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NAVY | DRB | 2006_Navy | ND0600058
Original file (ND0600058.rtf) Auto-classification: Denied


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

ex-HN, USN
Docket No. ND06-00058

Applicant’s Request
The application for discharge review was received on 20051004. 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 20060721. After a thorough review of the 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 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:

“I R_ R. S_(Applicant) respectfully request a re-evaluation of my discharge from a general under honorable conditions to an honorable discharge. I know I was not the perfect sailor during my career but did extremely well until the end of my enlistment due to an extremely difficult divorce. I did receive NJP for article 92 the year prior to discharge in which I received a 30/30 and a suspended reduction in rate. This was the time my marriage started to fail and I had a hard time focusing on my priorities. Alcohol was the wrong alternative to cope, but it was what I turned to. I entered level 3 alcohol rehabilitation in Norfolk after a second comp for duty exam showing a positive B.A.C. I spent 5 weeks versus the standard 4. I had a hard time with the councilors and the way they tried to support my problem. Regardless I was released and then separated 3 months early from active service with a General under Honorable Conditions. During my time in the Navy I received a Good Conduct medal, and several letters of commendation from an 0-7 or above for volunteer work in the community. I have since my release earned my associates degree from a local community college with a GPA of 2.5, and maintained a great career with a national retail chain. I would like to finish my degree and move onto a more promising career with this company. I, however, need to be able to utilize my Montgomery GI Bill that I participated in, to be able to finish my B.A. in Human Resource Management. I am now 20 percent disabled and it is difficult for me to work full time and also attend school. And as you can see I don’t have the intellect to secure very many scholarships. Any help that you can give me would be greatly appreciated. Believe me, after 6 years, I wish I could have returned to active duty as a corpsman. I miss my career in the US Navy.
Respectfully,
R_ R. S_(Applicant)”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
 Applicant’s DD Form 214
Copy of Diploma (Associates Degree) from Tallahassee Community College, dtd August 2004
Performance and Development Summary (Employment Evaluation) for period ending December 24, 2004 (2pgs)
Performance and Development Summary (Employment Evaluation) for period ending July 29, 2005 (2pgs)
Letter from Dept of Veterans’ Affairs Division of Veterans’ Benefits and Assistance dtd May 11, 2000
Letter of Appreciation dtd July 9, 1998
Letter of Commendation dtd October 19, 1998

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19940531 – 19941101               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19941102             Date of Discharge: 19990805

 Length of Service (years, months, days):

         Active: 04 09 04
         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: 10 (GED)                                   AFQT: 71

 Highest Rate: HN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NA*                  Behavior: NA*    OTA: NA*

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense, Good Conduct.
* Not Available


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 :

980602:  NJP for violation of UCMJ, Article 92: Dereliction in the performance of duties.
         Award: Reduction to pay grade E-2 (suspended for 6 months), restriction to Naval Medical Center, Portsmouth, VA for 30 days and extra duty for 30 days. No indication of appeal in the record.

980813:  Recommendation for advancement to HM3 withdrawn due to adverse evaluation report from 980116 to 980X15. [Date unreadable]

990712:  Commander, Naval Medical Center, Portsmouth, directed the Officer-in-Charge, Personnel Support Activity Detachment, Portsmouth, to discharge Applicant with a general (under honorable conditions) by reason of alcohol rehabilitation failure and commission of a serious offense.

990810:  Commander, Naval Medical Center, Portsmouth, forwarded the administrative discharge package to CNPC.


Service Record contains a partial Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19990805 by reason of alcohol rehabilitation failure with a service characterization of general (under honorable conditions) (A and B). After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D). The Board presumed regularity in the conduct of governmental affairs (E).

 The government enjoys a presumption of regularity in the conduct of its affairs. The Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue. In the Applicant’s case, in the absence of a complete discharge package and without credible and substantial evidence to refute the Board’s presumption, the Board evoked the presumption of regularity. Specifically, the Board presumed that the Applicant met the criteria for discharge by reason of alcohol rehabilitation failure, was properly notified of his Commanding Officer’s intention to administratively separate him and that he was afforded all rights which he elected at notification.

 The Applicant contends that he “was not the perfect sailor... but did extremely well until the end of [his] enlistment.” The Applicant further contends that he received a good conduct medal and letters of commendation for volunteer efforts. 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 a violation of Article 92 of the UCMJ. The Applicant’s violation of Article 92 of the UCMJ is the commission of a serious offense. Additionally, the Applicant reveals in his issue to the Board that his second competency for duty evaluation resulted in a “positive B.A.C.” 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.

 Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. 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. With respect to post-service factors, the Applicant included employment evaluations and certification of educational achievements. Examples of additional documentation that should be provided to the Board include documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided sufficient post-service documentation for the Board to consider. 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), Change 18, effective
12 Dec 97 until Present, Article 1910-152 (formerly Article 3630550), SEPARATION BY REASON OF ALCOHOL ABUSE REHABILITATION.

B. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 92, failure to obey order/regulation.

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .

 E. 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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