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NAVY | DRB | 2005_Navy | ND0500868
Original file (ND0500868.rtf) Auto-classification: Denied


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

ex-AT2, USNR
Docket No. ND05-00868

Applicant’s Request
The application for discharge review was received on 20050421. The Applicant requested that his characterization of service received at the time of discharge be changed to honorable. The Applicant requested 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 20051102. After a thorough review of all available 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 characterization of the 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 am respectfully requesting my discharge be changed to HONORABLE. I am trying to continue my career in Avionics in the reserves. I completed alcohol rehabilitation in Grand Island Nebraska in 2002 and have been incident and alcohol free since.”

 Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (2)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USN    19870124 - 19870803      DEP
          Active: USN      19870804 - 19930726      HON
Period of Service Under Review :
Date of Enlistment: 19930727             Date of Discharge: 19980417

 Length of Service (years, months, days):

         Active: 04 08 21                  (Total Service: 10 08 14)
         Inactive: None

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

 Age at Entry: 24

 Years Contracted: 4 (12 month extension)

 Education Level: 12                                 AFQT: 62

 Highest Rate: AT2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.0 (3)              Behavior: 2.7 (3)                 OTA: 3 .52 (3)

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal; 2nd Good Conduct Medal, 96AUG31; Navy “E” Ribbon (2); Meritorious Unit Commendation Medal (2)


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 :

930727:  Reenlisted this date for a term of 4 years.
930810:  Applicant charged with being drunk on duty.

 930830:  NJP for violation of UCMJ, Article 112: Drunk on duty on 930810
         Award: Forfeiture of $616.35 per month for 2 months, restriction for 15 days, reduction to E-4. Forfeiture and reduction suspended for 6 months. No indication of appeal in the record.

930831:  Retention Warning: Advised of deficiency (any further misconduct), advised of consequences of further deficiencies, and issued discharge warning.

931117:  Applicant begins Level III alcohol treatment.

931217:  Completion Level III alcohol treatment.

971031:  Charged with DUI (BAC 0.24%).

 971208:  Substance Abuse Rehabilitation Department Screening Summary Note: Referred due to civilian DUI on 10/31/97 BAC .24. Prior Level II rx 3/92 + Level III 12/93.
Recommendation: Intensive outpatient, prevent program, and continue AA meetings.
971210:  NMC San Diego: Reason: CAAC Screening outpatient treatment form: Diagnosis - ETOH dependence. Recommendation – Level III.

980128:  Alcohol Dependence Intensive Outpatient Program, SARD Pt. Loma

 980315:  Applicant convicted of DUI (BAC 0.24%)

980331:  Evaluation Report & Counseling Record Comments: This special evaluation is submitted to document AT2 M_ (Applicant)’s latest alcohol related incident and rehabilitation failure on 980318. AT2 M_ (Applicant) attained traits of 1.0 due to involvement in alcohol related incident while on detachment at NALF San Clemente Island. Due to Applicant’s failure to comply with State mandated Aftercare Program, retention is not recommended.

980417:  DD Form 214: Applicant discharged with a general (under honorable conditions) by reason of alcohol rehabilitation failure.

Service Record did not contain the Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19980417 by reason of alcohol rehabilitation failure (A) with a service characterization of general (under honorable conditions). After a thorough review of all available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C). The Board presumed regularity in the conduct of governmental affairs (D).

 When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. A general (under honorable conditions) 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 a nonjudicial punishment for a violation of UCMJ Article 112 (drunk on duty) and a civilian conviction for driving under the influence . The Applicant’s service record clearly documents alcohol abuse following the completion of level II treatment and further abuse following Level III intensive inpatient treatment. This misconduct violated the rehabilitation aftercare treatment plan, validating alcohol rehabilitation treatment failure as the narrative reason for discharge. The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Separation processing is mandatory for Sailors with documented alcohol or drug treatment failure. Relief denied.

In the absence of a complete service record, and discharge documents the Board presumed regularity of governmental affairs. Therefore, the Board presumed that the Applicant’s discharge was conducted in accordance with that described in reference “A”. If the Applicant feels his discharge was administratively flawed he bears the burden of establishing his issues through the presentation of substantial and credible evidence. Relief on this basis is not warranted.

 The Applicant desires an upgrade in order to continue his Avionics career in the reserves. The Board recognizes the Applicant’s motivation to reenter the service; however, the Applicant is advised that the Board has no jurisdiction over reenlistment, reentry, or reinstatement into any of the Armed Forces. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Further, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment, housing, medical or educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. Since these issues do not serve to provide a foundation upon which the Board can grant relief, relief is denied.

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, proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities. The Applicant stated the he had completed alcohol rehabilitation and is alcohol free. However, the Applicant provided no documentation for the Board’s consideration. Based on a lack of sufficient post service factors, relief denied. 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. Navy Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 97 until Present, 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 .

 D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs .


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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