Search Decisions

Decision Text

NAVY | DRB | 2006_Navy | ND0600227
Original file (ND0600227.rtf) Auto-classification: Denied


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

ex-AMAN, USN
Docket No. ND06-00227

Applicant’s Request
The application for discharge review was received on 20051116. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “ALCOHOL REHABILITATION FAILURE.” 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 20061005 . 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 respectfully request that my discharge of a general/under honorable be upgraded to a honorable discharge. due to the fact that the navy was over manded at the time that my waiver was sent from my c.o. to bupers. which was denied due to the over manding according to my x.o. commander r_ vaw-120 Norfolk, van. united states navy and the only reason why I was discharge from the united states navy .”

 Submitted by Applicant subsequent to submission of application:

 “TO WHOM IT MAY CONCERN:

my name is s_ b_ (applicant). i was discharged July 28, 2005,

with a general (under honorable conditions) for failure of

alcohol rehabilitation. I’m asking for my discharge to be

upgraded to an honorable and my re. code, upgraded as well.

I joined the navy for two reasons: the first one was to help

support and defend the united states of America after 9-11

and to give my son my g.i. bill. I have accomplished all of this

except for giving my son my g.i. bill because of the discharge

I received. this is one of the reasons why I’m writing to you

today. at the time I joined I was married with one child. two

weeks before boot camp was over I received divorce papers.

my ex-wife was not willing to share me with my country. I

lost my family for my country. it was a sacrifice I was not

ready to make but made. as my mill arty life moved on the

military became my family. 6 months before my discharge my

girlfriend that gave birth to two of my children died of a

heart attack. I asked my command if I could change my orders

to point magu, California due to hardship. I was denied and

that’s when the drinking that I thought was under control

sparked into abuse of alcohol. the abuse is under control

now. to be on the safe side I called up the v.a. for alcohol

prevention classes. I’m going in for testing march 20, 2006. I’m

now enrolled at Rio Hondo wild land fire academy and I’m on

the dean list. the charges that were put on me that caused

the discharge will be thrown out and charges will be

dropped march 15, 2007, after my 2-year probation and an

alcohol prevention class and anger management class.

please I have lost so much and gave so much to the navy and

my country, I respectfully request, my discharge/ r.e. code

be upgraded.

Respectfully,

[signed] s_ a. b_ (applicant) ”


Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Ltr from Commanding Officer, Carrier Airborne Early Warning Squadron 120, dtd April 19, 2005
Ltr from AMAA S_ A. B_ (Applicant), dtd May 03, 2005
Chronological Record of Medical Care, dtd March 22, 2005
 Drug and Alcohol Abuse Report, dtd July 13, 2004
 Ltr from Commander Naval Medical Center, Substance Abuse Rehabilitation Program (SARP), dtd March 23, 2005
Ltr crom Commanding Officer, Carrier Airborne Early Warning Squadron 120, dtd May 20, 2005 (2 pages)
Ltr from Commander, Airborne Early Warning Wing, U. S. Atlantic Fleet, dtd May 24, 2005
Applicant’s DD Form 214 (Member 4)
Applicant’s DD Form 214 (Member 1)
Ltr from Department of Veterans Affairs, dtd April 03, 2006
Ltr from Department of Veterans Affairs, dtd June 26, 2006

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20020131 - 20020204      COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 20020205             Date of Discharge: 20050728

 Length of Service (years, months, days):

         Active: 03 05 24
         Inactive: None

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

 Age at Entry: 25

 Years Contracted: 4 (12-month extension)

 Education Level: 12                                 AFQT: Unable to locate

Highest Rate: AMAN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.0 (1)     Behavior: 1.0 (1)                 OTA: 2. 5

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal, Global War On Terrorism Service Medal, Navy Pistol Marksmanship 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 :

020129:  Pre-service waiver for physical requirements granted.

020131:  Pre-service waiver for Chart “C” Battery 1 Offense granted.

030305:  NJP for violation of UCMJ, Article 86 (absence without leave) and Article 134 (General Article). Award: Forfeiture of one half months pay for one month, restriction and extra duty for 30 days. No indication of appeal in the record.

040701:  NJP for violation of UCMJ, Article 128: Assault.
         Violation of UCMJ, Article 134: Disorderly conduct, drunkenness.
         Award: Forfeiture of $645.00 pay per month for 2 months, restriction for 30 days. No indication of appeal in the record.

 040713:          Drug and Alcohol Abuse Report: Date of I ncident on 20040602. Incident: Alcohol . Method of identification : Military Police. Results of Screening/Medical evaluation: Not Available. C.O. Recommendation: Retain. Disciplinary Action Taken: NJP [Extracted from documents submitted by the Applicant].
0501XX:  Applicant Attended DAPA class. [Extracted from documents submitted by the Applicant].

