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NAVY | DRB | 2004_Navy | ND04-00033
Original file (ND04-00033.rtf) Auto-classification: Denied


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


ex-CTO3, USN
Docket No. ND04-00033

Applicant’s Request
The application for discharge review was received on 20031001. 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 “FAILURE TO PROMOTE.” 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 20040712. 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 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 issues, as stated on the application:

1. “My discharge was improper because my Division Officer (CWO2 O_) informed the Commanding Officer that I failed my alcohol rehab when in fact I was on my second week of continuing my treatment beyond my 1 year prescribed treatment. The chain of command could never produce a written statement from me stating that I had agreed to not drink an alcoholic beverage again. They would not afford me the opportunity to provide them with the statement that I did sign stating I would drink more responsibly. Many of the senior enlisted sailors offered to help me fight the soon to be discharge and CWO2 pulled my security clearance and terminated my entrance to SSES. The captain came to me later and gave me a direct order not to give any information concerning issues that might arise behind the security door of SSES. My refusal to give my passwords to the computer networks in SSES just made my discharge worse and come more rapidly. I feel that my service though short was honorable.”

 Applicant marked the box "I HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THIS APPLICATION." None were found.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from Applicant, dated September 25, 2003
Character reference from Team Leader, Vet Center, Chattanooga, TN, dated July 23, 2003
 Character reference, dated August 18, 2003
 Character reference, dated August 18, 2003
Character reference from Applicant’s mother, dated August 22, 2003
 Character reference, dated September 19, 2003
 Unofficial transcript, date September 22, 2003

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USAR            961002– 99????   HON
          Active: USA                        930715- 960714   HON
Period of Service Under Review :
Date of Enlistment: 991115               Date of Discharge: 011026

 Length of Service (years, months, days):
         Active: 01 11 12
          Inactive: None
Age at Entry: 25                          Years Contracted: 4

 Education Level: 12                        AFQT: 66
Highest Rate: CTO3

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.50 (2)    Behavior: 2.00 (2)                OTA: 2.88

 Military Decorations: None
Unit/Campaign/Service Awards: MUC, 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 :

000711:  Court date for driving while under the influence on 000624.

000720:  Applicant evaluated as an alcohol abuser.

 000724:  Applicant entered Addiction Treatment Facility Department for alcohol abuse.
000802:  Applicant completed prescribed level of treatment for alcohol abuse/dependency. Applicant directed to participate in a prescribed one-year aftercare plan.
010404:  Drug and Alcohol Program Advisor Administrative Screening: Applicant had an alcohol incident on 010323 at base bar. Base security was called to break up argument between applicant and others. Applicant had 1 pitcher of beer, 2 12 oz. bottles of beer and wine.
010919:  NJP for violation of UCMJ, Article 86: Absence from unit.
         Award: Forfeiture of $790 per month for 2 months, restriction and extra duty for 30 days, reduction to CTOSN. Reduction suspended for 6 months. No indication of appeal in the record.
011008:  Applicant notified of intended recommendation for discharge with an under other than honorable conditions by reason of alcohol abuse rehabilitation failure.
011008:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
011028:  Commanding Officer directed discharge with general (under honorable conditions) by reason of alcohol abuse rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20011026 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 available 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 summary of service clearly documents that alcohol rehabilitation failure was the reason the applicant was discharged. The Applicant’s alcohol incident on 010404 violated the Navy’s mandatory Aftercare program. 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 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 or any other evidence relating to his discharge 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 27, effective
27 Mar 2000 until 21 Aug 2002, 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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