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NAVY | DRB | 2005_Navy | ND0501072
Original file (ND0501072.rtf) Auto-classification: Denied


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

ex-CMCN, USN
Docket No. ND05-01072

Applicant’s Request
The application for discharge review was received on 20050614. The Applicant requests the Narrative Reason for Separation be changed to “Refusal of Treatment.” The Applicant requests a documentary record discharge review. The Applicant designated the Alabama Department of Veterans Affairs as the representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20051117. After a thorough review of all available records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity was discovered by the NDRB. The Board’s vote was unanimous that the reason for discharge shall not change. The discharge shall remain Honorable 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 not discharged for “Alcohol Rehabilitation Failure”. I was discharged because I “Refused Treatment”.

“The Command Alcohol and Drug Official told me that if I did not go to alcohol rehabilitation I would be discharged with and “Honorable” discharge and a RE-4 reenlistment. That was fine with me. I did not fail the treatment. My DD-214 discharge appears to anyone looking at it that I am some kind of alcoholic that cannot be treated.”

 The Applicant’s representative submitted no issues.

_______________________________________________________________________
 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from Applicant dtd July 26, 2005
Applicant’s DD Form 214
Commanding Officer’s comments (last page of recommendation for discharge letter)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19900503 – 19901008               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19901009             Date of Discharge: 19931119

 Length of Service (years, months, days):

         Active: 03 01 11
         Inactive: None

 Time Lost During This Period (days):

         Unauthorized absence: none
         Confinement:              none

 Age at Entry: 21

 Years Contracted: 4 (12 month extension)

 Education Level: 12                                 AFQT: 35

 Highest Rate: CM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.2 (4)              Behavior: 3.4 (4)                 OTA: 3 .20

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal, Sea Service Deployment Ribbon


Character, Narrative Reason, and Authority of Discharge (at time of issuance):

HONORABLE/ALCOHOL REHABILITATION FAILURE, authority: MILPERSMAN, Article 1910-152 (formerly Article 3630550).
Chronological Listing of Significant Service Events :

930729:  NJP for violation of UCMJ, Article 86 (2 specs): Failure to go to appointed place of duty.
 Award: Restriction for 30 days, reduction to E-3. No indication of appeal in the record.

 930730:  Retention Warning: Advised of deficiency (unauthorized absence, NJP), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
930905:  Naval Medical Clinic Port Hueneme, CA Alcohol/Controlled Substance Abuse Evaluation indicates applicant has abused alcohol (episodic), is not drug or alcohol dependent, does not require detoxification or hospitalization. Does not require rehabilitation.

931005:  Naval Medical Clinic Port Hueneme, CA, command referral. Diagnosis – episodic alcohol abuse - not dependent. Recommend CAAC Level II treatment.

931012:  Commanding Officer, U.S. Naval Mobile Construction Battalion FORTY notification to Applicant. The Applicant has been formally evaluated as an alcohol abuser, however, he possess potential for further useful service. To remain eligible for continued service he must participate in the level II program regimen. Failure to cooperate in and complete this regimen will constitute grounds for separation processing.

931020:  DAPA Memorandum to Legal officer: Applicant stated he would not accept the Level II Treatment he was offered. The XO recommended starting the Administrative Separation process.
931104:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of alcohol rehabilitation failure as evidenced by your refusal to participate in a level II alcohol rehabilitation program.

931104:  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.
931109:  Applicant declined 30 days VA in-patient alcohol rehabilitation.

 931115:  Commanding Officer, U.S. Naval Mobile Construction Battalion FORTY, informed the Chief of Naval Personnel of CMCN D_’s (Applicant) discharge with an honorable by reason of alcohol rehabilitation failure. Commanding Officer’s comments: “Constructionman D_ (Applicant) was offered the opportunity to attend Level II alcohol rehabilitation treatment but he informed our command DAPA that he refused such treatment. Since reporting aboard this command Constructionman D_ (Applicant) has been an adequate worker and has problems reporting to his appointed place of duty. I am discharging Constructionman D_ (Applicant) with a discharge warranted by his service record”.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19931119 by reason of alcohol rehabilitation failure (A) with a service characterization of honorable. 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).

Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. By regulation, a member may be separated by reason of alcohol abuse rehabilitation failure when he demonstrates an inability or refusal to participate in, cooperate in, or successfully complete a Level II or III rehabilitation treatment program. The Board discovered no impropriety or inequity after a review of Applicant’s case. Relief is not warranted.

The Applicant contends the narrative reason for his separation is inappropriate. 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 separation process was in strict compliance with the Naval Military Personnel Manual Article 1910-152. The Applicant was properly notified of his intended discharge by reason of alcohol rehabilitation failure, he elected not to consult counsel and elected to waive his rights. The Applicant's refusal to participate in Level II alcohol rehabilitation is clearly documented in the official record. Furthermore, in the Applicant’s issues he states that he refused treatment. The Applicant’s refusal to submit to Level II alcohol rehabilitation is by definition alcohol rehabilitation failure, hence the narrative reason assigned at discharge. 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 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 evidence of a drug free life style, proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities. The Applicant has not provided post service documentation for the Board’s consideration.

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. Naval Military Personnel Manual, (NAVPERS 15560C), effective 05 Mar 93 until
21 Jul 94, 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 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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