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NAVY | DRB | 2004_Navy | ND04-00673
Original file (ND04-00673.rtf) Auto-classification: Denied


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


ex-SA, USN
Docket No. ND04-00673

Applicant’s Request
The application for discharge review was received on 20030317. The Applicant requests the characterization of service received at the time of discharge be changed to honorable, the reason for the discharge be changed to “alcohol abuse,” and “I respectfully request for the Board to take into consideration of changing my re-Entry code based upon my perseverance and dedication to making things right in my life with the Navy.” The Applicant requests a documentary record discharge review. The Applicant listed the Disabled American Veterans as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20041022. 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 1910-152 (formerly Article 3630550).



PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as stated

 Applicant’s issues, as stated on the application:
1. “I knew that I had a drinking problem while I was aboard the USS Vincennes so I sought help and I refered myself to the Rehab. Program. I successfully completed the program and my life was getting better. My life took another downward spiral after I broke my ankle and ended up in TPU. I wasn’t doing anything but sitting around, so I began to drink again. I was getting depressed and that started to affect my job. I requested to try and get the aftercare treatment I didn’t receive after I first completed the program but to no avail I didn’t. People really started noticing my drinking by the time it was to late. I lost all motivation and hope and I wasn’t getting along with my superiors or my shipmates. I tried once again for rehab but by that time I was overtaken by the alcohol I just couldn’t make it work for me. I’m not a failure I just wasn’t heard in time. I also wanted to let the board know that I will be enrolled at Teen Challenge Abuse Center for alcohol and it is a 7 mt program. I’am once again seeking help, by the end of the program I am looking forward to a better life once again. After completion of my program. I would please ask the board to seriously take into consideration my request. I acknowledge I had an alcohol program in which I am getting help for. I would just like to let the Board know that I loved serving for my country even during war time and I am glad I can say that I did that “Honorably” and I would love for that to show on my discharge papers, that I did serve with Honor. I didn’t lie or try to hide my addiction. I faced it head on like an Honorable Sailor should. Thanks for your time and patience.

Additional issues submitted by Applicant’s representative (Disabled American Veterans):

 2. “Dear Chairperson:
After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of evidence assembled for review, we continue to note the contention of the appellant in his request for a discharge upgrade of his current General Under Honorable Conditions Discharge to that of Honorable, with a change of the RE-Code.
The FSM served on active service from October 30, 2000 to June 10, 2003 at which time he was discharged due to Alcohol Rehabilitation Failure.

The FSM asks that consideration be given to equitable relief, as this is a matter that involves a determination whether a discharge should be changed under the equity standards, to include any issue upon which the Applicant submits to the Board’s discretionary authority, under SECNAVIST 5420.174C.
Under the premises of equitable relief, we believe the Board can entertain the idea of a change of the character of the current discharge and the RE-Code as the FSM requested at application, to provide not only said equitable relief but a change in the FSM’s quality of life.
We ask for the Board’s careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision. These issues do not supersede any issues previously submitted by the Applicant.
Respectfully,”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Letter to Applicant from Teen Challenge
 Five pages from Applicant’s service/medical record
 Letter from Teen Challenge, dated July 23, 2004

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
Inactive: USNR (DEP)     991113 - 991214  ELS
 USNR (DEP)      000923 - 001029  COG
          Active: None

 Period of Service Under Review :
Date of Enlistment: 001030               Date of Discharge: 030610

 Length of Service (years, months, days):
         Active: 02 07 11
          Inactive: None
Age at Entry: 22                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 59
Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: NMA*                 Behavior: NMA             OTA: NMA

 Military Decorations: None
Unit/Campaign/Service Awards: NDSM, NER, NPMR, SSDR, N&MCOSR

 Days of Unauthorized Absence: None
*No marks assigned.
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 :

020130:  Alcohol screening conducted at Alcohol Programs Department, USNH Hospital Yokosuka, Japan. Applicant was a self-referral. Assessment: Applicant meets the criteria for substance abuse. Abuse interferes with responsibilities. Applicant is “willing to explore responsible drinking but not yet ready to totally stop drinking.” Recommendation: Applicant to attend Level II Intensive Outpatient Treatment (IOT) for etoh abuse.

