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NAVY | DRB | 2006_Navy | ND0600334
Original file (ND0600334.rtf) Auto-classification: Denied


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

ex-MM2, USN
Docket No. ND06-00334

Applicant ’s Request
The application for discharge review was received on 20051223 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable . The Applicant requests a personal appearance discharge review before a traveling panel closest to Philadelphia, PA. The Applicant designated the American Legion as the representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington, D.C. at the Washington Navy Yard. The NDRB also advised that the Board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20061102 . 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:
“ Subject discharge is inequitable due to the following:
(1) I developed an alcohol problem, for which I received treatment
(2) I served honorably for over (3) years
(3) During one treatment program I was released due to the fact that subj program was designed for more severe cases.
(4) I enrolled in an anger mgmt program per recommendation of the alcohol treatment program manager.
(5) During my voluntary attendance at anger mgmt, I received a 10 day notice from my command stating that I was to be discharged. Subsequently I was unable to complete subj program.
(6) I strongly feel that if I were granted sufficient time to complete treatment, I would have continued to serve honorably for the duration of my enlistment.
 (7) Based on the facts listed above, I was not granted a fair & equitable opportunity to honorable complete my obligated service time, of which I fully intended. ”
Documentation
In addition to the service and medical record s , the following additional documentation, submitted by the Applicant , was considered:
Two pages from Applicant ’s service record
 Applicant ’s DD Form 214 (Member 1)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20020108 - 20020122       COG
         Active: None

Period of Service Under Review :
Date of Enlistment: 20020123              Date of Discharge: 20050307

Length of Service (years, months, days):

          Active: 0 3 0 1 15
          Inactive: None
Time Lost During This Period (days):
         Unauthorized absence: None
         Confinement:              None

Age at Entry: 1 9

Years Contracted: 4 ( 20 -month extension)

Education Level: 12                                 AFQT: 76

Highest Rate: MM2

Final Enlisted Performance Evaluation Averages : Enlisted performance reports were available to the Board for review.
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Navy “E” Ribbon; National Defen se Service Medal, Good Conduct 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 :

020108 :  Pre-service waiver for two Chart C granted.
020123 :  Applicant briefed on Navy's policy of drug and alcohol abuse.
050204:  Applicant was admitted to TRISARF on 27 Jan 2005 (for suicidal ideation, depression and Alcohol Abuse) and Discharged on 4 Feb 2005 after it was determined by his treatment team that a lower level of care would be more appropriate for his needs. Diagnosed with:
Axis I: Alcohol Abuse and Nicotine Dependence.
Axis II: No diagnosed
Axis III: none
Axis IV: Occupational Problems and Problems with primary support
group. Applicant was made aware that he will need support upon return to his duty station and staff has encouraged him to seek out local AA group ASAP. Recommendation: Abstain from use of Alcohol and all non-prescribed mood altering drugs. Attend out patient treatment for Alcohol Abuse at his base SARP. Attend outpatient treatment for depression and other mental health related issues at his base mental health office.

050208 :  Applicant received a m edical evaluation at Makalapa Branch Medical Clinic, Pearl Harbor, HI by K_ A. H_, Capt, MC, USN
         The patient ( Applicant ) is a 22-year-old single Caucasian male referred following his discharge from inpatient care at Tripler AMC Psychiatry.
         Chief complaint: “I’m feeling okay.”
          Presenting issues: The patient quit TRISARF after about one week, his last day having been last Friday. He feels the program is “too intense” and he does not have a problem with alcohol. He states that he had one, but no w (two weeks later) he longer does. He has been disqualified from undersea duty and therefore assigned to X-Division, so he is off the boat - a primary source of distress. He feels the Lexapro may be helping some, but he has persistent nausea and therefore requests a medication change. Since he reports trouble with sleep onset and continuity, we will try Paxil. I have directed him to go to SARP for follow-up care since he quit TRISARF.
          Substance Use: Alcohol: ½ fifth daily x at least four months. Scheduled for SARP and TRISARF.
          AXIS I: Alcohol dependence
         Major depressive disorder, moderate, single, predating worsening alcohol usage.
          AXIS II: No diagnosis.
         AXIS III: No diagnosis.
         AXIS IV: Routine military life.
         AXIS V (current): 51-60 moderate symptoms, occ panic attacks, etc
         AXIS V (highest): 61-70 some mild symptoms.
          Safety A ssessment: The patient is responsible for all actions and is currently deemed at low risk of harm to self or others. The patient has committed to seek help should active suicidal/homicidal ideation develop, or should his condition otherwise deteriorate.
        
050216:  Applicant reported to SARP for treatment with AW1 C_, a Navy Drug and Alcohol Counselor.

 050217:  Commanding Officer, J. P. P_, LT, MSC, USNR at Naval Health Clinic, Pearl Harbor, HI ltr to Commanding Officer, Naval Submarine Support Command reports Applicants disclosures during the appointment with Navy Drug and Alcohol Counselor were severely guarded and minimized. He claims Applicant does not desire to continue participating in treatment. He is not amenable to any further treatment. The member is returned to command for any administrative proceedings due to no desire to continue participating in treatment.
050225:  Applicant notified of disqualification for duty in submarine prior to administrative separation due to alcohol rehabilitation failure.

 050225 :  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.

050225 :  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.

050225 :  Commanding Officer, Naval Submarine Support Command, Pearl Harbor, HI, granted the Applicant 's discharge with a general (under honorable conditions) by reason of alcohol rehabilitation failure.

050228:  Applicant found medically qualified for separation.


050309 :  Commanding Officer, Naval Submarine Support Command, Pearl Harbor, HI, forwarded the administrative discharge package to CNPC. C ommanding Officer’s comments: “MM2 B_( Applicant ) i s being processed for alcohol rehabilitation failure. This type of behavior does not align with the Navy’s core values and cannot be tolerated. I recommend that MM2 B_ be separated from the U.S. Navy with a General under Honorable conditions discharge. ”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20050307 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 conten d s, had he been granted sufficient time to complete treatment, he would have continued to serve honorably for the duration of his enlistment. The record s show the Applicant was directed to seek outpatient treatment for his alcohol problem. It was reported , on 20050217, by a competent medical authority that the Applicant was not amenable to further treatment and did not desire to participate in outpatient treatment . The Applicant contends that his problems in the Navy can be attributed to his "overindulgence in alcohol." While he may feel that his abuse of alcohol was the underlying cause of his misconduct, the record clearly reflects his willful misconduct by refusing directed medical treatment and demonstrated he was unfit for further service. The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

The Applicant claims he was not granted a fair and equitable opportunity to honorably complete his obligated service time. The NDRB recognizes that serving in the U.S. Navy is challenging. Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country. It must be noted that most members of the Navy serve honorably and therefore earn their honorable discharges. In fairness to those members of the Navy, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due. The NDRB found that the Applicant's service was equitably characterized. 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 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 .

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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