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NAVY | DRB | 2004_Navy | ND04-01243
Original file (ND04-01243.rtf) Auto-classification: Denied


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

ex-AMAN, USN
Docket No. ND04-01243

Applicant’s Request
The application for discharge review was received on 20040802. The Applicant requests the characterization of service received at the time of discharge be changed to honorable and change the reason for discharge to “medical reasons.” 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 and narrative reason 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.) My discharge was inequitable due to erroneous diagnosis/request upgrade to Hono
-I have had a recent evaluation performed/confirming NO PROBLEMS , requesting upgrade to Honorable

2.) Discharged while on limited duty (for knee disability)

3.) Change Narrative Reasons for discharge.

Issues renumbered

 4.) I am seeking an upgrade in my discharge from General (under honorable conditions) to Full Honorable. I am also seeking that the narrative reasons be updated to,” medical reasons."

My discharge was inequitable because it was solely based on an erroneous diagnosis of alcohol dependence. I was accused of not cooperating with the doctors. I believe that I was set-up for failure. I had never had a dependence of any drug.

I was falsely accused by an upper ranking enlisted shipmate to have been seen passed out drunk on a local beach the same day I was 1000 miles away in Illinois on leave. I bought a new truck on the same day I was accused. That was not enough proof for the DAPA, ATCS S_. I was referred to the squadron doctor, and from that I was referred to "ARB." I never in my 20 months of active service had any infractions on my record. I have never had any adverse actions against myself except this incident.

I was seen 9 July 2004, by a State (Missouri) Certified Counselor, L_ M_, MRC, and LPC.” Ms. M_’s evaluation reports there is no alcohol problem. I quote from Ms. M_’s report. “Client score on SMAST (short Michigan alcohol screening test) is 2 points which is indicative of no problem in regard to alcohol.”

5.) I would also like to bring into light that I was discharged while under the care and evaluation of the Limited Duty Board. I was given several ideas as to what the exact problem could be, but nothing was directly diagnosed. I had fallen off of an aircraft while attempting to climb down the ladder after performing corrosion control procedures. I was under a doctor’s care when my squadron had me discharged. This alone I believe warrants an investigation.

It is due to my knee disability that I cannot maintain or obtain a new job in any industrial field. I am forced to attend school to be trained in another field of work. It is due to my inability to maintain a job that I have no insurance and was not able to have an evaluation done regarding any alcohol problems sooner than July of 2004.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Psychological evaluation, dated July 9, 2004
 Two pages from Applicant’s service record
 Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     000619 - 010611  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 010612               Date of Discharge: 020816

 Length of Service (years, months, days):

         Active: 01 02 05
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 79

 Highest Rate: AMAN

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 2.00 (1)    Behavior: 2.00 (1)                OTA: 1.83

 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 :

020609:  Applicant diagnosed as alcohol dependent and desired screening and treatment.

020731:  Psychiatry Clinic recommends Applicant receive an expeditious administrative separation on the basis of a borderline personality disorder.
020731:  Applicant release from ARD treatment as a result of noncompliance with program rules and regulations.
020801:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of alcohol abuse rehabilitation failure and convenience of the government on the basis of a diagnosed personality disorder.
020801:  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.
020918:  Commanding Officer directed discharge with general (under honorable conditions) by reason of alcohol abuse rehabilitation failure. Commanding Officer’s comments (verbatim): As evidenced by enclosures (3) (NAVMEDCEN Portsmouth Addictions/Rehabilitation letter, dated 020731 and (4) NAVMEDCEN Portsmouth Psychiatry Clinic, letter dated 020731), Airman W_’s (Applicant’s) behavior was not consistent with accepted conduct for Naval service. These departures from established military standards and norms were clear indicators of his lack of potential for future Naval service. Therefore, Airman W_ was administratively discharged on 020816.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020816 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).

 Issues 1-5: Characterization of service as general (under honorable conditions) 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 was discharged on 20020816 due to alcohol rehabilitation failure. The Applicant’s performance and behavior markings, which form the primary basis for determining the character of his service, fall below that required for an honorable characterization of service. An upgrade to honorable would be inappropriate. Relief denied.

 The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge proper and equitable.

The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, will change the reason for discharge if such a change is warranted. The summary of service clearly documents that alcohol rehabilitation failure was the reason the Applicant was discharged. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. To change the Narrative Reason for Separation would be inappropriate. Relief denied.















 Pertinent Regulation/Law (at time of discharge)

 A Navy Military Personnel Manual, (NAVPERS 15560C), Change 27, effective
27 Mar 2000 until 21 Aug 2002, 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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