020308:  Applicant completed IOT at USNH Yokosuka, Japan, returned to the USS Vicennes.

 020329:  NJP. No specific information available in service record. [Extracted from Commanding Officer’s letter dated 030512.]
030210:  Applicant self- referred to Alcohol Programs Department, USNH Yokosuka, Japan. Assessment: Applicant meets the criteria for substance dependence. Abuse interferes with responsibilities. Recommendation: Applicant assigned to ASAM Level 2 IOT for Alcohol Dependence; Applicant to have a physical exam within 30 days of attending treatment; Applicant to attend 12 Step (AA) meeting 2 times per week until treatment.
030409:  NJP for violation of UCMJ, Article 92 (2 specs): Failure to obey order or regulation, violation of UCMJ, Article 86: Absence without leave, violation of UCMJ, Article 108: Destruction of military property of the United States, violation of UCMJ, Article 128 (2 specs): Assault, violation of UCMJ, Article 134 (2 specs): Drunkenness - incapacitation for performance of duties through prior wrongful indulgence in intoxicating liquor.
         Award: Forfeiture of $645 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record. [Extracted from Commanding Officer’s letter dated 030512.]
030429:  Notification of Rehabilitation Failure. [Extracted from CO, Fleet Activities, Yokosuka, Recommendation for Applicant’s administrative separation, dtd 12 May 03.]

030505:  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.
030505:  Applicant advised of rights and having consulted 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 and to submit a statement.
030512:  Commanding Officer, Fleet Activities, Yokosuka directed that as soon as practicable after Applicant’s returned to the United States, Applicant be discharge with a general (under honorable conditions) by reason of alcohol abuse rehabilitation failure. BMSA R_ (Applicant) was afforded the opportunity to receive the necessary treatment to correct his alcohol problem. However, due to his failure to follow his medically prescribed and command approved aftercare plan and his most recent non-judicial punishment, which was alcohol related , and in accordance with enclosure (1) paragraphs 7a(3) and 7a(4) of OPNAVINST 5350.4C, “Drug and Alcohol Abuse Prevention and Control”, BMSA R_ behavior, if he is retained, may result in continued alcohol abuse, which could possibly endanger himself and others.”
030604:  Commanding Officer, Transient Personnel Unit, Puget Sound, WA discharged Applicant with a 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 20030610 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 contends that his problems in the Navy can be attributed to his problems with alcohol. While he may feel that his abuse of alcohol was the underlying cause of his misconduct, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service. The Applicant did successfully complete Level II Intensive Outpatient Treatment (IOT) for Alcohol Abuse in March 2002. In February 2003 the Applicant was assigned to ASAM Level II IOT for Alcohol Dependence and a 12 Step Treatment Program. T he Applicant’s service was marred by 2 nonjudicial punishment proceedings for violations of Articles 86, 92, 108, 128, and 134 of the UCMJ. The Applicant was afforded the opportunity to receive the necessary treatment to correct his alcohol problem but he failed to follow the medically prescribed and command approved aftercare plan. The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.
Issue 2. The applicant’s representative submitted that the Applicant asks that “consideration be given to equitable relief”. The Applicant’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, a procedural impropriety or inequity must have existed during the period of enlistment in question. No impropriety or inequity is evident during the Applicant’s enlistment. Additionally, 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. Relief not warranted.
Issue 3. The Applicant’s representative has requested that the Board entertain a change to the Applicant’s RE-Code. Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reentry into the naval service or any other of the Armed Forces. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy or Marine Corps. Reenlistment policy of the Marine Corps is promulgated by the Commandant, United States Marine Corps, Code MMEA, 3280 Russell Road, Quantico, VA 22134. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

The following is provided for the edification of the Applicant. Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. 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, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided sufficient documentation for the Board to consider. 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 documentation to support any claims of post-service accomplishments or any other evidence related to his [or] her 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), re-issued October 2002, effective 22 Aug 2002 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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