 050322:  Applicant Diagnosed by LT J_.S_ R at Naval Medical Center Portsmouth:
 Assessment impressions:
 Axis I: Alcohol Abuse.
Axis II: Deferred.
Axis III: No Diagnosis.
Recommended treatment: Treatment Failure, command needs waiver to retain member. Service member just completed L evel I care. Recommended Applicant be Administratively separated unless a waiver is obtained from COMNAVPERSCOM. Recommend service member be scheduled for continuing Care for a period of six months to a year. [Extracted from documents submitted by the Applicant]

050323:  C ommander Naval Medical Center ltr to Commanding Officer, Carrier Airborne Early Warning Squadron 120 providing Substance abuse Screening Results and Treatment Recommendations ICO
                  Applicant S_ A_ B.
1.       Applicant was screened by a Navy Drug and A lcohol counselor and a
Licensed Independent Practitioner on 22 March 2005
2.       Applicant received substance abuse treatment as a result of previous
Alcohol-related incidents, and as such is a treatment failure IAW
OPNAVINST 5350.4C. He should be processed for administrative
Separation unless a waiver is obtained from COMNAVPERSCOM.

3.       The Applicant just completed Level I treatment and would not benefit
 from further treatment at this time. He was recommended for
Continuing Care to emphasis what he had learned and to work on
managing his life in a more healthy manner.

050419:  Commanding Officer, Carrier Airborne Early Warning Squadron 120 statement to Commander, Navy Personnel Command (CNPC) recommending waiver of Applicant’s separation due to Alcohol rehabilitation failure. CO ’s comments: “ A pplicant S _ A _ B _ ’s professional performance has been satisfactory since he joined the Navy. However, his personal problems with alcohol have overshadowed his efforts. After his first alcohol related incident he was screened and admitted to level I treatment. He completed level I, but was never afforded the opportunity to participate in an after care program. Due to his expected transfer, his after care program was never established after the first incident. He was expected to get a counselor and participate in an after care program upon transfer to his new command onboard Naval Base Ventura County, California. Before Applicant S_ A_ B_ transferred, he was involved in a second alcohol related incident. AMAN B_ needs to receive more aggressive treatment, and a complete continuing care program. With the right support from his command and the Naval service AMAN B_ can succeed. It is my belief that if allowed to stay in the Navy, AMAN B_ will contribute in a positive fashion. I Strongly recommend that AMAN B_ separation due to alcohol rehabilitation failure be waived and that he be retained on active duty. ” [Extracted from documents submitted by the Applicant].
050503:  Applicant’s personal statement requesting Alcohol Failure waiver. Applicant’s comments: “ I realized that I had a problem before I took the Level 1 DAPA class in January of 2005. After Level 1 class I felt that I could control my drinking by only having 1 or 2 beers occasionally. I was taught that this is called drinking in moderation. ” The Applicant claims this method did not work for him. The Applicant states, “ approximately two weeks after the class concluded, I had another alcohol related incident. When I cam e home from a friend’s house where I drank a few beers, I became involved in a physical and verbal altercation with my girlfriend who lives with me. The police responded and I was charged with domestic violence and assault. I was arrested and held in jail for two hours. The command sen t me to a Disciplinary Review Board, Executive Officers Inquiry and CO’s Mast for violation of UCMJ Articles 86 and 112. ” “ I now know that drinking in moderation is not working and that for me abstinence is the best way to overcome my abuse and anger issues. I know that I can overcome this problem through follow up care and my personal commitment to my plan. ” [Extracted from documents submitted by the Applicant].

050520:  Commanding Officer, Carrier Airborne Early Warning Squadron request for waiver from Admin Separation ICO Applicant. [Extracted from documents submitted by the Applicant].

 050524:  Commander, Airborne Early Warning Wing, U.S. Atlantic Fleet Forwarded to C ommander, Naval Air Force, U.S. Atlantic Fleet ,
First Endorsement on CO, VAW-120 letter of 20050520 waiver from Admin istrative Separation processing for Applicant. [Extracted from documents submitted by the Applicant].
050715:  Applicant found p hysically qualified for s eparation.
050728:  DD Form 214: Applicant discharged as General (Under Honorable Conditions) by reason of Alcohol Rehabilitation Failure. Separation authority NPC letter dtd 231000z JUN 05 extracted from DD Form 214 .

Service Record contains a partial Administrative Discharge package.
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 20050728 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 Board presumed regularity in the conduct of governmental affairs (D).

