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NAVY | DRB | 2005_Navy | ND0501220
Original file (ND0501220.rtf) Auto-classification: Denied


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

ex-PNSN, USN
Docket No. ND05-01220

Applicant’s Request
The application for discharge review was received on 20050712. 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.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060302. 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 and reason for 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:

“Request Upgrade To Honorable So That I May Apply to Use Montgomery G I Bill For School. I Paid Into The Program, However My Discharge Will Not Allow Me To Use It. Since Being Released, I have Suffered The Effects And Conscequenses For My Actions And Wish to Convey How Deeply Sorry I am.”

 Documentation
Only the service and medical records were reviewed. The Applicant did not provide additional documentation for the Board’s consideration.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USAR            19940608 - 19950825               ELS
         Inactive: USNR (DEP)     19991023 - 19991101                        COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19991102             Date of Discharge: 20030314

 Length of Service (years, months, days):

         Active: 03 04 12
         Inactive: None

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

 Age at Entry: 23

 Years Contracted: 4

 Education Level: 11 (GED)                                   AFQT: 70

 Highest Rate: PNSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.50 (2)             Behavior: 2.00 (2)                OTA: 3.09

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


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 :

000624:  Emergency Care and Treatment: Chief Complaint, head injury, here with facial trauma, LOC at scene, ETOH on breath.
011116:  NJP for violation of UCMJ, Article 128:
         Specification: In that PNSN J_ E. S_ (Applicant), on active duty, USN, USS CUSHING (DD 985), did on or about 0630, 011113, wrongfully strike a Guam Police Officer.
         Violation of UCMJ, Article 134 (3 Specs):
 Specification 1: In that PNSN J_ E. S_ (Applicant), on active duty, USN, USS CUSHING (DD 985), did on or about 0630, 011113, resist apprehension by Guam Police personnel by running away and physically resisting restraint.
Specification 2: In that PNSN J_ E. S_ (Applicant), on active duty, USN, USS CUSHING (DD 985), did on or about 0630, 011113, found to be drunk in public, outside Denny’s Restaurant, Tumon, Guam.
Specification 3: In that PNSN J_ E. S_ (Applicant), on active duty, USN, USS CUSHING (DD 985), did or about 0630, 011113, act in a drunk and disorderly manner, while on liberty in Tumon, Guam, an act which brought discredit upon the armed forces of the United States.
         Award: Forfeiture of $250.00 pay per month for 1 month, restriction and extra duty for 21 days. No indication of appeal in the record.

011127:  Alcohol and Drug Screening Report: Patient is a 26 year old male, single, Caucasian, PNSN/E3/USN, with broken service, years Army reserve and 2 years 1 month Naval service. He reported for the screening interview on time with proper military grooming, He was cooperative and spoke in a calm manner during the interview. Patient was referred by his command because pt. was apprehended for assault, resisting Arrest and Drunk and Disorderly while inport Guam. Pt. Currently denies suicidal, homicidal ideation. Service/Medical record was available at this time. Based on patient report and review of DAPA records, patient had numerous ETOH related incidents. (1) On 05 Jul’00 Pt. Reported being jumped possibility of a robbery victim resulting to 7 stitches on the forehead. (2) On 20 Feb.01 punch by unknown person, causing swelling of the left eye. ETOH involved. (3) 13 Nov. 01 Pt. Went to CO.’s Mast for violation of ART. 128 Assault, Punching a local police officer in Guam. Art. 134, Resisting Arrest and Drunk and disorderly. Pt. does appear to meet DSM IV criteria for Alcohol Abuse. Specifically: (1) Use interferes with Responsibilities. (2) Use interferes with safety. (3) Use causes social/personal problem. Areas of concern: (1 ) TOLERANCE: Pt. reported drinking 8 to 10 drinks when pressured by friends. (2) Loss of control drinking more than intended. (3) Continued drinking despite knowing it causes other problem. Pt. Seem to be very responsible when sober and during duty hours. Recommend ASAM Level 2 Intensive outpatient treatment for Abuse. DAPA call Alcohol Programs for schedules.

020912:  Treatment Intake Note: This 26 year-old single, Caucasian male, PNSN/E-3/USN/AD with 3 years. CAS assigned to USS CUSHING completed his Level 2 Abuse intake interview this date. Service Record reviewed, DAPA papers, discussion with the patient included the Privacy and Confidentiality Forms, Patient and Family Education Needs Assessment Form, Pain-abuse Nutrition Form, Alcohol Self-Assessment and the OQ45.

020916:  Alcohol Treatment Summary: 26 year old male diagnosis of alcohol abuse.
         Treatment program: (1) Group and individual counseling, (2) Psychoeducational workshops, (3) Daily writing and reading assignments, (4) 12 step meetings, (5) Leisure skills training, (6) Relapse prevention.
         Treatment termination: Treatment failure due to: 3 rule violation (30 minutes UA, missing 3 homework assignments)
        
020916:  Applicant’s disenrolled from ASAM LEVEL 2.0 Intensive Outpatient Treatment Program for Alcohol Abuse due to an inability/refusal to participate and cooperate despite repeated counseling and feedback.

