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NAVY | DRB | 2005_Navy | ND0500903
Original file (ND0500903.rtf) Auto-classification: Denied


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

ex-ENFN, USN
Docket No. ND05-00903

Applicant’s Request
The application for discharge review was received on 20050503. 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. Subsequent to the application, the Applicant obtained representation from the American Legion.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20060406. 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) by reason of alcohol rehabilitation failure.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“My discharge was improper because I had one incident while serving Honorably for 3 years and 4 months and Because I never admitted and didn’t feel I was an alcoholic I was discharged.

Personally, I feel a majority of individuals in the Navy consume alcohol, and I fall in this category. This doesn’t make every one of these individuals alcoholics, thus I don’t feel I am an alcoholic either. I asked my chain of command if I could get relocated to the states and I would complete the rehab program there, however, my request was ignored and I was booted out with 3 years and 4 months of service accrued. My total time overseas was 2 years 10 months so it wasn’t as if I hadn’t been serving any time. However with a general discharge I can’t use my GI Bill and I really think I deserve a shot at doing so.”

Applicant’s issues as stated on an attached letter:

 “Good-day Sir / Maam,

I am presenting my case to the review board specifically, for the purpose of an upgrade of my discharge from a general to an honorable . My case is on of misinterpreted circumstances, being that I volunteered myself for the alcohol rehabilitation program while being stationed in Japan . One Saturday morning I overslept and I didn’t make the morning muster, and because of this I also missed the scheduled AA meeting right after the muster . I was discharged from the program for being late then my captain told me that I would have to be discharged from the navy, due to the alcohol rehab failure I wouldn’t be able to receive and honorable discharge . I didn’t fight it thinking that there was nothing I could do to prevent being discharged, so I just allowed the proceedings thereafter to continue expeditiously.
I volunteered for the class because I became increasingly tired of drinking all the time just because alcohol was around, however, after being discharged I quit drinking because it wasn’t a habit I had prior to my enlistment . I am currently a civilian contractor working for Maritime Mechanical Services(a sub-contractor to Earl Industries) at Mayport Naval Station in Florida, I have never been late for work or been counseled for showing up for work intoxicated . I would like to further my education in chemical and mechanical engineering while continuing to work in the field; however I do need tuition assistance to enable my admission to and accredited school.
I am currently married to an active duty personnel and I’m looking toward my future with significant optimism, because I gained a lot of knowledge during my 3 years 5 months of active duty service . My appreciation is duly noted, and I ask that you make your judgment towards me as an individual who served honorably until the time of my discharge and not as a number in the case files, and with that said I am respectfully requesting an upgrade from a general to an honorable discharge.

Respectfully,
[signed]
N_ G_ M_(Applicant) ”

 Representative submitted no issues.

 Applicant’s Remarks: (Taken from the DD Form 293.)

“I would like to respectfully request an unbiased review of my Discharge classification, being that I only had 8 months of total service left on my initial enlistment. I also was about to sign an extension but this was cut short, the only thing I wanted was to be returned to “CONUS” stateside. I never got I chance to appeal the decision seeing that I wasn’t a special case, or troublemaker.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Letter to the Applicant from National Personnel Records Center, dtd April 1, 2004
Job/Character Reference ltr from J_ B_, Office Manager, dtd September 22, 2005
Letter from Tidewater Staffing, undtd
Service connected compensation decision from Department of Veterans Affairs, dtd August 31, 2004 (7 pages)
Thirty-two pages from Applicant’s PQS record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20000824 - 20000912      COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 20000913             Date of Discharge: 20040210
Length of Service (years, months, days):

         Active: 03 04 28
         Inactive: None

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

 Age at Entry: 18

 Years Contracted: 4 (12 month extension)

 Education Level: 12                                 AFQT: 73

 Highest Rate: EN3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.3 (3)                       Behavior: 1.7 (3)                 OTA: 1.67
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Armed Forces Expeditionary Medal, National Defense Service Medal, Meritorious Unit Commendation(2), Navy Unit Commendation, Sea Service Deployment Ribbon, Overseas Service Ribbon.

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 :

030630:  NJP for violation of UCMJ, Article 95 (Resisting apprehension).
 Violation of UCMJ, Article 134 (Drunk and disorderly conduct).
          Award: Forfeiture of $789.90 per month for 2 months, restriction and extra duty for 45 days, reduction to E-3. No indication of appeal in the record.

030630:  Retention Warning: Advised of deficiency (“Applicant was awarded CO’s non judicial punishment on 30 June 2003 for violation of the UCMJ Article 95 (Drunk and disorderly conduct), Article 134 (Resisting apprehension).), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

 040122:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of misconduct - alcohol rehabilitation failure.

040122:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
040123:  Evaluation Report and Counseling Record Comments on Performance: This evaluation is submitted upon the occasion of Engineman Fireman M_(Applicant)’s separation from the United States Navy due to failing level III Command Alcohol Abuse Counseling.
040122: *        Commanding Officer, USS O’BRIEN (DD 975) directed discharge with a general (under honorable conditions) by reason of adjustment disorder as evidenced in enclosures (2). Commanding Officer’s comments: “ENFN M_(Applicant) has demonstrated a pattern of misconduct and failure to adapt to U.S. Navy standards and requirements. The shipboard chain of command exhausted all leadership and mentoring methods available including, one mast case an alcohol rehabilitation failure. ENFN M_(Applicant) latest infraction of the UCMJ despite previous efforts to improve his behavior make him incompatible with military service and the Navy’s Core Values of Honor, Courage and Commitment. In view of his disruptive presence, the command must expedite his discharge and remove him from the Navy immediately. His pattern of misconduct in enclosure (4) warrants this separation.” (* Letter dated 22 Jan 03, administrative error.)

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20040210 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).

The NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will change the reason for discharge if such a change is warranted. The summary of service clearly documents alcohol rehabilitation failure for which the Applicant was discharged. The Applicant failed to complete level III Command Alcohol Abuse Counseling. Since no other Narrative Reason for Separation could more clearly describe why the Applicant was discharged, a change would be inappropriate.

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 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. T he Applicant’s service was marred by nonjudicial punishment proceedings for violations of Articles 95 (resisting apprehension) and 134 (drunk and disorderly conduct) of the UCMJ. Additionally, the Applicant received one retention warning. 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. Relief is not warranted.

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.

The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, 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 the civilian life subsequent to leaving the service. Normally, to permit relief, a procedural impropriety or inequity must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review, is considered. The Applicant provided one letter of recommendation from his employer as documentation of his post-service. The Applicant's efforts need to be more encompassing than those provided. For example, the Applicant could have produced evidence of continuing educational pursuits, a verifiable employment record, documentation of community service, evidence of drug free existence, and certification of non-involvement with civil authorities, in order for consideration for relief based on post-service conduct. At this time, the Applicant has not provided sufficient documentation of post service character and conduct to mitigate the misconduct that resulted in his characterization of discharge. Therefore, no relief will be granted.

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 additional evidence related to this 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), re-issued October 2002, effective 22 Aug 2002 until 28 April 2005, 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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