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NAVY | DRB | 2004_Navy | ND04-01306
Original file (ND04-01306.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND04-01306

Applicant’s Request
The application for discharge review was received on 20040818. The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to “allow re-entry.” 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 reason for 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 believe my discharge code, separation code, and re-entry code are inaccurate due to inaccurate medical assessment. After being enrolled in the Alcohol Rehabilitation Program, and given an out patient diagnosis, I was not allowed to complete the 4 week program. I was judged wrongly and hastily on several occasions. I am respectfully requesting to have the conditions of my discharge changed to give me a second chance to enter the Navy.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Ltr frm Applicant dtd 020704
Ltr to Sen. Hutchinson dtd 030502
Ltr frm Rev J_ S_, dtd 040518, unsigned
Ltr frm R_ A. K_, M.Ed, undated
Ltr frm R_ C_, dtd 040513
Ltr frm YMCA, employer, dtd 040514
Ltr frm R. O. M_, M.D. dtd 040507
Copy of Applicant’s marriage license
Ltr frm Applicant’s father dtd 040806
Ltr frm Applicant dtd 040805

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     000828 - 010806  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 010807               Date of Discharge: 020408

 Length of Service (years, months, days):

         Active: 00 08 02
         Inactive: None

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

 Education Level: 12                        AFQT: 86

 Highest Rate: HA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*                 Behavior: NMF             OTA: NMF
[*No marks found in service record]

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 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 :

020118:  NJP for violation of UCMJ, Article 92: Violate a lawful written order.
 Award: Forfeiture of ½ pay for 1 month, restriction and extra duty for 45 days, RIR, all susp for 6 mos.

020118:  Retention Warning: Advised of deficiency (Violation Article 92), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

020220:  Applicant discharged from treatment. Counselor’s remarks [Referred as result of alcohol related incident on 011207. She met 3 of 7 DSM-IV Criteria for Alcohol Dependence 303.90… Relapse/continued use… Recovery Environment: Drinks with her friends… Readiness to change: Never really engaged in treatment… She failed to complete treatment.]
020308:  Applicant notified of intended recommendation for a general (under honorable conditions) discharge by reason of alcohol abuse rehabilitation.
020308:  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.

020311:  CO, NHCS directed the 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 20020408 with a general (under honorable conditions) characterization 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. When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. 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 a violation of Article 92 of the UCMJ. The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her willful failure to meet the requirements of her contract with the U.S. Navy and falls far short of that required for an upgrade of her characterization of service.

The Applicant states, “I was wrongly and hastily judged on several occasions.” An appropriately credentialed medical authority determined the Applicant failed alcohol rehabilitation treatment and that she “never fully engaged in treatment.” The documentation and statements provided by the Applicant were not sufficient to overturn the presumption that the Applicant was properly diagnosed. Additionally, the narrative reason for separation of alcohol rehabilitation failure most accurately describes the reason the Applicant was discharged. There is no other narrative reason for separation which accurately describes the reason the applicant was separated. Relief is not warranted.

The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (B, Part IV). However, 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 the civilian life subsequent to leaving the service. Normally, to permit relief, a procedural impropriety or inequity must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, is considered. At this time, the applicant has not provided sufficient documentation of post service character and conduct to mitigate the misconduct that resulted in her characterization of discharge. Therefore, no relief will be granted.

Regarding reenlistment, the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces and the NDRB is not authorized to change a reenlistment code. Reenlistment policy of the naval service is promulgated by the Commander, Navy Recruiting Command, 5722 Integrity Drive, Bldg 784, Millington, TN 38054. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

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 her 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 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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