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NAVY | DRB | 2005_Navy | ND0501130
Original file (ND0501130.rtf) Auto-classification: Denied


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

ex-BM1, USN
Docket No. ND05-01130

Applicant’s Request
The application for discharge review was received on 20050627. The Applicant requests the Narrative Reason for Separation be changed to “RE-1/corresponding separation program number convenience of the government.” The Applicant requests a personal appearance hearing before the Board in the Washington, D.C. Metropolitan area. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. The Applicant did not designate a representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20051221. 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 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 and/or attached document/letter:

“Dear BCMR: The following issues are the reasons I believe my narrative reason for separation should be changed to “Convenience of the government” with a RE-1, reentry code and the proper “separation program number code. Please continue on enclosure 1.

 Dear BCMR Members: The following issues are the reasons I believe my “Narrative Reason For Separation” Block#28 of DD Form 214, Nov 88 should be changed to “Convenience of the Government”, “Reentry Code” Block#27 of DD Form 214, Nov 88 should be changed to “RE-I” and “Separation Code” Block#26 of DD Form 214, Nov 88 should be changed to reflect the correct and corresponding “Separation Program Number.” If you disagree, please explain in detail why you disagree at a board hearing that I request to attend in the Washington, D.C . Metro Area . The presumption of regularity that might normally permit you to assume that the service acted correctly in characterizing my above requests does not apply to my case because of the evidence I am submitting.

My average conduct and efficiency ratings and proficiency marks were above average to outstanding . I received two Navy Achievement Medals from the Secretary of the Navy for service above and beyond the call of duty . I received numerous letters of commendations and appreciations while on active duty . I was nominated Sailor of the Quarter on four different occasions and selected twice . I was also the runner up for Sailor of the Year while stationed at Seal Beach Naval Weapons Station in two reporting periods . My records of promotions showed I was a good service member . There were other acts of merit that I will present evidence of at my board hearing . I have been an outstanding citizen since discharge . My ability to serve was impaired by my youth and immaturity due to the lack of logically dealing with my personal problem of divorce . I received no support from my command or navy legal during this personal time of crisis . In return, my ability to serve was impaired because of my marital problem . While deployed to the Persian Gulf in 1992, my now ex-wife (I_ B_) was in control of my complete financial resources and obligations . In short, she took everything I had and paid no obligations for approximately six months . My use of alcohol impaired my ability to serve . I tried to serve and wanted to, but just could not because of my circumstances . I come from a dysfunctional family with a history of alcoholism . I have now successfully received treatment and conquered my demon . I am thought highly of by the community, workforce, social aggregates, and family members in my current life . I have achieved accomplishments since I was discharge that is unheard of and I will present to you in person.

While deployed to the Arabian Gulf and Red Sea from 22 April 1992 to 22 October 1992 my now divorced wife (I_ A . B . F_) was in complete control of my affairs through a “General Power of Attorney.” During this period of time, none of my financial obligations were kept by her . My personal property was either sold or discarded . All of my liquid assets were gone when I returned to the States . Upon my return from deployment I approached my chain of command, Command Master Chief and Navy Legal for guidance on the problem . No signs of importance or advice were given with little interest of concern . Numerous of my fellow shipmates approach me and told me that another male sailor was send with my wife in town engaged in very personal acts in nightclubs . When this was brought to the attention of the Command Master Chief by another Chief Petty Officer the statement that was communicated was, “I do not care if his friend is a buddy fucxxx or not.”

All the above mentioned circumstances during the time period of late 1992 to early 1994 was the root cause of my immature acts . I feel without these events I would have not acted in an unprofessional manner bringing shame to myself and the worlds finest Navy . For these reasons and more evidence I will submit at a board hearing, I respectfully request you consider my request noteworthy . I would have requested a board hearing earlier, but I was unaware I had the ability to do this until January of the year 1995.