During the document review it was discovered the administrative separation package was incomplete. 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 invoked the presumption of regularity. Specifically, the Board presumed that the Applicant was properly notified of his Commanding Officer’s intent to administratively process the Applicant for separation and that the Applicant was afforded all rights which he elected at notification.

The Applicant claims he was discharged because the Navy was over manned at the time his waiver was sent from his CO to BUPERS. MILPERSMAN 1910-152 states that members may be separated for alcohol rehabilitation failure when they lack potential for continued military service. On 20050322, a competent medical authority determined that the Applicant was an alcohol treatment rehabilitation failure and recommended that the Applicant be administratively separated unless a waiver was granted by COMNAVPERSCOM. Members shall be processed for administrative separation unless a waiver is approved by N AVPERSCOM IAW OPNAVINST 5350.4C . Since N AVPERSCOM denied the waiver that was submitted on behalf of the Applicant, the discharge is considered proper and equitable. Relief denied.

The Applicant states “The abuse is under control now. To be on the safe side I called up the V.A. for Alcohol prevention classes. I’m going in for testing March 20, 2006.” 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 the 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 sufficient post-service documentation for the Board to consider. Relief denied.

The Applicant is request ing his RE code be upgraded. 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. Relief denied.

The applicant claims one of the reasons he joined the Navy was to give his son his G.I. Bill. 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. 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), Change 11, 29 April 2005 until Present, Article 1910-152, 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

Similar Decisions

  • NAVY | DRB | 2006_Navy | ND0600383

    Original file (ND0600383.rtf) Auto-classification: Denied

    ND06-00383 Applicant’s Request The application for discharge review was received on 20060104. I already knew that she was getting tired of being alone and that she could not bare it anymore but there was not much I could do at that point in time because I was not near San Diego to help out, I do remember trying to got a hold of the Duty Office back on base at some point to talk to someone about this but no one was there to answer my phone call. He told me that he was sorry again for what...

  • USMC | DRB | 2006_Marine | MD0600527

    Original file (MD0600527.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). My record of promotions showed I was generally a good service member. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19970521 by reason of misconduct due to drug abuse (A) with a service characterization of under other than honorable conditions.

  • NAVY | DRB | 2006_Navy | ND0600523

    Original file (ND0600523.rtf) Auto-classification: Denied

    ND06-00523 Applicant’s Request The application for discharge review was received on 20060228. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). This member is not drug dependent.

  • 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 | ND0501130

    Original file (ND0501130.rtf) Auto-classification: Denied

    ND05-01130 Applicant’s Request The application for discharge review was received on 20050627. 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. 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.

  • NAVY | DRB | 2004_Navy | ND04-00411

    Original file (ND04-00411.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION (Attached is the completion of Impact class Document 2. You may view DoD Directive 1332.28 and other Decisional Documents by going online at " afls14.jag.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:Naval Council of Personnel Boards Attn: Naval Discharge Review Board 720 Kennon Street SE Rm 309 Washington Navy Yard DC 20374-5023

  • NAVY | DRB | 1999_Navy | ND99-01141

    Original file (ND99-01141.rtf) Auto-classification: Denied

    Pt reports drinking heavily last p.m. His prognosis is guarded provided he adheres to the recommended continuing care plan.Final Diagnosis: AXIS I: Alcohol Dependence with Physiological Dependence Early Full Remission in a Controlled Environment (303.90), Nicotine Dependence (305.10) AXIS II: No Diagnosis (V71.09) AXIS III: No Diagnosis951112: NJP for violation of UCMJ, Article 92: failed to obey a direct order by HM1 R. M_ and HM2 M_ by sleeping on duty while on watch at ER, USS AMERICA at...

  • NAVY | DRB | 2006_Navy | ND0600060

    Original file (ND0600060.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. PART I - APPLICANT’S ISSUES AND DOCUMENTATION After a complete review of the entire record, including the evidence submitted by the Applicant, the Board determined that the discharge was appropriate and that the evidence of post-service conduct was found not to mitigate the conduct which precipitated the discharge.

  • NAVY | DRB | 2006_Navy | ND0600610

    Original file (ND0600610.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Before I do so I would like to request a review of my records of military service, and also changes be made to my DD214. Notified of corrective actions and assistance available, advised of consequences of further deficiencies, issued disciplinary and discharge warning.050119: Durham Police Department, Incident Report: Applicant arrested for Driving intoxicated -...

  • NAVY | DRB | 2005_Navy | ND0501005

    Original file (ND0501005.rtf) Auto-classification: Denied

    I strongly recommend that he be separated from the naval service and his service be characterized as Other Than Honorable”.010809: Commander, Submarine Group 9 The Applicant provided 12 character/job reference letters, 80 pages from his service record and 6 certificates of training earned during his service, as documentation of his post service accomplishments. The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his...