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NAVY | DRB | 2006_Navy | ND0601115

Original file (ND0601115.rtf) Auto-classification: Denied

ex-IT3, USN
ND06-01115

Current Discharge and Applicant’s Request :

Application Received:                               20 060828
Characterization of Service:
Reason for Separation:
Discharge Authority :                                MILPERSMAN 1910-152
Last Duty Assignment/ Command at Discharge:       navoceanprofac dam neck va beach va

Applicant’s Request:
         Characterization change to:
         Narrative Reason change to:
         Review Requested:
Representation:
         Issues (as summarized by NDRB):          1. Desire to re-enlist
                                                      2. Post-service conduct.


Decision:

Date of Decision:                                            20 070719
Location of Board:                                  Washington D.C.
Complete Service Record:
Complete Medical Record:
Complete Discharge Package:

Regarding propriety, the Board found the discharge:
Regarding equity, the Board found the discharge:

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall .

Summary of Service :

Prior Service:
Inactive: USNR (DEP)                                19941108 - 19950822
Active: USN                                           19950823 - 19990802
Period of Service Under Review :
Date of Enlistment:                                 19990823
Years Contracted :
Date of Discharge:                                  20021024
Length of Service:                                  03 Yrs 02 Mos 02 Days ( does not exclude lost time, if any )
Time Lost During This Period:                      2 DAYS: Days UA: 2 Days Confinement:

Education Level:
Age at this Enlistment:
AFQT:                                                 51
Highest Rate/Rank:                                   IT2

Performance Evaluation Averages (number of marks):
                  Performance : 2.7 (3)      Behavior : 2.3 (3)                  OTA : 2.62

Awards and Decorations (as listed on the DD Form 214): MERITORIOUS UNIT COMMENDATION, NAVY "E" RIBBON, FIRST GOOD CONDUCT AWARD FOR PERIOD ENDING 98AUG24, NATIONAL DEFENSE SERVICE MEDAL (2), ARMED FORCES EXPEDITIONARY MEDAL, SEA SERVICE DEPLOYMENT RIBBON (2), ARMED FORCES SERVICE MEDAL, NATO MEDAL

Service Record Entries Related to Characterization of Service or Narrative Reason for Separation

20010226 :        NJP for violation(s) of UCMJ, Article 134 : Drunkenness - incapacitation for duties
         Award: Forfeiture of $ 692. 00 for 2 month, restriction and extra duty for 30 days, reduction to E- 3 . Restriction and extra duty for 8 day and reduction suspended for 22 days.
         No indication of appeal in the record.

20020318:        Applicant enters Level II alcohol rehabilitation treatment at ARD, Norfolk.
         [Extracted from Preliminary Inquiry dated 20020529.]

20020413:        Applicant completes Level II treatment.
         [Extracted from Preliminary Inquiry dated 20020529.]

20020605:        Applicant to unauthorized absence at 2145.

20020607:        Applicant from unauthorized at 2145 (2 days/surrendered).

20020723 :        NJP for violation(s) of UCMJ: Article 86 (5 specifications). Unauthorized absence on 20020518 , 20020520 , 20020521 , 20020603 and 20050602 through 20020606.
         Award: Forfeiture of $ 876. 00 for 1 month , restriction / extra duty for 30 days , reduction to E- 4, oral reprimand.
         No indic ation of appeal in the record.

Medical Record Entries Related to Characterization of Service or Narrative Reason for Separation

20020724:        Applicant admitted to Naval Medical Center, Portsmouth due to suicidal ideations in the context of disciplinary actions at command, relapse alcohol use and a death in his family.
         [Extracted from Discharge Form dated 20020731.]

