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NAVY | DRB | 2004_Navy | ND04-00995
Original file (ND04-00995.rtf) Auto-classification: Denied


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

ex-PRAA, USN
Docket No. ND04-00995

Applicant’s Request
The application for discharge review was received on 20040601. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 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 20041222. 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

 Applicant’s issues, as stated on the application:

1. “I was told upon discharge in 1995 that I could petition the board to have my discharge changed to honorable after 2 years of trouble-free civilian life. This is now the case. I lead a good, honest life and am happily married. Please consider my request to change my discharge to honorable. Thank you.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’ s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     930223 - 930308  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 930309               Date of Discharge: 950630

 Length of Service (years, months, days):

         Active: 02 03 22
         Inactive: None

 Age at Entry: 26                          Years Contracted: 4

Education Level: 11                        AFQT: 71

 Highest Rate: PRAN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.65 (4)    Behavior: 3.65 (4)                OTA: 3 .70

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, CGSOSR, SSDR, NER, SASM(with bronze star), AFEM

 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 :

940622:  Counseling: Advised of deficiency (excessive drinking off duty), notified of corrective actions and assistance available.

941018:  Counseling: Advised of deficiency (arriving for work with the smell of alcohol on breath), notified of corrective actions and assistance available.
950414:  Self-referral for alcohol dependency.

950504:  CAAC counselor recommended Level III treatment for alcohol dependence.

950506:  CV-66 Medical Officer recommended alcohol abstinence and Level III treatment.

950522:  NJP for violation of UCMJ, Article 92: Violation of a lawful order.
 Award: Forfeiture of $478 per month for 1 month, restriction and extra duty for 45 days. No indication of appeal in the record.
950522:  Retention Warning: Advised of deficiency (Misconduct as evidenced by Commanding Officer’s nonjudicial punishment on 22 MAY 95 for VUCMJ, ART 92, violation of a lawful order), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

950607:  Medical Screening: Applicant diagnosed as follows
                  AXIS I: Alcohol Dependence
 AXIS II: Personality Disorder NOS with borderline and passive aggressive features
AXIS III: Laceration to left hand, dorsal surface
AXIS IV: Routine military
AXIS V: 65

Based on the diagnosis of Alcohol Dependence, it is strongly recommended that the command DAPA arrange Level III ARC residential alcohol rehabilitation.
950621:  Applicant refused Level III treatment for alcohol dependence.

 950622:  Applicant notified of intended recommendation for discharge with a least favorable characterization of general (under honorable conditions) by reason of alcohol abuse rehabilitation failure.
950622:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27(b), elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
950629:  Commanding Officer directed discharge 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 19950630 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).

 Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident during the Applicant’s enlistment. Relief not warranted.

Issue 1: 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 did not submit any evidence of post-service conduct to warrant an upgrade to his discharge. Therefore, relief is inappropriate.

A characterization of service of under honorable conditions (general) is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record. The Applicant’s service was marred by award of nonjudicial punishment (NJP) on one occasion for violation of Article 92 of the UCMJ and several counseling entries on other occasions. On 19950621 the Applicant refused Level III treatment for alcohol dependence. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. An upgrade to honorable is inappropriate. 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. 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, Change 9, effective 22 Jul 94 until 2 Oct 96), Article 3630550, SEPARATION OF ENLISTED PERSONNEL BY REASON OF ALCOHOL ABUSE REHABILITATION FAILURE.

 B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .

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 “ http://Boards.law.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:

                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023


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