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NAVY | DRB | 2003_Navy | ND03-00713
Original file (ND03-00713.rtf) Auto-classification: Denied


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

ex-ACAA, USN
Docket No. ND03-00713

Applicant’s Request
The application for discharge review was received on 20030324. The Applicant requests the characterization of service received at the time of discharge be changed to mental condition which prevents satisfactory performance of duty. The Applicant requests a documentary record discharge review. The Applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040212. 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 reason of 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 stated

 Applicant’s issues, as stated on the application:

1. “The reason for my discharge is improper because “The reason given is not a categorized reason”

Department of Veteran Affairs Regional Office Decatur, GA
1700 Clairmont Rd. Decatur GA 30333 1-800-287-1000.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     930126 - 930510  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 930511               Date of Discharge: 940817

 Length of Service (years, months, days):

         Active: 01 03 07
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

 Education Level: 12                        AFQT: 72

 Highest Rate: ACAA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (1)    Behavior: 3.20 (1)                OTA: 3.60
Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 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 :

931110:  NJP for violation of UCMJ, Article 111: Drunken or reckless driving on 931027.
         Award: Forfeiture of $250 per month for 2 months No indication of appeal in the record.
940502:  Applicant found to be alcohol dependent. Strongly recommend Level III alcohol rehabilitation treatment as soon as possible.
940620:  CAAC evaluation: Applicant met 4 of 9 DSM III(R) criteria for alcohol dependency. Recommend Level III inpatient treatment program, attend 1 AA meeting per week until admitted into treatment.
940627:  Command DAPA: Applicant disclosed after both of his CAAC and Medical evaluations that he would rather be separated than attend Level III treatment. He further stated that he is going to seek legal counsel concerning the type of discharge he would receive if he is separated and if the discharge is negative, he will opt for treatment. ACAA B_ (Applicant) does not appear motivated towards the benefits of treatment. ACAA B_ (Applicant) has had 3 alcohol incidents before the DAPA was informed. DAPA’s recommendation, separate due to rehabilitation failure. If SNM is retained, attend Level III treatment. Commanding Officer’s decision, Level III or separate….

940718:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of alcohol abuse rehabilitation failure.
940718:  Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights.
940722:  Commanding Officer directed discharge with type warranted by service record by reason of alcohol abuse rehabilitation failure. Commanding Officer’s comments (verbatim): ACAA B_ (Applicant) has been medically diagnosed as Alcohol Dependent and offered CAAC Level III treatment. ACAA B_ (Applicant) refused the offered treatment. Without treatment, ACAA B_ (Applicant) is not suitable for continued service in the U.S. Navy. It is in the best interest of the U.S. Navy for ACAA B_ (Applicant) to be separated from the naval service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19940817 with an honorable 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. Applicant’s summary of service clearly documents that Alcohol Rehabilitation Failure was the reason the applicant was discharged. Refusal to participate in an alcohol treatment program is grounds for separation under this basis. Accordingly, this is a valid reason for discharge under Naval regulations and no other Narrative Reason for Separation more clearly describes why the Applicant was discharged. To change the Narrative Reason for Separation would be inappropriate. Relief based on this issue is not warranted.

The following is provided for the edification of the Applicant. 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 naval service. The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, certification of non-involvement with civil authorities, and credible evidence of a substance free lifestyle.

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 9, effective 22 Jul 94 until 2 Oct 96), 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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