20020731:        Applicant released from Naval Medical Center, Portsmouth.
         Course of Hospitalization: stabilized rapidly on the ward and denied suicidal and homicidal ideations/AVH/mood symptoms or withdrawal symptoms following admission. He did not experience withdrawal symptoms or require pharmacotherapy. He did not display evidence of a major mood, anxiety or psychiatric discord. He has received full benefit of stay and is ready for discharge.
         Diagnosis:
         Alcohol dependence. Borderline traits. Phase of life problems. Bereavement. Dyslipidemia.
         Instructions:
         … advised to abstain from alcohol or substance abuse.
         …r ecommend attend structured aftercare program through ARD to be coordinated by command DAPA.
         … Recommend attend 3-5 AA meetings weekly and obtain a sponsor.
         …M ay obtain individu al or group counseling via FFSC …
         …given information on SAA groups and can access via internet.
         [Extracted from Discharge Form dated 20020731.]

Elements of Discharge: [ IN VOLUNTARY]

Discharge Process :                                  NOTIFICATION PROCEDURE
Date Notified :                                        20020924
Reason for Discharge                                 ALCOHOL REHABILITATION FAILURE
Least Favorable Characterization:

Date Applicant R esponded to N otification:                 20020927
Rights E lected at N otification :
Consult with Counsel
Administrative Board                       *
Obtain Copies
Submit Statement(s) (date)
GCMCA Review

Separation Authority (date):      CO, NAVAL OCEAN PROCESSING FAC, DAM NECK ( 20021007 )
         R eason directed :
         Characterization directed:
Date Applicant Discharged:                         20021024

*Applicant entitled to administrative discharge board because he had 6 or more years of active service.

Additional Information Considered by Board

Type of d ocumentation submitted by t he Applicant and considered by the Board

        Document Type                                        #Pages
Related to Period of Service Under Review :
         Service/Medical Record :                            117
         Other Period of Service:                                    0
Related to Post-Service Period:
         Community Service :                                   1
         Education :                                           0
         Employment :                                          0
         Health /Medical :                                     0
         Character Statements:                               2
         Criminal Records Checks:                                    0
         Additional Statements from Applicant:             0
Other Documentation      (Describe Below)                 1

Total Number of Pages:                            121

D escription of Other Documentation: Ltr from Records Department, Seabrook House

Applicant’s Issues as Summarized by the Board:

1. Desire to re-enlist
2. Post-service conduct.

Issue(s) 1: either which the Board cannot form the basis of relief for the Applicant, or the Board does not have the authority to grant the relief for which the Applicant petitioned. The Applicant is directed to the Addendum regarding .

Decisional Issues:

Issue 2 ( ). 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 2 nonjudicial punishment proceedings for violations of Articles 86 and 134 of the UCMJ. Many of the repeated Article 86 violations were failing to attend alcohol rehabilitation aftercare treatment meetings. 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 or inequity 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 the service. The NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. The Board commends the Applicant for his post-service efforts at sobriety; however, 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. Relief is not warranted on this issue .

In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Medical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge proper and equitable.

Minority Opinion

Pertinent Regulation/Law

A. Navy Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 August 2002 until
25 January 2004, 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 II , Para 211, Regularity of Government Affairs , Part V, Para 502, Propriety and Para 503, Equity .

ADDENDUM: Information for the Applicant

Complaint Procedures : 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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction. You should read Enclosure (5) of the Instruction 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 Instruction 1332.28 and other Decisional Documents by going online at “ http://Boards.law.af.mil . ”

Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the 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. If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

Service Benefits: 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.

Employment/Educational Opportunities : 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 of the propriety and equity of the discharge.

Reenlistment/RE-code: Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. 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.

Medical Conditions and Misconduct : DoD disability regulations do not preclude a disciplinary separation. Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons. Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended. The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct, the medical board report is filed in the member’s terminated health record. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD.” Only the Board for Correction of Naval Records can grant this type of narrative reason change.

Automatic Upgrades - 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 may 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.

Issues Concerning Bad-Conduct Discharges (BCD ) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief. With respect to a discharge adjudged by a court-martial, the action of the NDRB is restricted to upgrades based on clemency. Clemency is an act of leniency that reduces the severity of the punishment imposed.

Board Membership: 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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NAVY | DRB | 2006_Navy | ND0601115

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