ex-PNSN, USN
                                 ND07-00810

                  Current Discharge and Applicant’s Request

Application Received:  20070531   Characterization Received:
Narrative Reason:  ALCOHOL ABUSE  -  REHABILITATION  FAILURE      Authority:
MILPERSMAN 3630550

Applicant’s Request:   Characterization change to:
                 Narrative Reason change to:
Applicant’s Issues:    1. Reenlistment opportunities
                 2. Discharge was inequitable and improper because of the
assigned Reenlistment code.
                 3. Post service

                                  Decision

By a vote of  the Characterization shall  .
By a vote of  the Narrative Reason shall  ALCOHOL REHABILITATION FAILURE.

Date:  20071213        Location:  Washington D.C    Representation:

                                 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 2: ().  The Applicant contends that his discharge was inequitable and
improper because of the assigned Reenlistment Code on his DD 214.  The
Applicant was diagnosed by competent medical authority as being alcohol
dependant and was recommended Level III treatment for his dependency.  The
Applicant refused alcohol rehabilitation treatment and was not attending
prescribed Alcohol Anonymous meetings.  Upon refusal, his Commanding
Officer initiated administrative separation proceedings to involuntarily
separate the Applicant due to Alcohol Rehabilitation failure.  The
Commanding Officer concluded that the Applicant had no further potential
for service.  The Applicant refused his second opportunity to attend
alcohol rehabilitation treatment prior to separating or after separation at
a VA facility.

When a Sailor’s service has been honest and faithful, it is appropriate to
characterize that service under honorable conditions.  An under honorable
conditions (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 conduct during
the current period of service, which forms the primary basis for
determining the character of his service was marred by two retention
warnings and two nonjudicial punishments (NJP) for violations of the
Uniform Code of Military Justice (UCMJ), Article 86 (Unauthorized absence)
and Article 134 (Drunkenness).  An upgrade to honorable would be
inappropriate.

Issue 3: ().  There is no law or regulation, which provides that an
unfavorable discharge, may be upgraded based solely on the passage of time.
 Normally, to permit relief, a procedural impropriety or inequity must have
been found to have existed during the period of enlistment in question.
Outstanding post-service conduct, 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, is considered.  The
Applicant provided no documentation of post-service accomplishments.  The
Applicant could have produced evidence of continuing educational pursuits,
a verifiable employment record, documentation of community service, and
certification of non-involvement with civil authorities.  Absent any
documentation provided by the Applicant for the Board to consider, the
Board determined that the Applicant’s service record did not mitigate the
misconduct that resulted in the characterization of discharge.   An upgrade
would be inappropriate.

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, Medical and Service Record Entries, Discharge Process
and evidence submitted by the Applicant, the Board found that

                             Summary of Service
Prior Service:
Inactive: USNR (DEP)   19900629 - 19901203         Active:
Period of Service Under Review:
Date of Enlistment: 19901204 Years Contracted:           Date of Discharge:
 19920721
Length of Service:  01  Yrs  07  Mths  18  Dys     Lost Time:  Days UA:
Days Confined:
Education Level:       Age at Enlistment:    AFQT:  77   Highest Rank/Rate:
 PNSN
Evaluation marks (# of occasions):      Performance:  3.6(2)  Behavior:
3.5(2)       OTA:  3.70
Awards and Decorations (per DD 214):  NDSM, SASM, SSDR

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

19920305:   NJP -- Viol UCMJ Art. 86 - Absence from unit (2 hours, 35
           minutes).
      Awarded - Restr for (7 days); Extra duties (15 days).  Restr for 2
           days suspended for 6 months.

19920312:   Retention Warning for your inability to conform to Navy
           standards as evidenced by your Captain’s Mast for absence from
           unit, organization, or place of duty, which are prejudice
           against good order and discipline.

19920603:   Medical Record:  Reason for visit:  Evaluation for alcohol
           dependency.
      Diagnosis:  Meets criteria for alcohol dependence.
      Recommendation:  Level III treatment.

19920604:   CAAC evaluated applicant and found applicant to be alcohol
           dependent.  Referred to Level III ARC/ARD program for alcohol.
           Applicant to attend 3 command monitored AA meetings per week
           while awaiting treatment.  Applicant referred to medical officer
           for alcohol dependency evaluation.

19920610:   Vacate restriction awarded at NJP dated 19920305.

19920610:   NJP -- Viol UCMJ Art. 134 - Drunkenness.
      Awarded - FOP ($300.00) for (1 month); RIR (E-1); Restr for (20
           days); Extra duties (20 days).  RIR suspended for 6 months.

19920617:   Retention Warning for your inability to conform to Navy
           standards as evidenced by your Captain’s Mast for violation of
           UCMJ Article 134: Drunkenness, to the prejudice against good
           order and discipline.

19920622:   Applicant refused to participate in Level III treatment and has
           not been attending AA meetings.

19920707    Applicant declined alcohol treatment prior to separation or
           treatment at a VA facility after separation.

                              Discharge Process

Date Notified:                          19920701
Reason for Discharge:
Least Favorable Characterization:

Date Applicant Responded to Notification:          19920702
Rights Elected at Notification:
      Consult with Counsel
      Obtain Copies of Documents
      Submit Statement(s) (date)
      Administrative Board
      GCMCA review

Commanding Officer Recommendation (date):     (19920708)
Separation Authority (date): BUPERS (19920802)
              Reason for discharge directed:
              Characterization directed:
Date Applicant Discharged:   19920721
      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.  The Naval Military Personnel Manual, (NAVPERS 15560C, effective 15
August 1991 - 2 March 1993), Article 3630550, SEPARATION OF ENLISTED
PERSONNEL BY REASON OF ALCOHOL ABUSE REHABILITATION 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, 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