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NAVY | DRB | 2006_Navy | ND0600244
Original file (ND0600244.rtf) Auto-classification: Denied


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

ex-EN3, USN
Docket No. ND06-00244

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 . 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 2006100 6 . 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 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:
“ I except all responsibilities for my own a ction I served 3 years 11 month in the Navy on good terms. I did not get into any trouble why I served , However, the last 2 months I served I got into a bit of trouble, with alcohol which I do not drink at any more. Reason why I want to change reason for discharge is due to, it is very difficult for me to get a de a sent job with what they put on my reason for discharge. Due to I drive truck for a living, respectfully request to change separation to: mention honorable

Thank you,
 [signed]R_ N_ W_(Applicant) ”
Documentation
In addition to the service and medical record s , the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 1 and 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: US MC (DEP)     20000711 - 20000803       ELS
                  USNR (DEP)      20000923 - 20001204      COG
          Active: None

Period of Service Under Review :
Date of Enlistment: 20001205              Date of Discharge: 20041104

Length of Service (years, months, days):

          Active: 0 3 11 00
          Inactive: None

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

Age at Entry: 23

Years Contracted: 4
Education Level: 12                                 AFQT: 42

Highest Rate: EN3

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 Service Medal, Sea Service Deployment Ribbon (2), Armed Forces Expeditionary Medal, Meritorious Unit Commendation Medal, Navy Unit Commendation Ribbon, Navy Good Conduct Medal, Navy Battle E Ribbon

* 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 :

040820:  Emergency Care and Treatment, Na val Medical Center, San Diego. 26 y/o AD male brought in by command for drug use. Pt states he needs help with quitting. Last used cocaine last night. Denies any IV drug use. Last ETOH 0500 today. In questionable trouble with command RE urinalysis last week. No history of seizures but does become tremulous after 24 hours, self medi cates with E T O H. Contracts for safety with no SI/HI. Assessment/Diagnosis: ETOH detox. Substance abuse. Admit to 5 North.
040821:  N aval Medical Center, San Diego, CA : History and Physical Examination with R_ K_, Capt, MC, USN, Staff: Chief Compl aint: Alcoholism. This is a 26-year-old male active duty who has been drinking for approximately 10 years. He described increased alcohol intake over the past month. He went from drinking an approximately 12-pack per day to two to three 12-packs in a 24-hour period. He states over this last month he has started a divorce. He also has been dating an ex-girlfriend and he states this was a stormy relationship and they ended the relationship on the day prior to admission. The patient states his last drink was at 0500 on the morning prior to admission. He states he has never tried to quit but has often been able to be sober while underway on ship. He states that approximately two week s ago he went seven days without alcohol during maneuvers.
         He states he does have some tremors and diaphoresis at the end of the day before he begins drinking again after a 24-hour period. He states that his Senior Chief told him he had noticed some changes in his work ethic and recommended that he get help for his alcoholism. The patient denied any prior seizures due to alcohol withdrawal and he denied any work-related problems or legal problems such as DUI. The patient also described taking drugs for approximately 2-1/2 years now. He states he has taken cocaine and has tried opium within the last month.
          Laboratory Data: Ethanol level was 0.001. Urine drug screen was positive for cocaine.
         Impression: This is a 26-year-old male active duty United States Navy member who presented for detoxification and subsequent alcohol rehab. The patient seems very motivated at this time.
          Plan: We will admit him today and he will complete the required 72 hours of detox and consult with SARD on Monday for admission. The patient is low risk for withdrawal given his ability to go for periods of time without alcohol in the recent past. We will place him on CIWA scores without a base for Ativan. We will give him multivitamin, thiamine and folate. The patient does have noted cocaine use in the past. We will monitor for symptoms of withdrawal. We will plan to start rehab on Monday. CBC, P2 and LFTs are pending at this time.
04082 3 :  Naval Medical Center, San Diego, CA: Narrative Summary by S_ B_, LT, MC, USNR : Admission Date: 040821. Discharge Date: 040823. Admission diagnosis: ET O H detoxification. Discharge Diagnosis: ETOH detoxification. History of Present Illness: 26 year old active duty Navy stationed on USS PEARL HARBOR with history of chronic ETOH abuse brought to NMCSD by command after admitting to ETOH/cocaine abuse to them. He states he increased his ETOH consumption over the past 2-3 weeks due to marital problems and has recently been counseled about lack of work performance, but no legal troubles. He reports his last drink was a t 0500 on 040820 and has began to have mild tremors as well as diaphoresis and palpitations. In the ER, applicant’s vital signs were stable and Applicant was given bolus and transferred to medicine floor.

040823:  Naval Medical Center, San Diego, CA : Narrative Summary Discharge diagnosis: ETOH detoxification. Other Diagnosis: Chronic ETOH abuse and polysubstance abuse.
040825:  Consultation Sheet: Applicant’s command requested Applicant be evaluated for substance abuse as a result of self-referral for alcohol use on 040819. Applicant transferred to Naval Medical Center San Diego for detox. Applicant also reports cocaine use, positive tox screen by NMCSD for cocaine. Chief Complaint: “I need help to stop drinking and using.”
 Last alcohol or substance abuse: 080820 48+ beers, 2-3 hits cocaine. Patient reports heavy daily alcohol use. Patient has a history of 24-48 12oz beers per day for past 3 years and cocaine use 2 -3 times per we e k on and off for past 6 years.
 Applicant evaluated by C_ J. C_, Licensed Clinical Social Worker and J_ Q_, FCC (SW), Addiction Counselor. Diagnosis:
         AXIS I:  ETOH Dependence
                           Nicotine Dependence
                   Rule out dysthimic disorder vs. substance induced mood disorder
                   AXIS II:         Deferred
                  AXIS III:        Denies health problems
 AXIS IV:         Divorce in process/financial problems due to drug/ETOH use.
AXIS V:  GAF 65 (current)
 Recommendations: Substance abuse treatment is indicated. Recommend residential treatment.
0408 30:  Substance Abuse Rehabilitation Program, Point Loma, SARD Health Intake Profile Screening: 26 year old male presents to SARP for treatment of alcohol dependence.

041019 :  NJP . No further information found in service record. [Extracted from NAVPERS 1070/604, Awards.]

041021:  Medical Record entry, NMC, San Diego: Situation: “Patient in clinic today b/c he being discharged with a OTH discharge … ”

041104 :  DD Form 214: Applicant discharged with a general (under honorable conditions) character of service by reason of alcohol rehabilitation failure, authority: MILPERSMAN 1910-152.

Service Record did not contain the Adm inistrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20041104 by reason of alcohol rehabilitation failure (A) with a service characterization of general (under honorable conditions). 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 (B and C). The Board presumed regularity in the conduct of governmental affairs (D).

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 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 met the criteria for discharge by reason of alcohol rehabilitation failure, that he was properly notified of his Commanding Officer’s intent to administratively process the Applicant for separation, that the Applicant was afforded all rights which he elected at notification and that the Applicant’s discharge was directed by proper authority.

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 nonjudicial punishment proceedings. 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. 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 is not warranted.

The NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will change the reason for discharge if such a change is warranted. The Applicant does not deny that he was an alcohol rehabilitation failure. The Applicant's DD Form 214, Block 28, Narrative Reason for Separation, indicates he was separated for a alcohol rehabilitation failure. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. To change the Narrative Reason Separation would be inappropriate. Relief denied.

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. 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 28 April 2005, 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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