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NAVY | DRB | 2004_Navy | ND04-00872
Original file (ND04-00872.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND04-00872

Applicant’s Request
The application for discharge review was received on 20040506. 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 listed private counsel as 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: UNDER HONORABLE CONDITIONS (GENERAL)/Alcohol Abuse - 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 was discharged with an under honorable conditions discharge (general) on 13 Jul 90. At that time I was 19 years old. I was unaware of the nature of the discharge and the consequences thereof. I did not discover that I had not received an honorable discharge until on or about 16 May 02 when I obtained a copy of my discharge from the Moore County Register of Deeds. I needed the copy in order to make a job application and when I looked at the discharge I then realized that I did not receive an honorable discharge. This was the first time I had applied for a job that required a copy of my discharge.

I knew that I was discharged due to failure to take an alcohol rehabilitation course. My discharge certificate states rehabilitation failure and while it is true I did fail to complete the alcohol rehabilitation that was due to my not taking the course. I know now that I could have taken and completed the course but at the time I was young and I just decided to not take the course knowing that I would be discharged. I did not realize at the time or any time prior to May 2002 that I would be receiving a discharge that would impact on my ability to obtain certain jobs. With what I know now I certainly would have taken that alcohol rehabilitation course.

While on active duty I did consume too much alcohol and I ended up in the base hospital. I never received any criminal charges for any consumption of alcohol but it was causing me problems and that was the reason for the alcohol course. When confronted with the choice due to my youth and as stated above my ignorance of the consequences I just accepted a discharge. To my knowledge my service was otherwise honorable and now thirteen years later it is difficult to deal with the fact that I have severely impacted my job opportunities because I took the easy way out.

Since being discharged I have led a normal life. I have no criminal record. I am divorced with three minor children to support. I have always been gainfully employed. I now want to seek a job in law enforcement and I cannot do so with my current discharge. I believe my record would warrant such a job if I could get my discharge upgraded to honorable.

It has been thirteen years since my military service and I have certainly learned much about life. This failure to comply with the alcohol rehabilitation was one mistake I would undo and I am asking for a correction of my military records so I can pursue job opportunities that otherwise would be unavailable to me.”




Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Letter from Applicant’s counsel

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     890621 - 891010  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 891011               Date of Discharge: 900713

 Length of Service (years, months, days):

         Active: 00 09 03
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 48

 Highest Rate: FR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.80 (1)    Behavior: 2.80 (1)                OTA: 2.80

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Alcohol abuse - rehabilitation failure, authority: MILPERSMAN, Article 3630550.
Chronological Listing of Significant Service Events :

900413:  Medical Screening: Applicant diagnosed as psychologically dependent on alcohol and in need of Level 2 or Level 3 treatment but refuses. Poor prognosis for the Navy, recommend discharge.

900416:  Drug and Alcohol Abuse Rehabilitation Program: After being thoroughly counseled on consequences of declining treatment, Applicant refused offer of rehabilitation treatment at a Level 3 program.

900626:  Applicant notified of intended recommendation for discharge with a least favorable characterization of under honorable conditions (general) by reason of alcohol abuse rehabilitation failure as evidenced by failure to participate in alcohol abuse rehabilitation program.
900626:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27(b), elected to waive all rights and did not object to the separation.

900626:  Applicant declines treatment for alcohol dependency through the Veteran’s Administration.

900703:  Commanding Officer, Service School Command, Great Lakes, IL, 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 19900713 under honorable conditions (general) due to alcohol abuse - 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: Normally, to permit relief, an impropriety or inequity must have existed during the period of enlistment in question. No impropriety or inequity is evident during the Applicant’s enlistment. The Applicant was diagnosed by competent medical authority as being psychologically dependent on alcohol. As a result of that diagnosis, the Applicant refused an offer of Level III alcohol rehabilitation treatment. A review of the Applicant’s case reveals that the characterization of service should be the “type warranted by service record.” Regulations in effect at the time of the Applicant’s discharge required a minimum final trait average of 2.8 and an individual trait average in personal behavior that does not fall below 3.0 in order to be eligible for an honorable discharge. The Applicant’s performance evaluations indicate that while his final trait average of 2.8 warranted consideration for an honorable discharge, his personal behavior trait average was below the minimum 3.0 score required for an honorable discharge. As such, the Board found the discharge to be both proper and equitable. Relief denied.

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 any documentation for the Board to consider. Relief denied.

Likewise, there is no law or regulation that grants recharacterization for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

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 discharge 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, effective 15 Jun 87 - 15 Aug 91), 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 D.C. 20374-5023    



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