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NAVY | DRB | 2003_Navy | ND03-00722
Original file (ND03-00722.rtf) Auto-classification: Denied


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

ex-GSMFA, USN
Docket No. ND03-00722

Applicant’s Request
The application for discharge review was received on 20030319. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 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 character of the discharge shall not change. The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/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. “I would like my discharge and my re-enlistment code upgraded. The reason I was discharged was I told the service that I was an alcoholic. The reason I said this was because I believed that I was in love with a woman at home. This mistake is something that has haunted me since I got out. Not a day goes by that I dont think about my Navy and wishing I could go back. As you will see looking at my service record – I always finish at the top of my classes in naval training and my attached resume will show that I am a responsible citizen. Sir or Ma’am, please upgrade my discharge and upgrade me Re code to RE-1 so I can come back. All I want is to serve my country again. I’m willing to go through boot camp again. Please – Ill do anything.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s résumé

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     941018 - 950723  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 950724               Date of Discharge: 961118

 Length of Service (years, months, days):

         Active: 01 03 25
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 64

 Highest Rate: GSMFN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.00 (1)    Behavior: 1.00 (1)                OTA: 1.83

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: 28

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

GENERAL (UNDER HONORABLE CONDITIONS)/ALCOHOL REHABILITATION FAILURE, authority: MILPERSMAN, Article 3630550.
Chronological Listing of Significant Service Events :

961109:  Applicant was referred to psychiatric unit for evaluation of suicidal ideation.

961112:  Applicant released from psychiatric care to full duty.

961113:  Psychiatric evaluation: Axis I: Adjustment disorder with depressed mood, resolved. Alcohol dependency. Axis II: Personality disorder not otherwise specified with borderline dependant traits.

961114:  Applicant refused any form of alcohol rehabilitation treatment. [Extracted from administrative remark dated 961118.]

961118:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0645, 961009 to 1950, 961107 (28 days/surrendered), violation of UCMJ, Article 87: Missing movement on 961011.
         Award: Restriction and extra duty for 45 days, reduction to GSMFA. No indication of appeal in the record.
961118:  Retention Warning: Advised of deficiency ( Applicant found to display the symptoms and the history of an alcohol dependent person. Applicant offered Level III inpatient treatment. On 961114 Applicant refused any form of alcohol rehabilitation treatment .), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

 961118:  Applicant notified of intended recommendation for discharge with type warranted by service record with a general (under honorable conditions) by reason of alcohol abuse rehabilitation failure as evidenced by your refusal to participate in Level III inpatient treatment.
961118:  Applicant advised of 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.
970211:  Commanding Officer directed discharge with general (under honorable conditions) by reason of alcohol abuse rehabilitation failure as evidenced by your refusal to participate in Level III inpatient treatment.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19961118 with a 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’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, a procedural error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident during the Applicant’s enlistment. The Applicant was notified of the intended recommendation for discharge with a general (under honorable conditions) by reason of alcohol abuse rehabilitation failure as evidenced by his refusal to participate in Level III inpatient treatment and properly separated on this basis. Relief denied.
Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

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, and certification of non-involvement with civil authorities. At this time, the Applicant has not provided sufficient documentation for the Board to consider. Therefore, no relief is appropriate.

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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