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NAVY | DRB | 2007_Navy | ND0700135
Original file (ND0700135.rtf) Auto-classification: Denied
ex-STG3, USN
ND07-00135
Current Discharge and Applicant’s Request
Application Received: 20061113   Characterization Received:
Narrative Reason: ALCOHOL REHABILITATION FAILURE Authority: MILPERSMAN 1910-152

 Applicant’s Request:      Characterization change to:
                           Narrative Reason change : CHANGE
Applicant’s Issues:       1. Reenlistment code.
                           2. Never offered alcohol rehabilitation/was immediately processed for discharge following                                   completion of SARD.
                           3. Post service – no alcohol related incidence since leaving the service, completed alcohol abuse                                   education course.


Decision

 By a vote of the Characterization shall .     
By a vote of the Narrative Reason shall SECRETARIAL AUTHORITY .
Date: 20 070913       Location: Washington D.C. The Board found that


Discussion

 Issue 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 .

Issue s 2 and 3 : 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 an intensive alcohol treatment program and subsequently be involved in a serious alcohol incident or violate his aftercare treatment plan . The record contained the Applicant’s completion of Substance Abuse Rehabilitation and immediate discharge processing. The record appears complete and contained no indication of a subsequent alcohol related incident or violat ion of his aftercare treatment plan. Therefore, the Applicant does not meet the criteria for alcohol rehabilitation failure. Th e board determined that relief is warranted based on an impropriety in the Applicant’s discharge process. The narrative reason for separations shall change to “ SECRETARIAL AUTHORITY ”.


Summary of Service

Prior Service:
 Inactive: US N R (DEP)      20010927 - 20011210     Active:         
Period of Service Under Review:
 Date of Enlistment: 20011211      Years Contracted : ; Extension:          Date of Discharge: 20030611
Length of Service : 01 Yrs 06 Mths 01 D ys                   Lost Time :
Education Level:         Age at Enlistment: 20     AFQT: 73          Highest Rank /Rate : STG3
Evaluation marks (# of occasions):       Performance: 3.0 Behavior: 3.0 OTA: 3.00 (2)
Awards and Decorations ( per DD 214): NATIONAL DEFENSE SERVICE MEDAL


Medical/Service Record Entries Related to Characterization of Service or Basis for Discharge

 20020821 :        CO's NJP - Viol UCMJ Art. 86 – Failed to go to 0700 duty section muster; viol. UCMJ Art. 92 – (2 specs) consuming alcohol while under the age 21 ) ; viol. UCMJ Art. 134 – Incapacitated for the proper performance of his duties . Awarded - FOP ( $450.00 ) for ( 1 month); Restr for ( 14 days); Extra duties ( 14 days) .
2 0020821:        Retention Warning: “ You violated Article 86 of the UCMJ, you failed to go to your appointed place of duty which was duty section muster at 0700, 20020817. You violated Article 92 of the UCMJ by failing to obey FLEASWTRACENISNT 1700.G dtd 19990127, on or about 16 and 17 August 2002, you consumed alcoholic beverages under the age of 21 and you violated CNETINST 1540.20 dtd 7 Jun 1999 by consuming alcoholic beverages 6 hours prior to your duty day. Additionally, you violated Article 134, you were incapacitated for the proper performance of duty on 20020817 due to overind ulgence of intoxicating liquor ” .

20021201:        Applicant to unauthorized absence.

20021202:        Applicant from unauthorized absence.

 20030318:        CO’s NJP – Violation of UCMJ Art. 92 (2 specifications) – Wrongfully consuming alcoholic beverage in BEQ room and drinking underage. Awarded - FOP ( $ 5 0 0.00) / (1 month); Restr for (14 days); Extra duties (14 days).

20030414:        DUI - .15 BAC

20030516:        SARD Point Loma: Applicant was command referred following a DUI he incurred on 20030414 with a .15 BAC. The Applicant entered treatment with a reported high level of motivation for treatment . The Applicant’s prognosis for continued active duty service without further substance related incidents is considered guarded.
          Recommendations: Meet with command DAPA on a weekly basis, attend 3 AA meeting per week, following any incident of UA, breathalyzer and urinalysis should be conducted , attend a minimum of 32 aftercare group sessions, attend self-help workshops, continued to maintain a daily journal.
20030519:        Applicant completed Intensive Out-Patient Treatment program.

20030602:        Applicant notified of his intended administrative discharge by reason of alcohol abuse rehabilitation failure with the least favorable characterization of service as general under honorable conditions.
20030618:        Commanding Officer, Fleet Anti-Submarine Warfare Training Center reported to Commander, Naval Personnel the Applicant’s discharge by reason of alcohol rehabilitation failure under honorable conditions . CO’s comments, “STG3 P_ (Applicant) refused treatment for alcohol abuse. He has shown a strong pattern for the non-compliance of the Navy’s standards, policies, rules and regulations. He was counseled about his conduct after his first Captain’s Mast and was given the opportunity and support to change his behavior. He was referred for alcohol treatment. He was diagnosed as alcohol dependent. STG3 P_ is not fit for further military service. Therefore, I strongly recommend that he be separated from the Navy and that the characterization of his service be Honorable Conditions. ”


Discharge Process

 Date Notified:                                       20030602
Reason for Discharge:    
        
Least Favorable Characterization:       

Date Applicant Responded to Notification:                  20030602
Rights Elected at Notification:
         Consult with Counsel                      
         Obtain Copies of Documents               
         Submit Statement(s) (date)                        
         Administrative Board                       
         GCMCA review                               

Separation Authority (date):     COMMANDING OFFICER, FLEET ANTI-SUBMARINE WARFARE TRAINING ( 20030605 )
 Reason for discharge directed:  ALCOHOL REHABILITATION FAILURE
Characterization directed:     
Date Applicant Discharged:       20030611


Types of Documents Submitted by Applicant and Considered By Board

 Related to Military Service:      Service and/or Medical Record:            Other Records:

Related to Post-Service Period:         
         Employment:                        Finances:                          Education:               
         Health/Medical Records:                   Substance Abuse:                           Criminal Records:       
         Family/Personal Status:                   Community Service:                References:              
        
Additional Statements From Applicant:    From Representative:
Other Documentation (Describe)      

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 (formerly Article 3630550), SEPARA TION BY REASON OF ALCOHOL R EHABILITATION FAILURE.

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 to the Joint Service Review Activity , OUSD (P&R) PI-LP , The Pentagon , Washington, DC 20301-4000 . 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.
Employmen t / 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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