Since the above-mentioned incident, I have successfully completed the Veterans Administration’s Alcohol Rehabilitation Program . I have been sober for approximately ten years . Through the Veterans Administration’s Vocational Rehabilitation Program, I received my Associate’s of Arts and Bachelor’s of Arts Degree . I am currently pursuing my Master of Business Administration Degree and will graduate in December, 2005 . I currently hold a 4.00 G.P.A . First, I have enclosed a copy of my credit report for your review . Second, I have enclosed a copy of my college transcripts . Third, a copy of my son’s birth is enclosed . Fourth, a copy of my marriage certificate is enclosed . Fifth, a copy of my divorce from I _ A.B . F _. Sixth, copies of my DD-214’s are enclosed . Seventh, eight copies of Letter of Recommendations enclosed for your review . Eighth, a copy of my resume is enclosed . Ninth, two copies of Navy Achievement Medals are enclosed . Tenth, National University Certificate of Leadership . Eleventh, five copies of Naval Letters of Commendation enclosed . Twelfth, Senior Patrolman of the Quarter Award . Thirteenth, Sailor of the Month Award . Fourteenth, Enlisted Surface Warfare Specialist designator certificate . Fifteenth, Management Development: Leadership Certificate . All the above-mentioned items are for you review . I will also present more documentation at the board hearing for you consideration.

Sincerely,
 [signed]
J_ S. B_ (Applicant) ‘ 04

Enclosure 1”


 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 copies)
Instructions for Completion of DD Form 293 (2 pages)
Birth Certificate for J_ A_ B_, dated January 18, 1999
Dissolution of marriage papers
Strayer University grade report, Winter 2005
Strayer College curriculum sheet
Belmont Abbey College transcript
Gaston College transcript (3 pages)
Applicant Credit Report, printed June 13, 2005 (18 pages)
Character reference ltr from H_ G_, General Manager of Manufacturing, dtd April 4, 2002
Character reference ltr from C_ L)_, Livesay and Associates, dtd October 7, 2002
Character reference ltr from K_ H. )_, Plant Manager, dtd April 3, 2002
Letter of recommendation (e-mail) from D_ C_, dtd March 8, 2002
Character Reference ltr from B_ L_, Treating Area Manager, Bridgestone/Firestone, undtd
Character Reference ltr from S_ P. M_, dtd March 31, 2004
Character Reference ltr from G_ S. J_, dtd February 22, 2002
Character Reference ltr from J_ E. S_, English Instructor, Gaston College, dtd February 26, 2002
Applicant’s resumé (2 pages)
Navy Achievement Medal citation, dated July 6, 1988
Navy Achievement Medal citation, dated July 2, 1991
Navy Achievement Medal
National University Certificate of Leadership, dtd April 1990
Citation, dated March 30, 1989
Letter of Appreciation citation, dated September 14, 1991
Letter of Appreciation citation
Letter of Commendation, dated July 1990
Letter of Commendation, Second Quarter 1990
The Senior Patrolman of the Quarter Award, dtd April 1, 1991
Certificate of Completion, dtd October 20, 2000
Sailor of the Month Certificate, dated March 31, 1990
Enlisted Warfare Specialist Certificate of Completion, November 5, 1987
Marriage license
Two pages from civilian medical treatment
Enlisted Performance Evaluation Report, dtd March 25, 1994 (2 pages)
Enlisted Performance Evaluation Report, dtd August 3, 1993 (2 pages)
Enlisted Performance Evaluation Report, dtd June 29, 1993 (2 pages)
Letter from Chief of Naval Personnel, dtd August 27, 1992
Enlisted Performance Evaluation Report for reporting period July 3, 1991 to November 30, 1991 (2 pages)
Enlisted Performance Evaluation Report for reporting period November 30, 1990 to July 2, 1991 (2 pages)
Enlisted Performance Evaluation Report for reporting period April 1, 1990 to November 30, 1990 (2 pages)
Enlisted Performance Evaluation Report for reporting period April 1, 1989 to March 31, 1990 (2 pages)
Enlisted Performance Evaluation Report, dtd March 31, 1989 (2 pages)
Enlisted Performance Evaluation Report for reporting period April 1, 1987 to December 11, 1987 (2 pages)
Enlisted Performance Evaluation Report for reporting period July 1, 1986 to March 31, 1987 (2 pages)
Enlisted Performance Evaluation Report for reporting period January 1, 1986 to March 31, 1986 (2 pages)
Enlisted Performance Evaluation Report for reporting period December 11, 1985 to June 30, 1986 (2 pages)
Enlisted Performance Evaluation Report for reporting period October 5, 1985 to December 10, 1985 (2 pages)
Enlisted Performance Evaluation Report for reporting period July 16, 1985 to October 4, 1985 (2 pages)
Enlisted Performance Evaluation Report, dtd August 5, 1985 (2 pages)
Enlisted Performance Evaluation Report for reporting period February 1, 1984 to January 31, 1985 (2 pages)
Enlisted Performance Evaluation Report for reporting period November 23, 1983 to January 31, 1984 (2 pages)
Enlisted Performance Evaluation Report for reporting period February 1, 1983 to November 22, 1983 (2 pages)
Enlisted Performance Evaluation Report for reporting period August 18, 1982 to January 31, 1983 (2 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19811223 - 19820503      COG
          Active: USN      19820504 - 19871023      HON
          USN     19871024 - 19910123      HON
Period of Service Under Review :
Date of Enlistment: 19910124             Date of Discharge: 19940328