030102:  Competence for Duty Exam: Applicant reported for duty after an all night drinking binge. General Appearance: Disheveled. Remarks: Clinically intoxicated but otherwise normal exam.

030108:  NJP for violation of UCMJ, Article 134: Drunk and Disorderly
         Violation of UCMJ, Article 92: Failure to obey order or regulation
         Award: Forfeiture of ½ pay per month for 2 months, restriction and extra duty for 30 days, reduction to E-2. No indication of appeal in the record.
030115:  Applicant notified of intended recommendation for discharge by reason of Alcohol Abuse Rehabilitation Failure. Applicant notified that the least favorable characterization of service possible is general (under honorable conditions).

030115:  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.
030203:  Alcohol Programs Department, USNH Yokosuka, Japan Alcohol and Drug Screening Report:
                   Applicant was referred for alcohol screening due to drunk and disorderly.
 During evaluation Applicant appeared suspicious, cooperative, and anxious.
Assessment: Applicant’s criteria for substance dependence or abuse:
(1) Loss of control – drinking more than intended.
(2) Continued drinking despite knowing it causes/worsens physical/psychological problems.
(3) Use interferes with responsibilities
(4) Use interferes with safety
(5) Use causes legal problems
Plan: ASAM Level 2.0 Intensive Outpatient Treatment for Alcohol Abuse.
DAPA to call and schedule and appointment for treatment.
Medical screen for substance abuse needed.
Screening Note: “Pt J_ S_ (Applicant) is a 26 year old Caucasian male /married/PNSA/E-2/USN with 3 years 3 months CAD assigned to USS Cushing DD-985 homeported at Yokosuka, Japan. Pt reported for screening interview on time with proper military uniform. Pt is being re-screened because of his ARI on 0l Jan 2003, drunk and disorderly and unfit for duty with a BAC of .205. Pt. disclosed that on the night of the incident he remember drinking a glass of white wine and 4 beers (Budweiser 12 oz) but does not remember drinking 6 shots of habusaki and undisclosed amount of beer as related by his shipmate. In addition patient claimed that he also don’t remember coming back to his ship. Patient stated that according to his friends he was pick-up by Shore patrol because he was belligerent and out of control while at the local Bar. Pt. was previously screened and diagnose as ETOH Abuse on 27 Nov 200l, attended Abuse treatment and failed treatment due to rules violation on 26 Sep 2002. Pt. disclosed that his parents and brother has the history of Drug and Alcohol Abuse. Pt. appears to be very concern on his alcohol use, he expresses concern by saying “I don’t want this things to happen again, you’ll never know what’s going to happen next? It could be something serious”. Base on patient interview and reports, he appears to be meeting the criteria for, Alcohol Abuse. Pt. stated that last time he was on Alcohol treatment he thought he knew everything about alcohol and admitted that his self Confidence were the key factor on his failure from treatment. Pt. disclosed that he now understands that he has problems and needed help to understand what were the problem and he can deal with it
Diagnostic Criteria met:
D-III Loss of control, using more than intended - Pt. admitted to drinking more than he intended at least 3X within the last 12 months. D-VII Uses knowing it causes other problems — Pt. disclosed that he had an experience of blackout and still continued to misuse alcohol. A-I Use interferes with responsibilities — Pt. has two incident of unfit for duty. A-Il Use interferes with safety - Pt. disclosed experiencing blackout. A-Ill Use causes legal problems - Pt. went to CO’s Mast 2X within the last 12 months.
Area of concern: D-I Tolerance - Based on patient disclosure, it appears that his tolerance is high.”

030205:  Commanding Officer, USS CUSHING (DD 985), recommended to Commander, Naval Personnel Command that the Applicant be discharged with a general (under honorable conditions) by reason of Convenience of the government-Alcohol Treatment Failure. Commanding Officer’s comments: “Seaman S_ (Applicant) is a very capable sailor, however, he is no longer motivated for further Naval Service.”

030220:  COMNAVPERSCOM , directed the Applicant's discharge with a general (under honorable conditions) by reason of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20030314 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).

Under applicable regulations, separations based on alcohol rehabilitation failure should be honorable unless a general (under honorable conditions) or an entry-level separation is warranted. A general discharge may be warranted if the Applicant’s service contains records of nonjudicial punishments, disciplinary actions, or if other significant negative aspects existed, which outweighed the positive aspects of the member’s period of service. Additionally, a general discharge may be warranted if the Applicant’s performance evaluation averages are not sufficient to merit an honorable discharge. The Applicant’s record contains evidence of NJP on two separate occasions for violations of UCMJ Article 128, assault, Article 134, public drunkenness, drunk and disorderly conduct, and resisting arrest, and Article 92 failure to obey order or regulation. Furthermore, the Applicant was disenrolled from Alcohol Rehabilitation Treatment based upon his own inability or refusal to participate and cooperate in his treatment. 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. Such conduct falls far short of that expected of a member of the U.S. military and does not meet the requirements for an upgrade of his characterization of service. Relief denied.

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 Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of 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 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 .
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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