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NAVY | DRB | 2005_Navy | ND0500493
Original file (ND0500493.rtf) Auto-classification: Denied


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

ex-EN3, USNR
Docket No. ND05-00493

Applicant’s Request
The application for discharge review was received on 20050202. The Applicant requests the characterization of service received at the time of discharge 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 20050519. 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, as stated

 Applicant’s issues, as stated on the application:

1. “I am requesting a change of discharge from General (under honorable) to Honorable because I am going to College to Better myself not just for myself But for my 1 year old son. I learned a lot from the Navy. I was young and nieve when I request to get out of the service. I was offered a page 13 in my Record and would be able to stay in, but not knowingly my wife at the time was a Drug Addict I got out to try and save my marriage. I know have a fiancée and a 1 year old son. I am going to Culinary School to become a Chef, I left a sales management career to get an education. I feel I did earn my Benefits and I need an Honorable Discharge to get my GI Bill. At some time I would like to By a house for my son as well.

 2. To Whom It May Concern:

I am submitting this letter with my Request for Review form in order to give a better understanding of the events that led to my discharge and what I accomplished since the service. Included will be a copy of my resume for your review as well.

In early 1995, my ship (USS Sides) had just returned from a week cruise. I went to my wife’s bar and played pool and drank some beer and shots. When my wife and I went home after she got off of work, I quit breathing. I had not eaten anything all day. I was taken to the hospital where they gave me liquids. I was unable to report for duty the next day, so I was given Captains Mass and was sent to the Level II Alcohol program. The program is one month long. It is not designed to get a person to abstain from drinking, but to give one an understanding of the abuse of alcohol. With four days remaining in the program, I was discharged from it because of a disagreement I had with an E-5 (one of the instructors.) It was a great program and I learned a lot. After returning to my ship, my Chief and Cheng said that the Captain would put a page 13 into my record and I could stay in. My marriage was in disarray and my ship was getting ready for a 4-month West pack , so I requested a discharge to try and save my marriage. I was unaware that my (now divorced) wife was a crystal meth and cocaine addict. We spent the next year on and off until 1996 when she was admitted to a mental institution. When I found out what was wrong with her, I felt responsible because I was gone all of the time. So, I went back with her and tried to make it work. When she wouldn’t stop using cocaine and I realized I had done everything I could do, I filed for divorce.

I gave the following six years of my life to TruGreen Chemlawn. I moved up the ranks just as I did in the Navy. My final position with the company was as Branch Marketing Manager of a 4-1/2 million dollar sales unit. I contribute my success over the last 10 years to the Navy. They taught me honor, discipline, management and gave me character.

I am going to be 34 in March. I have a beautiful son, Christopher Jay and I want to make him proud of me. That is why I recently went back to school. Cooking is my passion and I am going to excel in culinary school. I left my $40,000/year job and took a $10.00/hour line cook position at a four star restaurant to gain valuable experience while going to school. I have been in school now for 6 weeks and have an “A” in both classes that I have completed.

I would like to conclude by stating that I take responsibility for my actions ten years ago. I know I was naïve, but over the last 10 years, I have continued to better myself. I am a casual drinker of beer only. I go to school from 7am to 2pm and then to work from 3pm until close. My focus is on my son, my school, and the start of my final career. I need the GI bill to help with the cost of the $35,000 for the 15 month school. I am respectfully requesting that my discharge status be changed to Honorable.

I want to thank you for your consideration and time and I will accept whatever decision you give. I am proud of being a veteran of the Navy and have recently joined the American Legion at Post 0142 and my Member # is (number deleted).

Sincerely,
[signed]
J_ A_ H_ (Applicant).”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’ s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR ( DEP)    910717 – 911208  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 911209               Date of Discharge: 950607

 Length of Service (years, months, days):

         Active: 03 05 29
         Inactive: 00 04 21

 Age at Entry: 20                          Years Contracted: 4 + 2yr extension

 Education Level: 10 GED           AFQT: 79

 Highest Rate: EN3
Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.40 (3)             Behavior: 2.87 (3)                OTA: 3 .60

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR

 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 :

911209:  Applicant to active duty.

911212:  Applicant briefed on the drug and alcohol abuse policy of the U. S. Navy.
920120:  Record of Medical Care: S: ETOH intoxication. A: Alcohol abuse. P: SIQ for 24 hours.

920505:  Record of Medical Care: Applicant had an isolated incident of alcohol related DUI April 1992 and denies alcohol dependence. Recommend Level I.

930505:  Report aboard USS Sides (FFG-14).

940121:  NJP for violation of UCMJ, Article 134: Drunkenness - incapacitation for performance of duties through prior wrongful indulgence in intoxicating liquor.
         Award: Forfeiture of $100 per month for 1 month, restriction and extra duty for 15 days, reduction to E-3. Reduction suspended for 6 months. No indication of appeal in the record.
940122:  Retention Warning: Advised of deficiency (Drunkenness-incapacitation for performance of duties), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

940207:  CAAC evaluation: Recommend Level II.

950111:  Medical Officer Substance Abuse/Dependency Screen: Assessment: Substance abuse. Plan: Level II program.

 950228:  CAAC: Applicant terminated from Level II treatment.

950324:  Applicant notified of intended recommendation for discharge by reason of alcohol abuse rehabilitation failure. The least favorable characterization of service in your case is General.
950324:  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 and to submit a statement.

920327:  Applicant’s statement to Chief of Naval Personnel, states his understanding and acceptance that his refusal to complete the Level II treatment is resulting in his termination of service with a general discharge.
950327:  Commanding Officer recommended discharge with a general (under honorable conditions) by reason of alcohol abuse rehabilitation failure as evidenced by his failure to successfully complete the prescribed Level II rehabilitation treatment program.

950519:  Chief of Naval Personnel directed the Applicant's discharge with type warranted by service record, by reason of alcohol abuse rehabilitation failure.

950617:  Applicant discharged.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19950607 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).

Issue 1: The Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

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. The Applicants alcohol abuse resulted in a DUI in April 1992 and NJP for Article 134 of the UCMJ (Drunkenness) in January 1994, thus his referral to Level II alcohol treatment. The Applicant’s failure to complete the Level II treatment he was assigned is classified as a treatment failure and requires processing for administrative separation. Furthermore, the Applicant’s trait average for behavior merits his general discharge classification. 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 credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities, proof of educational pursuits, verifiable employment records, and documentation of community service. As of this time, the Applicant has not provided 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, Change 9, effective 22 Jul 94 until 2 Oct 96), 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

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