 Length of Service (years, months, days):

         Active: 03 02 04 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):

         Unauthorized absence:    60 days
         Confinement:                       6 days

 Age at Entry: 27

 Years Contracted: 4

 Education Level: 9                                  AFQT: 38

 Highest Rate: BM1

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.6 (5)                       Behavior: 3.5 (5)                 OTA: 3.6

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(4 th ), Southwest Asia Service Medal, Armed Forces Expeditionary Medal(2), Letter of Commendation(2), Battle “E” Ribbon, Navy Achievement Medal, Meritorious Unit Commendation(2), First Good Conduct Medal period ending 89MAR07, Navy Expeditonary Medal


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 :

910124:  Reenlisted this date for a term of 4 years.
921207:  Applicant to unauthorized absence at 0715 on 921207 (52 days).

 930106:  Applicant declared a deserter. Remarks: “SNM was TAD to another CMD for medic eval and failed to RTN to ORIG. He is in possession of his medical and SVC records.
930128:  Applicant from unauthorized absence at 0925 on 930128. Applicant transferred to Brig, NAVSTA Long Beach, for pre-trial confinement. Transferred back to David R. Ray 1600, 930203 for disciplinary action.
930913:  Narrative Summary, Naval Medical Center, Oakland, CA: Admission Diagnosis: 1. Alcohol dependency, existing prior to enlistment. 2. Nicotine dependency, existing prior to enlistment. 3. Post concussive syndrome. 4. History of peptic ulcer disease.
         Discharge Diagnosis: Primary alcohol dependence, continuous and existing prior to enlistment, secondary nicotine dependable existing prior to enlistment. Post concussive syndrome. Peptic ulcer disease (duodenal bulb ulcer).
         Operations and procedures: Primary Level III alcohol dependence rehabilitation therapy upper gastrointestinal radiologic study.
         Disposition: The Applicant discharged to limited duty/medical holding company, Naval Medical Center Oakland as arranged previously by mental health department.
930916:  Applicant to limited duty for 6 months.

 930922:  Applicant admitted to ARD refresher level III treatment at Naval Hospital Oakland for ETOH dependency.
931014:  Applicant successfully completed three weeks of Level III treatment for ETOH abuse at NHO ARD.
931218:  Narrative Summary, Naval Medical Center, Oakland, CA: Admission diagnosis: Psychogenic amnesia.
931221:  Discharge Diagnosis: AXIS I: Psychogenic amnesia treated, resolved.
          AXIS II: Alcohol dependence in partial remission. Applicant returned to limited duty.
940103:  Applicant to unauthorized absence at 0730 on 940103.

