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NAVY | DRB | 2003_Navy | ND03-00796
Original file (ND03-00796.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND03-00796

Applicant’s Request
The application for discharge review was received on 20030402. The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions. 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 20040224. 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: UNCHARACTERIZED/ALCOHOL REHABILITATION FAILURE, authority: MILPERSMAN, Article 1910-152 (formerly Article 3630550).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “Dear Review Board Members

I respectfully request a review and change of my DD – 214 Form to an Honorable Discharge. I request this upgrade for employment opprationities with the city, county, or state Government. I cannot be trained as an officer of the law or as a firefighter/paramedic by the State of Georgia. The State of Georgia requires an Honorable Discharge from military service prior to training or certifying for these positions.
Since my discharge in July of 1998 I have had 3 sons built a house gotten married and have given up alcohol for 4 years. I currently work at A_ D_ in Gainesville GA and have been employed with them for 9 mo. I work aprox. 60 hrs a week in order to support my wife and 3 sons. The approval & upgrade in my DD-214 record aid me in getting the training I need and it would be greatly appreciated.

Respectfully,
(Signed by the Applicant)”



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

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     971220 - 971221  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 971222               Date of Discharge: 980709

 Length of Service (years, months, days):

         Active: 00 06 18
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

 Education Level: 12                        AFQT: 49

 Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB                           Behavior: NOB             OTA: 0.00

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 1

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

UNCHARACTERIZED/ALCOHOL REHABILITATION FAILURE, authority: MILPERSMAN, Article 1910-152 (formerly Article 3630550).
Chronological Listing of Significant Service Events :

980504:  Medical Screening: Alcohol dependence. Recommend inpatient (residential). [Extracted from supporting documents submitted by the Applicant.]

980515:  Applicant declined alcohol treatment opportunities. [Extracted from supporting documents submitted by the Applicant.]

980515:  Retention Warning: Advised of deficiency (Refusal to participate in a Level III Alcohol Rehabilitation treatment program.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. [ Extracted from Commanding Officer’s letter dated 980528.]

980528:  Applicant notified of intended recommendation for entry level separation by reason of alcohol abuse rehabilitation failure as evidenced by SF 513 dated 4 May 1998 and NAVPERS 1070/613 dated 15 May 1998. [Extracted from supporting documents submitted by the Applicant.]
980528:  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. [Extracted from supporting documents submitted by the Applicant.]
980528:  Commanding Officer directed uncharacterized discharge by reason of alcohol abuse rehabilitation failure as evidenced by alcohol rehabilitation failure. [Extracted from supporting documents submitted by the Applicant.]

980615:  NJP for violation of UCMJ, Article 86 (2 specs): (1) Unauthorized absence from 0715-1200, 980605, (2) Unauthorized absence from 0715, 980609 to 0815, 980610 (1 day/surrendered).
         Award: Forfeiture of $92.61 per month for 1 month, restriction and extra duty for 7 days. No indication of appeal in the record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19980709 with an uncharacterized service 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. By regulation, members discharged within the first 180 days of enlistment are given a characterization of service "Uncharacterized" unless there were unusual circumstances regarding performance or conduct, which would merit an "honorable" characterization. Applicant's service record did not contain any unusual circumstances during his six months in the military to warrant a change of discharge to "general or honorable".

The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment opportunities as requested in the issue. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. Relief denied.

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.

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 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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