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NAVY | DRB | 2005_Navy | ND0500530
Original file (ND0500530.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-IT2, USN
Docket No. ND05-00530

Applicant’s Request
The application for discharge review was received on 20050207. The Applicant requests the Discharge 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 designate a representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20051013. 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 and reason for discharge shall not change. The discharge shall remain General (Under Honorable Conditions) by reason of alcohol rehabilitation failure.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“I was separated due to alcohol rehabilitation failure: However, the incident that occurred on 14 Oct 00 was not for public intoxication. It was for family assult. I was separated for an invalid reason”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Guam Police Department, Police Clearance, dated August 2, 2001
Applicant’s service record documents (6 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19950630 - 19951226      COG
          Active: USN      19951227 - 19990719      HON
Period of Service Under Review :
Date of Enlistment: 19990720             Date of Discharge: 20010112

 Length of Service (years, months, days):

         Active: 01 05 23
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence:    None
         Confinement:                       None

 Age at Entry: 22

 Years Contracted: 5

 Education Level: 12                                 AFQT: 96

 Highest Rate: IT2

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.50 (2)                      Behavior: 2.00 (2)       OTA: 3 .07

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Flag Letter of Commendation, Navy Unit Commendation Ribbon, Sea Service Deployment Ribbon (3), Armed Forces Expeditionary Medal, Navy “E” Ribbon, Good Conduct Award Medal


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 :

990720:  Reenlisted this date for a term of 5 years.

000114:  CAAC screening: Applicant does meet criteria for alcohol abuse. Abuse causes social personal problems. Plan: ASAM Level I outpatient treatment. Patient was seen as a result of 3 ARI’s in the last year. Feb 99 member got intoxicated, made a possible suicide remark and was seen by CAAC and Mental Health Yokosuka, Japan. End of Sept, patient was arrested for public intoxication, disorderly conduct, and public lewdness, no BAC taken. 24 Oct 99, late for watch 3 hours and showed up with ETOH smell on breath, No BAC taken.

000222:  Applicant enters CAAC Level I outpatient treatment program for alcohol treatment.

000302:  Applicant completed CAAC’s Level I outpatient treatment program. Recommended aftercare: Regular counseling sessions with the command DAPA on a weekly basis during the formal aftercare period. Participate in formalized CAAC Guam aftercare group for a minimum of 4 weeks.

 000508:  Counseling: Applicant advised that he failed the [04/00] physical readiness test by failing the running and placed on the command’s sponsored physical conditioning program. Sources of assistance included.

 001014:  Guam Police Department offense report: Charges: Family violence, aggravated assault, disorderly conduct, three counts jurisdiction over adults, public intoxication. Department Disposition: Booked and confined.
001113:  Counseling: Advised of deficiency (alcohol rehabilitation failure). Applicant accepted screening and will accept treatment offered if found to be drug and/or alcohol dependent.

001113:  Applicant notified of intended recommendation for discharge by reason of alcohol abuse rehabilitation failure. Applicant notified that the least favorable characterization of service possible is general (under honorable conditions).
001113:  Applicant advised of rights and having consulted with counsel, elected to obtain copies of the documents used to support the basis for the separation and to General Court-Martial Convening Authority review. Applicant waived the right to submit a written statement.
001127:  Commander, U.S. Naval Forces, Marianas, directed the Applicant's discharge with a general (under honorable conditions) by reason of alcohol rehabilitation failure.

001219:  CAAC Screening Report: Patient seen here at CAAC due to a domestic dispute incident in Oct 2000. Patient disclosed he’d had two beers on the day of the incident. Disclosed this was the first and only alcohol he has drank in a year. Completed ASAM Lvl I for alcohol abuse Mar 2000. Recommend Admin Sep due to treatment failure and refer to medical officer or LIP.

010201:  Commanding Officer, U.S. Naval Computer and Telecommunications Station, Guam, submitted the administrative discharge package to CNPC. Commanding Officer’s comments: Member met the criteria for separation under the provisions of MILPERSMAN 1910-152, Separation by Reasons of Alcohol Abuse Rehabilitation Failure. IT2 D_ (Applicant) completed CAAC’s Level I Outpatient Treatment Program from 22 February to 2 March 2000. On 14 October 2000, Petty Officer D_ (Applicant) was arrested and charged for public intoxication. Per reference (c), [OPNAVINST 5350.4C] members who incur an alcohol incident, any time in their career, after having received treatment that resulted from a previous alcohol incident, will be processed for administrative separation.


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20010112 by reason of alcohol rehabilitation failure (A) with a service characterization of general (under honorable conditions). 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 (B and C).

 By regulation, a discharge shall be deemed proper, unless it is determined that an error of fact, law, procedure, or discretion has substantially prejudiced the rights of the Applicant. The Applicant was discharged with a general (under honorable conditions) by reason of alcohol rehabilitation failure. A review of the Applicant’s service record convinced the Board that a preponderance of evidence exists to support the Applicant’s basis for separation by virtue of serious alcohol incident on 20001014 for aggravated assault, domestic violence, and public intoxication. The record further reveals that the Applicant completed Level I CAAC alcohol rehabilitation treatment on 20000302 for serious alcohol incidents including showing up late to watch with alcohol on his breath and an arrest for public lewdness and public intoxication. Thus, the Applicant’s alcohol incident on 20001014 constituted a violation of his Level I CAAC treatment. Under applicable regulations, processing is mandatory for sailors deemed to be alcohol treatment failures. The Applicant was properly processed and notified for separation by reason of alcohol rehabilitation failure on 001113 with a least favorable characterization of general (under honorable conditions). On the same day, the Applicant elected to consult with counsel, elected general court-martial convening authority review, and to obtain copies of the documents used to support the basis for separation. On 20001127, Commander, U.S. Naval Forces, Marianas, directed the Applicant’s discharge with a general (under honorable conditions) by reason of alcohol rehabilitation failure. Based upon the above review, the Board unanimously concluded that the Applicant’s discharge processing was in substantial compliance with applicable statutes, rules, and regulations. Despite the Applicant’s contentions, The Board could find no error of fact, law, procedure, or discretion that might afford the Applicant relief. Thus, the Board concluded that relief is not warranted.

Regulations require that a Sailor’s characterization of service be based upon the member’s total performance of duty and conduct during the current enlistment. Furthermore, there are circumstances where conduct or performance of duty reflected by a single adverse incident may form the basis of characterization for a Sailor’s overall service. The incident need not result in formal punishment to be properly used to characterize a Sailor’s service. When the service of a member of the U.S. Navy has met the standard for acceptable conduct and performance, it is appropriate to characterize that service as honorable. A general (under honorable conditions) discharge is warranted when a member's service has been honest and faithful, however significant negative aspects of the member’s conduct or performance of duty outweighed positive aspects of the member’s service record. T he Applicant’s service was marred by repeated incidents of alcohol avuse to include arrests for aggravated assault, domestic violence, public intoxication, and public lewdness. The Applicant’s misconduct reflects his failure to meet the minimum standards required for an honorable discharge. 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. 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 V, Para 502, Propriety .

 C. 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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