Search Decisions

Decision Text

NAVY | DRB | 2006_Navy | ND0600149
Original file (ND0600149.rtf) Auto-classification: Denied


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

ex-GMSN, USN
Docket No. ND06-00149

Applicant ’s Request
The application for discharge review was received on 20051103 . 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 20060908 . 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 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 would really like to reenter the service following the completion of my psychology degree. ”
Applicant’s issues, as stated on the Administrative Discharge Questionnaire :

“I want to take this time to reveal my true feelings about this. I was in a bad place in my mind after I quit BUD/s because it was my life long dream. I have come to grips with it and realized my actions were immature and I ended up giving in on my career choice. I believe I have mature d a lot, quit drinking, and will be bringing a college degree to the table to better my career in the service”.
Documentation
In addition to the service and medical record s , the following additional documentation, submitted by the Applicant , was considered:
Applicant ’s administrative discharge questionnaire, undtd
 Applicant ’s DD Form 214
 Applicant ’s DD Form 214 from prior enlistment

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive:         US A (DEP)        19920415 - 19920814       COG
                   USNR (DEP)       19940324 - 19940606      COG
          Active:   USN      19940607 - 19980906       HON
Period of Service Under Review :
Date of Enlistment: 20000229              Date of Discharge: 20030516

Length of Service (years, months, days):

          Active: 0 3 0 2 1 8
         Inactive: None

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

Age at Entry: 26

Years Contracted: 4
Education Level: 12                                 AFQT: 58/62

Highest Rate: G M 3
Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3 .0 ( 3 )                        Behavior: 2.7 ( 3 )                  OTA: 2.76

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Armed Forces Expeditionary Medal; Nation al Defense Service Medal (2); Flag Letter of Commendation; Navy Unit Commendation; Navy and Marine Corps Achievement Medal; Rifle Expert Ribbon; Pistol Expert Ribbon; Sea Service Deployment Ribbon ; Good Conduct Medal; Overseas Service Ribbon(2)


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 :

000218 :  Pre-service waiver for dependents and one non-minor misdemeanor (DUI) granted.
010420:  Retention Warning: Advised of deficiency (Applicant’s arrest on 31 March 2001 for drunk and disorderly conduct and simple assault.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

 021010:  Applicant completed ASAM Level 2.0 Intensive Outpatient Treatment for alcohol abuse. Applicant directed to participate in the prescribed ASAM Level 1.0 aftercare plan.

030113:  NJP for violation of UCMJ, Article 134: (Drunk and disorderly) .
          Specification 1: In that Gunner’s Mast Second Class K_ L. B_( Applicant ), U.S. Navy, U.S. Naval Forces Marianas Support Activity, Guam, on active duty, was, at the U.S. Naval Forces Marianas Support Activity Security Office, Guam, on or about 20 December 2002, drunk and disorderly, which conduct was to the prejudice of good order and discipline.
         Specification 2: In that Gunner’s Mast Second Class K_ L. B_( Applicant ), U.S. Navy, U.S. Naval Forces Marianas Support Activity, Guam, on active duty, was, with Gua m Police Officers, Hagatna, Guam, on or about 20 December 2002, drunk and disorderly, which conduct was of a nature to bring discredit upon the armed forces.
         Award: R estriction for 45 days, reduction to E- 1. (No alcohol consumption.) No indication of appeal in the record.
030123 :  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.

030123 :  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.

030124 :  Commanding Officer, U.S. Naval Forces Marianas Support Activity directed discharge with a general (under honorable conditions) by reason of alcohol rehabilitation failure.

030317:  NJP for violation of UCMJ, Article 92: (Failure to obey a lawful order)
         Specification: In that Gunner’s Mate Third Class K_ L. B_, U.S. Navy, U.S. Naval Forces Marianas Support Activity, Guam, on active duty, having knowledge of a lawful order issued by Commanding Officer, U.S. Naval Forces Marianas Support Activity, Guam, not to drink alcohol while on restriction, an order which it was his duty to obey, did at U.S. Naval Forces Mariana s Support Activity, Guam, on or about 28 January 2003, fail to obey the same by wrongfully consuming alcohol.
         Award: Forfeiture of $912 per month for 2 months (suspended for 6 months), restriction and extra duty for 45 days, reduction to E-3. No indication of appeal in the record.

 030605 :  C ommanding Officer, U.S. Naval Forces Marianas Support Activity notified Commander, Navy Personnel Command of Applicant 's discharge with a general (under honorable conditions) by reason of alcohol rehabilitation failure. Commanding Officer’s comments: I have reviewed the administrative package and determined the documentation warrants GMSN B_( Applicant )’s administrative separation from the Naval Service by reason of Alcohol Rehabilitation Failure.
         GMSN B_( Applicant ) completed ASAM Level 2.0 treatment on 20 September 20002. However, despite completing Level 2.0 treatment, GMSN B_( Applicant ) continued to abuse alcohol.
         I decided to process GMSN B_( Applicant ) using Notification procedures, discharged him with a General (under honorable conditions) characterization of service and assigned at SPD code of HPD for alcohol rehabilitation failure. He was transferred to Transient Personnel Unit, San Diego, CA for separation processing.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20030516 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).

