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NAVY | DRB | 2005_Navy | ND0500078
Original file (ND0500078.rtf) Auto-classification: Denied


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

ex-HN, USN
Docket No. ND05-00078

Applicant’s Request
The application for discharge review was received on 20041013. 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 20050107. 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: HONORABLE/Alcohol Abuse - rehabilitation failure, authority: MILPERSMAN, Article 3630550.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

 1. “I would like to join the Illinois Air National Guard. I was discharged with an RE-4 re-enlistment code, and upgrade is required to be eligible to join. My discharge was for failure to complete requirements for Alcohol Rehabilitation. I have not had a drink since 1993, and records will show I’ve never had an alcohol-related incident either at work, home or any other contact with authorities due to drinking-related problems. I’ve matured over the last 12 years and would like to repay the military and my country. I deeply regret my immaturity during my active duty service and my rash decision to accept the discharge I took. My service during that time was honorable with no alcohol-related incidents. I am a deeply patriotic person, and still proud of my service to this country, however I feel I could have done more and would like the opportunity to serve my country again in a military capacity.”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     871231 - 880216  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 880217               Date of Discharge: 910712

 Length of Service (years, months, days):

         Active: 03 04 26
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 87

 Highest Rate: HN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.55 (4)             Behavior: 3.50 (4)                OTA: 3.59

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

HONORABLE/Alcohol abuse - rehabilitation failure, authority: MILPERSMAN, Article 3630550.
Chronological Listing of Significant Service Events :

881005:  Applicant diagnosed Alcohol Abuser with Anti-Social Traits.

890215:  Applicant diagnosed AXIS II: Narcissistic traits.

900516   Retention Warning: Advised of deficiency (Alcohol Abuse), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

901105:  SF 600 entry: […Pt completed two weeks abstinence during Level II and began drinking immediately on beginning after care. Is drinking heavily now and is very concerned about the effects it is having on him.] Impression: Alcohol dependence and depression. Recommend Psychology consult and Level III.

901126   Retention Warning: Advised of deficiency (Alcohol Abuse), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910115:  Counseling: Advised that the Applicant had completed Level III and any subsequent related incident or failure to satisfactorily complete any aspect of treatment program will be grounds for separation.

 910311:  Applicant ordered to complete one (1) year of aftercare treatment.

910530:  Executive Officer counseled Applicant that he had 30 days to properly follow aftercare program.

910625:  Executive Officer recommends Applicant’s administrative discharge for Applicant’s refusal to participate in Aftercare Program.

 910628:  Applicant notified of intended recommendation for discharge with type warranted by service record under honorable conditions (general) by reason of alcohol abuse rehabilitation failure as evidenced by refusal to participate in required Alcohol Rehabilitation After Care Program.
910628:  Applicant advised of his 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.
910705:  Commanding Officer [Naval Hospital, Cherry Point] directed the Applicant's honorable discharge by reason of alcohol abuse rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was honorably discharged on 19910712 due to alcohol abuse - 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 Applicant requests an honorable discharge on DD Form 293, however, the Applicant was honorably discharged on 19910712. Regarding the Narrative Reason for Separation, t he Applicant’s service record is marred by noncompliance to his Aftercare program subsequent to completing Level III treatment for alcohol dependence. The Applicant was counseled four times concerning his alcohol abuse and attended Level II and Level III treatment. 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. 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 consider his discharge proper and equitable. Relief denied.

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 a 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, however, to consider post-service factors 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, and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided any documentation for the Board to consider. Relief denied.

Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

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. The Naval Military Personnel Manual, (NAVPERS 15560C, effective 15 Jun 87 - 15 Aug 91), 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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