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NAVY | DRB | 2004_Navy | ND04-00839
Original file (ND04-00839.rtf) Auto-classification: Denied


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


ex-DCFN, USN
Docket No. ND04-00839

Applicant’s Request
The application for discharge review was received on 20040427. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record review. The Applicant did not list any representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20041015. 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
No issues were submitted by the Applicant.

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     890929 - 891119  COG
          Active: USN                        None
Period of Service Under Review :
Date of Enlistment: 891120               Date of Discharge: 930630

 Length of Service (years, months, days):
         Active: 03 07 16
          Inactive: None
Age at Entry: 19                          Years Contracted: 4
Education Level: 12                        AFQT: 29

 Highest Rate: DCFN
Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.24 (5)    Behavior: 3.32 (5)                OTA: 3.32
Military Decorations: None

 Unit/Campaign/Service Awards: SSDR (2), NDSM, SWAS w/Bronze Star, KLM
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 3630550.
Chronological Listing of Significant Service Events :

910920:  Retention Warning: Advised of deficiency (unauthorized absence from 0700 to 0715 on 910906), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

920124:  Medical Screening: Applicant diagnosed medical dependent by medical officer and referred to Level III Treatment.
920306:  Applicant completed the formal treatment phase of the Level III alcohol rehabilitation program and directed to participate in a one year aftercare program.
921219:  Retention Warning: Advised of deficiency (substandard performance in the case of complying with aftercare plan, failure to report for mandatory interview with the command DAPA or aftercare program manager and failure to attend AA meeting as directed by the Commanding Officer), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

930409:  NJP for violation of UCMJ, Article 134: Drunk and disorderly which conduct was of a nature to bring discredit upon the armed forces on 930407.
         Award: Forfeiture of $250 per month for 1 month, restriction and extra duty for 15 days. No indication of appeal in the record.
930416:  Applicant notified of intended recommendation for discharge with a least favorable characterization of general (under honorable conditions) by reason of alcohol abuse rehabilitation failure.
930420:  Applicant elected to receive inpatient alcohol treatment at a Veteran’s Administration Hospital.
930428:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27(b), elected to obtain copies of the documents used to support the basis for the separation, and to submit a statement. Later, Applicant waived his right to submit a statement. Applicant objected to the separation
930518:  Commanding Officer recommended discharge with a general (under honorable conditions) by reason of alcohol abuse rehabilitation failure.
930611:  BUPERS directed the Applicant's discharge with type warranted by service record by reason of alcohol abuse rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19930630 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).
The Applicant submitted no decisional issues for the Board’s consideration. A review of the Applicant’s record indicates the characterization of service upon his discharge due to alcohol rehabilitation failure should be “Type Warranted by Service Record”. The Applicant’s service was marred by nonjudicial punishment proceedings for a violation of Article 134 of the UCMJ. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service. Relief 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. Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)
A. Naval Military Personnel Manual, (NAVPERS 15560C), effective 05 Mar 93 until
21 Jul 94, 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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