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NAVY | DRB | 2005_Navy | ND0501217
Original file (ND0501217.rtf) Auto-classification: Denied


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

ex-TMSA, USN
Docket No. ND05-01217

Applicant’s Request
The application for discharge review was received on 20050712. The Applicant requested that a documentary discharge review board change his characterization of service, received at the time of discharge to honorable. The Applicant did not designate a representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20060302. 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


 Applicant’s issues, as stated on the application:

“My discharge was improper, because after successfully completing CAAC, my discharge was based upon CAAC failure, stating there was 12 month after care program of which I was not previously informed. My discharge reads “Alcohol Rehab Failure.”
Documentation
The Applicant did not provide documentation for the Board’s consideration. Therefore, only the service and medical records were reviewed.


PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19990115 - 19990602      COG
          Active: None

 Period of Service Under Review :
Date of Enlistment: 19990603             Date of Discharge: 20030917

 Length of Service (years, months, days):

         Active: 04 03 15
         Inactive: None

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

 Age at Entry: 18

 Years Contracted: 4

 Education Level: 12                                 AFQT: 61

 Highest Rate: TM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.0 (5)              Behavior: 2.4 (5)                 OTA: 2.93 (5)

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal, Battle “E” 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 :

020106:  USS LAKE ERIE (CG 70) medical: Competency for duty examination. Assessment: Alcohol abuse, CAAC referral.

020126:  NJP. No further information found in service record. [Extracted from NAVPERS 1070/604, Awards.]

020717:  Evaluation Report, Block 43; “CO’s NJP for violation of Article 134. Displayed numerous instances of poor judgment while on liberty.”

021001:  Violation of UCMJ, Article 134 (drunk and disorderly).

021004:  NJP for violations of UCMJ, Article 128 (assualt, strike SA J_ on the head with a beer bottle) and Article 134 (drunk and disorderly).
         Award: Forfeiture of $734.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-3. No indication of appeal in the record.

021023:  Counseling and Assistance Center, Naval Medical Clinic, Pearl Harbor, HI: Due to having met criteria for a provision diagnosis of Substance/Alcohol Dependence, patient is scheduled for a psychosocial and treatment placement assessment.

030411:  Substance Abuse Rehabilitation Program, Naval Medical Clinic, Pearl Harbor, HI.
Diagnosis: Alcohol dependence.
Treatment recommendation: Outpatient.
030523:  Completed outpatient alcohol treatment program at Substance Abuse Rehabilitation Program.

030905:  NJP for violations of the UCMJ, Article 111 (physically operating a vehicle while intoxicated) and Article 134 (dereliction of duty due to overindulgence in intoxicating liquor).
         Award: Forfeiture of $682.50 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.

030917:  DD Form 214: Applicant discharged with a characterization of service as general (under honorable conditions) by reason of alcohol rehabilitation failure, authority: MILPERSMAN, Article 1910-152.

Service Record did not contain the Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20030917 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. T he Applicant’s service was marred by three nonjudicial punishments for violations of UCMJ, Article 111 (drunk driving), Article 128 (assault), and Article 134 (drunk and disorderly and overindulgence in intoxicating liquor) . The evidence of record clearly documents the Applicant’s blatant disregard for authority and does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Separations under these conditions generally result in an under other than honorable conditions characterization of service. The Board could discern no impropriety or inequity. Relief denied.

The Applicant contends that his discharge was improper because he had no knowledge of the 12-month aftercare program, which he believes is the basis for his discharge. MILPERSMAN 1910-152 defines a treatment failure as any alcohol related incident following treatment in an alcohol rehabilitation program. Reference (A) also dictates that all treatment failures shall be processed for separation. In the Applicant’s case, the record clearly documents his treatment failure (alcohol related incident) following the completion of outpatient alcohol rehabilitation. This validates the “alcohol rehabilitation failure” for which he was separated. The Board could discern no impropriety or inequity and therefore considered the discharge proper and equitable. Separations under these conditions generally result in a less than honorable characterization of service. Relief denied.

In the absence of a complete discharge package 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 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), re-issued October 2002, effective 22 Aug 2002 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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