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NAVY | DRB | 2004_Navy | ND04-01110
Original file (ND04-01110.rtf) Auto-classification: Denied


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

ex-MMFN, USN
Docket No. ND04-01110

Applicant’s Request
The application for discharge review was received on 20040701. 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 20050304. 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

 No issues were submitted by the Applicant.

 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)     020220 - 020303  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 020304               Date of Discharge: 030516

 Length of Service (years, months, days):

         Active: 01 02 12
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 40

 Highest Rate: MMFN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 1.00 (1)             Behavior: 1.00 (1)                OTA: 1.00

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 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 :

020624:  Applicant involved in underage drinking incident this date. [Extracted from medical record consultant sheet.]
020628:  Medical Screening, Applicant does not appear to meet DSM-IV diagnostic criteria for alcohol or other drug dependence or abuse at this time. Recommended PREVENT.
030130:  NJP for violation of UCMJ, Article 86: Absence without leave.
         Award: Forfeiture of $721.10 pay per month for 1 month, restriction and extra duty for 15 days. No indication of appeal in the record.
030506:  NJP for violation of UCMJ, Article 92: Failure to obey lawful order or regulation; violation of UCMJ Article 111: Drunken or reckless operation of vehicle, aircraft or vessel.
         Award: Forfeiture of $751.00 pay per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
030516:  DD-214: Applicant discharged with general (under honorable conditions) discharge by reason of alcohol abuse rehabilitation failure.

Complete discharge package unavailable

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030516 with a general (under honorable conditions) due to alcohol rehabilitation failure (A). 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 (B and C). The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (D).

The Applicant introduced no decisional issues for consideration by the Board. Nonetheless, the Board reviewed the Applicant’s service record for evidence of improprieties or inequities in the Applicant’s discharge and characterization of service. No such improprieties or inequities were discovered in the Applicant’s case.

 In the absence of a complete discharge package, the Board presumes the Applicant was properly diagnosed with as alcohol dependent by a competent medical authority. The Board further presumes that the Applicant was offered alcohol rehabilitation treatment and either refused the offer or failed to complete the treatment. The Applicant bears the burden of overcoming this presumption of regularity through the presentation of substantial and credible evidence to support his issue. The Applicant has submitted no documentation or other evidence to rebut the presumption that the Applicant refused or failed alcohol rehabilitation treatment. Likewise, the Applicant submitted no documentation or other evidence to rebut the presumption that the Applicant’s conduct while in the armed forces was not sufficiently meritorious to warrant an honorable discharge. The record of evidence indicates the Applicant was awarded nonjudicial punishment on two separate occasions for violations of UCMJ Articles 86, unauthorized absence, 92, failure to obey lawful order or regulation, and 111, drunken or reckless operation of a vehicle, aircraft or vessel. Additionally, the Applicant’s evaluation report contains an entry in which the Applicant is alleged to have caused injuries in two vehicle accidents that were the result of the Applicant’s drunk driving. 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. Such conduct falls far short of that expected of a member of the U.S. military and does not meet the requirements for an upgrade of his characterization of service. As such, the Board presumes that the Applicant’s discharge was both proper and equitable. 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 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 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

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

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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