 Highest Rate: PR3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (1)    Behavior: 2.00 (1)                OTA: 3.14

 Military Decorations: None

 Unit/Campaign/Service Awards: AFEM, SSDR

 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 :

981111   NJP for violation of UCMJ, Article 92: Award: Restriction and extra duty for 15 days. No indication of appeal in the record. [Extracted from fitness report.]

990126:  CAAC screening: Imp: ETOH dependence based on 3/7 DSM IV criteria. Plan: Recommend Level II –III therapy. F/U with CAAC.

Undated:         Commanding Officer directed discharge with general (under honorable conditions) by reason of alcohol abuse rehabilitation failure as evidenced by refusal of treatment. Commanding Officer’s comments (verbatim): “Petty Officer H_ (Applicant) was involved in an alcohol related domestic incident on 23 December 1998. He was screened for alcohol abuse/dependency on 14 and 27 January 1999. He was ordered to report to Intensive Outpatient Treatment for alcohol abuse as a result of CAAC and physician recommendations. Petty Officer H_ (Applicant) refused treatment. I find he has no potential for further military service.”

Applicant’s discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19990310 with a 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 1-3: 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. While he may feel that he did not have an alcohol problem, the Applicant’s service record clearly documents his refusal of inpatient treatment. Additionally, the Applicant’s service record is marred by award of non-judicial punishment (NJP) thus substantiating the characterization of service . The Applicant’s summary of service clearly reflects the Applicant was unsuitable for further service. An upgrade to honorable conditions would be inappropriate. Relief denied.

 Furthermore, 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 summary of service clearly documents the Applicant was alcohol dependent and he refused treatment. The Applicant was properly discharged from the naval service due to alcohol rehabilitation failure. 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.

Issue 4: 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, an alcohol-free lifestyle, and certification of community service and non-involvement with civil authorities are examples of verifiable proof that can be submitted. At this time, the Board determined that the documentation submitted by the Applicant does not mitigate his misconduct while on active duty. 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 18, effective
12 Dec 97 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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