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NAVY | DRB | 2005_Navy | ND0500686
Original file (ND0500686.rtf) Auto-classification: Denied


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

ex-HM1, USN
Docket No. ND05-00686

Applicant’s Request
The application for discharge review was received on 20050316. The Applicant requests that his reason for the discharge be changed. 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 20050620. 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, the reason for 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

 No issues submitted by the Applicant.

“See enclosed package”.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Waiver authority from Florida Air National Guard, dated June 23, 2004
Air National Guard Commissioning/Enlistment Checklist, dated January 8, 2005
Report of medical history, dated July 23, 2004 (pages 1 and 3)
Report of medical examination, dated, July 23, 2004 (pages 1 and 3)
Consultation sheet, dated July 23, 2004
Letter from Applicant, dated June 11, 2003
Narrative summary, dated December 19, 2004
Medical prescreen of medical history report, dated May 19 2004 (pages 2-6)
Applicant’s DD Form 214 (2)
Letter from Vet Center, dated March 22, 1993 (2)
Medical prescreen of medical history report, dated June 26, 2003 (pages 2-6)
Note from the desk of Jacksonville Family Practice, dated August 22, 2003
Letter from Gateway Community Services, Inc., dated August 28, 2003

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR            800416 - 800527  COG
         Active: USNR              800528 - 801016  HON
                  USN                       801017 - 880811  HON


 Period of Service Under Review :
Date of Enlistment: 880812               Date of Discharge: 921214

 Length of Service (years, months, days):

         Active: 04 04 03
         Inactive: None

 Age at Entry: 34                          Years Contracted: 6

 Education Level: 12                        AFQT: 91

 Highest Rate: HM1

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.76 (5)             Behavior: 3.60 (5)                OTA: 3.84

Military Decorations: None

 Unit/Campaign/Service Awards: NAM, NDSM, GCM, NEM, NER, MUC, NFMFR, NREM, SSDR (3), LoC

 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 :

880812:  Applicant reenlisted for 6 years.

 910429:  Applicant to Naval Rehabilitation Center, Jacksonville, FL. [Extracted from History of Assignments.]
910524:  Applicant released from Naval Rehabilitation Center, Jacksonville, FL [Extracted from History of Assignments.]
910524:  Applicant notified of completion of a program of refresher rehabilitation for alcoholism. Having had the benefit of prior rehabilitation you are not eligible for further Level III treatment. Should Applicant fail to complete all aspects of aftercare program or be involved in a subsequent alcohol related incident, it is recommended Applicant be processed for administrative separation.

920701:  Level III aftercare completion. (Extracted from Commanding Officer’s letter).

921030:  While on liberty in Naples, Italy Applicant missed two duty days due to intoxication, placed on Charlie liberty risk. (Extracted from Commanding Officer’s letter).
921108:  Applicant notified of intended recommendation for discharge by reason of alcohol abuse rehabilitation failure. The least favorable characterization of service authorized in your case is general.
921110:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
921121:  Commanding Officer directed discharge with an honorable by reason of alcohol abuse rehabilitation failure. Commanding Officer’s comments: It has become apparent to this command that after the second failure of Alcohol Rehabilitation by SNM, he has not corrected his problem of alcohol dependency and therefore he has no potential for further Naval Service. For this reason, HM1 T_ (Applicant) was separated from the Navy for Alcohol Rehabilitation Failure. SNM did not qualify for VA treatment upon discharge.

921214:  Discharged.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19921214 with an honorable 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 requested that the reason for his discharge be changed. The NDRB, under its responsibility to examine the propriety and equity of a discharge, will change the reason for discharge if such a change is warranted. The service record clearly documents alcohol abuse rehabilitation failure resulted in the Applicant’s discharge. The board commends the Applicant on his sobriety, education and community service. However, despite the Applicant’s accomplishments, the underlying circumstances surrounding the Applicant’s discharge have not changed. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. To change the Narrative Reason for Separation would be inappropriate. Relief not warranted.

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 may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning relief in this matter.

The Applicant remains eligible for a personal appearance hearing, provided the 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
                  Washington Navy Yard DC 20374-5023

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