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NAVY | DRB | 2004_Navy | ND04-01220
Original file (ND04-01220.rtf) Auto-classification: Denied

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

ex-MMFN, USN
Docket No. ND04-01220

Applicant’s Request
The application for discharge review was received on 20040728. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a personal appearance discharge review before a traveling panel. The Applicant did not list any representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington National Capital Region. The NDRB also advised that the board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge 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

 Applicant’s issues, as stated on the application:

1. “I respectfully request to have my General discharge turned Honorable so I may receive full veteran benefits for school. I also am married and expecting a child whom which I would like to get interested in the military as much as possible. [signed] D_ C_ (Applicant)”

 Documentation
On DD Form 293 Block 7, the Applicant indicted that he was submitting supporting documents for consideration. None were found.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     920724 - 930331  COG
         Active: USN                        930401 - 970312  HON

 Period of Service Under Review :
Date of Enlistment: 970313               Date of Discharge: 980731

 Length of Service (years, months, days):

         Active: 01 04 19
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4

 Education Level: 12                        AFQT: 38

 Highest Rate: MM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.50 (2)             Behavior: 1.00 (2)                OTA: 1.67 (1)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, MUC, GCM, SSDPP

 Days of Unauthorized Absence: 2

 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 :

970313:  Applicant reenlisted for 4 years.

971211:  Applicant in unauthorized absence 0700-0845.

971216:  Applicant in unauthorized absence 0600-0730.

 971218:  NJP for violation of UCMJ, Article 86 (2 specs): (1) Unauthorized absence from 0700-0845, 971211, (2) Unauthorized absence from 0600-0730, 971216.
         Award: Restriction for 60 days, RIR. Reduction suspended for 6 months. No indication of appeal in the record.
980505:  Vacate suspended punishment awarded at Commanding Officer’s NJP dated 971218 due to continued misconduct, to wit: arrested and cited for driving under the influence of alcohol.

980708:  Applicant to Alcohol Treatment Department, Naval Hospital, Bremerton, WA.

980722:  Applicant discharged from Alcohol Treatment Department due to treatment failure. Applicant’s prognosis is poor based upon lack of commitment to self and continued non-acknowledgement of the role alcohol and its attendant behaviors play in his life.

980722:  Applicant notified of intended recommendation for discharge by reason of alcohol abuse rehabilitation failure with the least favorable characterization of service as general (under honorable conditions).
980722:  Applicant advised of rights and having elected not to consult 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.
980728:  Applicant disqualified for submarine duty by reason of alcohol rehabilitation failure.
980802:  Commanding Officer informed Chief of Naval Personnel of Applicant’s general (under honorable conditions) discharge by reason of alcohol abuse rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19980731 with a general (under honorable conditions) character of service 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 Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

A general discharge 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 nonjudicial punishment proceedings for violations of Article 86 of the UCMJ. In addition, punishment awarded but suspended on 19971218 was vacated due to the Applicant’s continued misconduct, namely the Applicant’s arrest and citation for driving under the influence of alcohol. Subsequently, the Applicant was discharged from treatment by the Alcohol Treatment Department, Naval Hospital, Bremerton, Washington due to a lack of commitment to self and continued non-acknowledgement of the role alcohol and its attendant behaviors play in his life. 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. Additionally, the Applicant’s discharge from the Alcohol Treatment department substantiates the Applicant’s Narrative Reason for Separation, Alcohol Rehabilitation Failure. Relief is not warranted.

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 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.

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. Navy Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 97 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 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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