The Applicant states “I want to take this time to reveal my true feelings about this. I was in a bad place in my mind after I quit BUD/s because it was my life long dream. I have come to grips with it and realized my actions were immature”. 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. The Applicant’s service was marred by one retention warning and 2 nonjudicial punishment proceedings on 20030113 and 20030314 for violations of Articles 92 (Failure to obey a lawful order) and 134 (Drunk and disorderly) of the UCMJ. For the edification of the Applicant, violations of UCMJ Article 92 are considered serious offenses for which a punitive discharge is authorized by a special or general courts-martial. 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.

The Applicant states “I believe I have matured a lot, quit drinking, and will be bringing a college degree to the table to better my career in the service”. The following is provided for the edification of the Applicant. 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. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, 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 any post-service documentation for the Board to consider. 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 additional evidence related to this 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

Similar Decisions

  • NAVY | DRB | 2006_Navy | ND0600584

    Original file (ND0600584.rtf) Auto-classification: Denied

    *Third set of Performance and Behavior marks extracted from supporting documents submitted by the Applicant (page 1 only) Character, Narrative Reason, and Authority of Discharge (at time of issuance):UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: MILPERSMAN, Article 1910-140 (formerly 3630600). Pt stated that he has had suicidal thoughts since a kid but denied any plans or attempts. When the service of a member of the U.S. Navy has been honest and faithful, it is...

  • NAVY | DRB | 2005_Navy | ND0500530

    Original file (ND0500530.rtf) Auto-classification: Denied

    Commanding Officer’s comments: Member met the criteria for separation under the provisions of MILPERSMAN 1910-152, Separation by Reasons of Alcohol Abuse Rehabilitation Failure. The record further reveals that the Applicant completed Level I CAAC alcohol rehabilitation treatment on 20000302 for serious alcohol incidents including showing up late to watch with alcohol on his breath and an arrest for public lewdness and public intoxication. The names, and votes of the members of the Board...

  • NAVY | DRB | 2005_Navy | ND0501220

    Original file (ND0501220.rtf) Auto-classification: Denied

    Based on patient report and review of DAPA records, patient had numerous ETOH related incidents. 030115: Applicant notified of intended recommendation for discharge by reason of Alcohol Abuse Rehabilitation Failure. 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

  • NAVY | DRB | 2007_Navy | ND0700496

    Original file (ND0700496.rtf) Auto-classification: Denied

    Applicant contends that his discharge was inequitable due to inconsistencies in documentation of his alcohol dependency.The service records that the Board reviewed indicate the following: 1) The Applicant went to NJP 20041014 for drunk and disorderly conduct in Guam and damage to government property, 2) completed Alcohol Impact 20041104, 3) was diagnosed as alcohol dependent by a psychologist 20050222, 4) went to NJP on 20050224 for drunk and disorderlyconduct and assault on a commissioned...

  • NAVY | DRB | 2005_Navy | ND0501102

    Original file (ND0501102.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. The Applicant contends that he never received the recommended alcohol treatment as stated on his Chronological Record of Medical Care, Standard Form 600 (USNH Yokosuka Alcohol and drug screening report dtd 09 Jul 01). 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.

  • NAVY | DRB | 2006_Navy | ND0600838

    Original file (ND0600838.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. ), notified of corrective actions and assistance available.960910: Counseling: Advised of deficiency (Violation of UCMJ Article 92: Failure to obey a lawful order or regulation. Applicant notified that least favorable characterization of servicepossible was as under other than honorable conditions.Not dated: Applicant advised of rights and having consulted with...

  • NAVY | DRB | 2005_Navy | ND0500903

    Original file (ND0500903.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. My total time overseas was 2 years 10 months so it wasn’t as if I hadn’t been serving any time. 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).

  • NAVY | DRB | 2006_Navy | ND0600091

    Original file (ND0600091.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable or general (under honorable conditions). Naval Forces Marianas directed the Applicant's discharge under other than honorable conditions by reason of misconduct drug abuse. Regarding the Applicant's request for an upgrade to obtain benefits, the Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board.

  • NAVY | DRB | 2005_Navy | ND0500473

    Original file (ND0500473.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. PART I - APPLICANT’S ISSUES AND DOCUMENTATION The evidence of record indicates that the Applicant received a Page 13 counseling/retention warning on 20030606.

  • USMC | DRB | 2005_Marine | MD0500884

    Original file (MD0500884.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. )“I was discharged from the Marine Corps for continued underage drinking. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.