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NAVY | DRB | 2005_Navy | ND0500221
Original file (ND0500221.rtf) Auto-classification: Denied


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

ex-SN, USN
Docket No. ND05-00221

Applicant’s Request
The application for discharge review was received on 20041117. 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 20050601. 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: UNDER HONORABLE CONDITIONS (GENERAL)/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 respectfully request a copy of E_ L_ M_ (Applicant)’s discharge upgrade to Honorable. From the previous “General Discharge” at the time of July 29, 1992. I have completed rehabilitation for alcohol abuse with in recommended time. This would greatly help further the education I am currently pursuing. I would like to also request a copy of my DD-215 and DD-214 for School records.”

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

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     890926 - 891205  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 891206               Date of Discharge: 920729

 Length of Service (years, months, days):

         Active: 02 07 21
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 26

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.27 (3)             Behavior: 3.13 (3)                OTA: 3 .27

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR, SASM, NUC
Days of Unauthorized Absence: 3

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

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

891205:  Applicant briefed on Navy's policy of drug and alcohol abuse.
901221:  Applicant found to be alcohol dependent. Recommended for CAAC evaluation after return to CONUS. [Extracted from CAAC letter dated 920522 and medical entry dated 901221.]


891229:  Applicant briefed on Navy's policy of drug and alcohol abuse.

910330:  Applicant taken to emergency room in Rota, Spain after falling off bar stool and hitting head due to being very intoxicated. Final diagnoses: (1) Head trauma. (2) Intoxication. [Extracted from CAAC letter dated 920522 and medical entry dated 910330.]

910401:  Medical department found Applicant to be alcohol dependent and awaiting CAAC screening upon return to CONUS. [Extracted from CAAC letter dated 920522 and medical entry dated 910401.]

910529:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0700, 910516 to 1000, 910519.
         Award: Correctional custody for 30 days. No indication of appeal in the record.
910717:  Retention Warning: Advised of deficiency (Extended unauthorized absences, failure to handle personal problems more maturely), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910803:  Applicant presented for fitness for duty evaluation. Applicant found unfit for duty. Released to command escort.

910812:  Medical: Applicant carried by shipmate in drunken state. O: Applicant sleeping non-coherent. A: ETOH intoxication. Will refer to command DAPA for CAAC evaluation.

910813:  Applicant found unfit for duty with a BAC of .049.

920505:  Applicant on unauthorized absence 0530-1130.

920505:  Applicant charged with being drunk in public 920505. Applicant has been to court and paid a fine of $39.00. [Extracted from CAAC recommendation letter, dated 920522.]

 920522:  CAAC screening: Alcohol dependent. Applicant is recommended for administrative separation due to three or more alcohol related incidents in Naval career. Applicant indicated he would attend Level III treatment but would act like a “zombie.”

920714:  Applicant notified of intended recommendation for discharge with an under honorable conditions (general) by reason of alcohol abuse rehabilitation failure as evidenced by refusal to cooperate in a Level III treatment program.
920714:  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.
920804:  Commanding Officer reported directing the Applicant’s general discharge by reason of alcohol abuse rehabilitation failure as evidenced by refusal to cooperate in a Level III treatment program.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19920729 under honorable conditions (general) 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. 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 86 of the UCMJ. The Applicant also committed a civil infraction for being drunk in public and was found unfit for duty due to intoxication on two occasions. The Applicant has one infraction of Article 86 of the UCMJ that was not adjudicated. Further, the Applicant refused to cooperate in a Level III treatment program after being diagnosed as alcohol dependant on 19920522. 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 Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Relief is not warranted.

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. Relief denied.

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 Aug 91 – 02 Mar 93), 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

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