 940109:  Applicant from unauthorized absence at 2141 on 940109 (6 days).
940118:  Mental Health: Impression: Alcohol dependence, in partial remission.
         Psychogenic amnesia by history.
         Plan: Return Monday 24Jan at 1130 hrs.

940124:  Plan: Extend LIMDU for 5 more months to ensure adequate observation period and opportunity to resolve marital and financial stressors. Return 09Feb93 at 1000 hrs.

 940131:  Counseling and Assistance Center recommends administrative separation from the service due to treatment failure and afford treatment through the VA. Applicant attended Level II in 1988, Level III from 890530-890707, and Level III refresher from 930922-931014. Refer to Fleet Mental Health for psychiatric evaluation. Attend 3-4 AA meetings per week until separation and monitor by the Command DAPA. Seek personal counseling at the Family Service Center. Meet with chaplain for suicidal ideations. Applicant be held accountable for actions on alcohol use. Applicant shows poor potential for further service.
940211:  Applicant to unauthorized absence at 0730 on 940211.

 940214:  Applicant from unauthorized absence at 0310 on 930214 (2 days).
940314:  Applicant notified of intended recommendation for discharge by reason of alcohol abuse rehabilitation failure as evidenced by alcohol related unauthorized absences on 3 January 1994 and 11 February 1994. Applicant notified that the least favorable characterization of service possible is general (under honorable conditions).
940314:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights. The Applicant did not object to the separation.
940513:  Commanding Officer, Naval Air Station, Alameda, CA directed discharge with an honorable by reason of alcohol abuse rehabilitation failure. Commanding Officer’s comments: “Per reference (a), I have determined that BM1 B_ (Applicant) should be discharged from the naval service for alcohol abuse rehabilitation failure as evidenced by his alcohol related unauthorized absences on 3 January 1994 and 11 February 1994. BM1 B_ (Applicant)’s alcohol abuse continued despite the Navy’s best effort to rehabilitate him. He attended Level III treatment twice. His drinking problem and the misconduct that flowed from it made him a liability to my command.”

Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19940328 by reason of alcohol rehabilitation failure (A) with a service characterization of honorable. 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 Board presumed regularity in the conduct of governmental affairs (D).

 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 evidence of record demonstrates the Applicant was diagnosed alcohol dependent on numerous occasions. The evidence of record further demonstrates that the Applicant completed three separate alcohol rehabilitation treatments during his time on active duty. Applicable regulations permit separation by reason of alcohol rehabilitation failure if a servicemember has committed an alcohol related offense punishable under the UMCJ subsequent to alcohol rehabilitation treatment. The Applicant completed Level II treatment in 1988, Level II treatment from 19 890530-19890707, and a Level III refresher course from 19930922-19931014. Despite the Applicant’s rehabilitation, alcohol related misconduct continued by virtue of the Applicant’s alcohol related unauthorized absences on 19940103 and 19940211. Based on this evidence, the Board concluded the Applicant was properly processed and separated by reason of alcohol rehabilitation failure. The Applicant's DD Form 214, Block 28, Narrative Reason for Separation, indicates he was separated for a alcohol rehabilitation failure. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. To change the Narrative Reason Separation would be inappropriate. Relief denied.

There is no law or regulation, which provides that an unfavorable narrative reason for separation may be changed, 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 change of a narrative reason for separation to the extent such matters provide a basis that an impropriety or inequity occurred in the Applicant’s administrative processing. Although the Applicant’s post service achievements have indeed been outstanding, the Applicant has submitted no evidence to indicate that “Alcohol Rehabilitation Failure” is an inappropriate narrative reason for separation. The Board unanimously concluded that despite the Applicant’s post-service achievements, the narrative reason for separation is proper and equitable as issued. Relief denied.

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 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 .

 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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