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NAVY | DRB | 2007_Navy | ND0700080

Original file (ND0700080.rtf) Auto-classification: Denied

FOR
ex-SR, USN
ND07-00080

Current Discharge and Applicant’s Request:

Application Received:                               20 061026
         Characterization of Service:              ENTRY LEVEL SEPARATION
         Reason for Discharge :                      ALCOHOL REHABILITATION FAILURE
         Discharge Authority :                       MILPERSMAN 1910-152
         Duty Assignment/ Command at Discharge:    naval hospital corps glakes

Applicant’s Request:
         Characterization change :
         Narrative Reason change :
         Review Requested:
         Representation:
         Issues (as summarized by NDRB):          1. Alcohol rehabilitation failure is a false statement
                                                      2. Counselor tricked the Applicant into accepting the discharge.


Decision:

By a vote of the Characterization shall .
By a vote of the Reason for Discharge shall CONDITION, NOT A DISABILITY .

Date of Decision:                                            20 070830
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:

Discussion

Decisional Issues:

Issue 1 ( ): After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an impropriety in the narrative reason assigned at the time of discharge . To be administratively discharged via MILPERSMAN 1910-152 (alcohol rehabilitation failure) a member must first attend a n intensive alcohol treatment program and subsequently be involved in a serious alcohol incident. The record contained the Applicant’s diagnosis of being alcohol dependent and recommendation for his attendance at an intensive alcohol rehabilitation treatment program. However, there is neither documentation nor evidence to lead the board to believe that the Applicant in fact ever attended the treatment program or subsequently violated his aftercare treatment plan. Therefore, the Applicant does not meet the criteria for alcohol rehabilitation failure.

The Applicant was simultaneously and properly processed for separation by reason of convenience of the government –physical or mental conditions . The Applicant was properly diagnosed by competent medical authority with a sleep walking disorder and meets the criteria for being administratively separated in accordance with the Naval Military Personnel Manual Article 1910-120 . The Board determined that a narrative reason change is warranted based on the improper narrative reason assigned at the time of discharge .

For the information of the Applicant, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation characterization of service. Unless there were unusual circumstances regarding a servicemember’s performance or conduct that would merit an honorable characterization, an uncharacterized discharge is generally considered the most appropriate characterization of a member’s service. The Applicant's service record did not contain any unusual circumstances during his five months of service in t he U. S. Navy to warrant a change of discharge to honorable.

The Applicant should also be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) discharge.

Summary of Service:

Prior Service:
Inactive: USNR (DEP)                                19990417 - 19990504
Active:

Period of Service Under Review :
Date of Enlistment:                                 19990505
Years Contracted :                                   ; Extension:
Date of Discharge:                                  19991014
Length of Service
         Active:                                     00 Yrs 05 Mths 10 D ys ( d oes not exclude lost time)
         Time Lost During This Period:

Education Level:
Age at this Enlistment:
AFQT:                                                 42
Highest Rate/Rank:                                   SR

Performance Evaluation Averages (number of marks):
                                                      Performance : N/A Behavior : N/A OTA : N/A

Awards and Decorations (as listed on the DD Form 214): NONE

Service Record Entries Related to Characterization of Service or Reason for Discharge

19990827:        Applicant self-referred for an emergency mental health evaluation in response to his exacerbating depression.
         Diagnosis: Depressive disorder ; Sleepwalking disorder ; Alcohol dependence.
         Recommendations: Administrative separation for the sleepwalking condition. RTC for weekly Mental Health Support Group. Decrease alcohol consumption markedly prior to RTC. Refer to DAPA.

19990830:        Applicant to Alcohol Rehabilitation Department from Command DAPA.
         Applicant is currently awaiting separation from the Navy due to a sleepwalking disorder. Applicant referred for evaluation after being diagnosed by Mental Health as alcohol dependent.
         Impression: Applicant met seven of seven criteria for alcohol dependence.
         Recommendation: Intensive outpatient treatment.

19990914:        Retention Warning: No further information found in service record. [Extracted from Commanding Officer’s letter dated 19990916.]

19990916:        Commanding Officer, Naval Hospital Corps School informed Commander Nav y Personnel Command of the Applicant’s discharge by reason of alcohol abuse rehabilitation failure and convenience of the government –physical or mental conditions with a service characterization of entry level separation.

Elements of Discharge: [INVOLUNTARY]

Date Notified :    NOT FOUND IN RECORD
Reason for Discharge
Least Favorable Characterization Authorized :

Date Applicant R esponded to N otification:        NOT FOUND IN RECORD
Rights E lected at N otification :
Consult with Counsel
Obtain Copies of Documents
Submit Statement(s) (date)
Administrative Board
GCMCA Review

Commanding Officer R ecommendation (date):
Separation Authority (date):      COMMANDING OFFICER, NAVAL HOSPITAL CORPS SCHOOL ( 19990916 )
Reason for discharge directed : and CONVENIENCE OF THE GOVERNMENT - PHYSICAL OR MENTAL CONDITIONS
Characterization directed:       ENTRY LEVEL SEPARATION
Date Applicant Discharged:       19991014

Additional Documents Submitted by Applicant and Considered By Board

Total Number of Pages:                               13

Related to Period of Service Under Review :
         From Service and/or Medical Record :                Other Records :

Related to Other Period (s) of Service:
         From Service and/or Medical Record:               Other Records:

Related to Post-Service Period:
         Employment:                                           Finances:
         Health/Medical Records:                            Substance Abuse:
         Family/Personal Status:                            Education:
        Community Service Efforts:                         References:
         Criminal Records:

Other:
         Additional Statements From Applicant :             From Representative:
        Other Documentation (Describe)

Pertinent Regulation/Law

A. Navy Military Personnel Manual, (NAVPERS 15560C), Change 25, effective 16 September 1999 - 26 March 2000, Article 1910-152, SEPARATION BY REASON OF ALCOHOL ABUSE REHABILITATION.

B . Naval Military Personnel Manual, (NAVPERS 15560C), Change 24, effective 20 May 99 until 27 Aug 01, Article 1910-120 (formerly 3620200), SEPARATION BY REASON OF CONVENIENCE OF THE GOVERNMENT - PHYSICAL OR MENTAL CONDITIONS.

C . 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, provi ded 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 grante d 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 | 2007_Navy | ND0700080

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