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NAVY | DRB | 2004_Navy | ND04-01309
Original file (ND04-01309.rtf) Auto-classification: Denied


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

ex-AZ2, USN
Docket No. ND04-01309

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. 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 and Documentation

 No issues or documents were submitted by the Applicant.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     850816 - 851112  COG
          Active: USN                        851113 - 900607  HON
                                             900608 - 930606  HON

 Period of Service Under Review :
Date of Enlistment: 930607               Date of Discharge: 970313

 Length of Service (years, months, days):

         Active: 03 09 06
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 41

 Highest Rate: AZ2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.45 (4)    Behavior: 3.20 (4)                OTA: 3.54

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM (2), SSDR, B’E’R, NAM, HSM, MUC (2)

 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 :

941219:  Retention Warning: Advised of deficiency (Letters of indebtedness, failure to adhere to a budget), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

951025:  Applicant found guilty in civil court for driving under the influence (.153 BAC).

960515:  Applicant completed Level III treatment.
         Final Diagnosis: AXIS I: Alcohol Dependence with Physiological Dependence.

961029:  Applicant found guilty in civil court for driving under the influence (.122 BAC).

961211:  Applicant notified of intended recommendation for discharge with type warranted by service record with an under other than honorable conditions characterization by reason of alcohol abuse rehabilitation failure, misconduct due to a civil conviction and misconduct due to commission of a serious offense as evidenced by your civil convictions on 25 October 1995 and 29 October 1996.
961211:  Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
970212:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant was an alcohol abuse rehabilitation failure, committed misconduct due to civil conviction and misconduct due to commission of a serious offense on 29 October 1996 and that he committed misconduct due to civil conviction and misconduct due to the commission of a serious offense on 25 October 1995, that such failure and misconduct warranted separation, and recommended discharge with a general (under honorable conditions) characterization.

970303:  Commanding Officer recommended discharge with general (under honorable conditions) by reason of alcohol abuse rehabilitation failure as evidenced by alcohol related incident following completion of Level III rehabilitation treatment program and misconduct due to civil conviction and misconduct due to commission of a serious offense as evidenced by civil convictions on 25 October 1995 and 29 October 1996.
*Separation authority not contained in service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19970313 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).

The Applicant introduced no decisional issues for consideration by the Board.

 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 two civil convictions for driving under the influence. The second civil conviction occurred after the Applicant completed alcohol rehabilitation treatment, indicating a failure of his treatment aftercare and rehabilitation. 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. Relief is not warranted.

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 14, effective
03 Oct 96 until 11 Dec 97, 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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