Search Decisions

Decision Text

NAVY | DRB | 2008_Navy | ND0801001
Original file (ND0801001.rtf) Auto-classification: Denied

ex-AA, USN
Current Discharge and Applicant’s Request
Application Received: 20080409
Characterization of Service Received:
Narrative Reason for Discharge:
Authority for Discharge: MILPERSMAN 3630550 (ALCOHOL REHABILITATION FAILURE)

Applicant’s Request: Characterization change to:
                  Narrative Reason change to: CHANGE CODE TO ABLE RE-ENLISTMENT

Summary of Service

Prior Service:
 Inactive: US N R (DEP)      19920427 - 19921013              Active:

Period of Service Under Review:
 Date of Enlistment: 19921014 Pe riod of E nlistment : Years Extension     Date of Discharge: 19931119
Length of Service: Yrs Mths 05 Dys     Education Level:         Age at Enlistment: AFQT: 66 Highest Rank/Rate: AA        Evaluation Marks: Performance: NFIR      Behavior: NFIR   OTA: NFIR
Awards and Decorations ( per DD 214): NDSM

NJPs :    
19930423 : Art icle 92 (Failed to obey a lawful general regulation).
 Art icle 134 (Wrongfully and falsely alter his military identification card).
Awarded - . Susp - .

Retention Warnings: NFIR
.
Types of Documents Submitted/reviewed

 Related to Military Service:      DD 214:          Service and/or Medical Record:            Other Records:
Related to Post-Service Period:  
         Employment:                        Finances:                          Education /Training :     
         Health/Medical Records:           Substance Abuse:                           Criminal Records:       
         Family/Personal Status:           Community Service:                References:              
Additional Statements From Applicant:             From Representat ion :              From Member of Congress:
Other Documentation (Describe)


Pertinent Regulation/Law

 A. Naval Military Personnel Manual, (NAVPERS 15560C), effective 5 March 1993 until 21 July 1994, 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 .

C. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article s 92 and 134.


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
DISCHARGE REVIEW DECISIONAL DOCUMENT

Applicant’s Issues

 1. Reenlistment opportunities.
2. Post service conduct.

Decision

Date: 20080821             Location: Washington D.C         R epresentation : veterans service office

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

 : 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 , s pecifically the paragraph concerning s regarding .

: ( ) . 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. The Applicant’s record of service was marred by 1 non- judicial punishment for violations of the Uniform Code of Military Justice (UCMJ), Articles 92 and 134. Additionally, the Applicant was classified as an Alcohol Rehabilitation Failure and subsequently, in accordance with Navy directives, was administratively discharged.

The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in the civilian life subsequent to leaving the service. Outstanding post-service conduct, 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, is considered during Board reviews . Supporting documentation to help support a post service conduct upgrade includes, but is not limited to: a verifiable continuous employment record; documentation of community or church service; certification of non-involvement with civil authorities; evidence of financial stability or letters of good standing from banks, credit card company’s or other financial institutions; documentation of a drug free lifestyle; and character witness statements. The Applicant should be aware completion of these items alone does not guarantee an upgrade from an unfavorable discharge as each discharge is reviewed by the Board on a case-by-case basis to determine if post-service conduct mitigates the reason for the characterization of discharge.

The Applicant provided personal and character statements in his DD Form-293 stating he has been sober for the past ten years, along with a letter stating completion of alcohol rehabilitation in 1999. The Board commends the Applicant for his success is alcohol rehabilitation and maintaining sobriety for an extended period of time. However, to warrant an upgrade to “Honorable” the Applicant’s post service efforts need to be more encompassing. The Applicant could have produced additional evidence as stated in the above paragraph with the full understanding completion of these items alone does not guarantee an upgrade. The Board determined based on the documentation provided an upgrade would be inappropriate and the characterization of service received, “General (Under Honorable Conditions)”, was an appropriate characterization considering the limited time served, the UCMJ violations involved and the Alcohol Rehabilitation Failure.

After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found



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 or is referred to a court martial 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 other medical related reasons. 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 special 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. The NDRB does not have the jurisdictional authority to review a discharge or dismissal resulting from a general court-martial.

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

Similar Decisions

  • NAVY | DRB | 2007_Navy | ND0700810

    Original file (ND0700810.doc) Auto-classification: Denied

    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:...

  • NAVY | DRB | 2010_Navy | ND1002198

    Original file (ND1002198.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.Applicant seeks a discharge upgrade to obtain G.I. Although the Applicant’s service records are incomplete (missing administrative separation documentation to include: notification of administrative separation and acknowledgment of rights forms, commanding officer comments and endorsement, and the Separation Authority decision letter), the Board completed a thorough review of...

  • NAVY | DRB | 2001_Navy | ND01-01182

    Original file (ND01-01182.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214s (3) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USN 761109 - 791108 RELAD & transfer to USNR USN 800414 - 851113 HON Inactive: USNR (DEP) None USNR 791109 – 800413 REEN USN USNR 860701 - 860914 Period of Service Under Review :Date of Enlistment: 860914 Date of Discharge: 900124 Length...

  • NAVY | DRB | 2008_Navy | ND0800511

    Original file (ND0800511.rtf) Auto-classification: Denied

    Applicant’s Request: Characterization change to: Narrative Reason change: Summary of Service Prior Service: Inactive: USNR (DEP)20010831 - 20011016 Period of Service Under Review: Date of Enlistment: 20011017Period of enlistment: YearsDate of Discharge:20041028Length of Service: Yrs Mths12 DysEducation Level: Age at Enlistment:AFQT: 62Highest Rank/Rate:PCSNEvaluation marks:Performance: NA Behavior:NAOTA: NAAwards and Decorations (per DD 214):,NMCOSR,, and NJP:20040304: Violations of UCMJ...

  • NAVY | DRB | 2008_Navy | ND0801020

    Original file (ND0801020.rtf) Auto-classification: Denied

    Types of Documents Submitted/reviewedRelated to Military Service: DD 214: Service and/or Medical Record: Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Substance Abuse: Criminal Records: Family/Personal Status: Community Service: References: Additional Statements From Applicant: From Representation: From Member of Congress: Other Documentation (Describe): DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE...

  • NAVY | DRB | 2008_Navy | ND0801214

    Original file (ND0801214.rtf) Auto-classification: Denied

    Additionally, the Applicants argument that he was wrongfully discharged nine days prior to his EAOS is also without merit since MILPERSMAN 1910 – 152 allows for separation of a member any time during their career if there is a determination of alcohol treatment failure.Based on a review of the evidence the Board determined an upgrade or change would be inappropriate. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge...

  • NAVY | DRB | 2007_Navy | ND0700636

    Original file (ND0700636.rtf) Auto-classification: Denied

    Discharge Process Date Notified: 20050109Reason for Discharge:- ALCOHOL REHABILITATION FAILURELeast Favorable Characterization: Date Applicant Responded to Notification:20050109 Rights Elected at Notification: Consult with Counsel Obtain Copies of Documents Submit Statement(s) (date) Administrative Board GCMCA review Commanding Officer Recommendation (date): (20050112) Separation Authority (date): COMMANDING OFFICER USS ABRAHAM LINCOLN (20050112)Reason for discharge directed: -ALCOHOL...

  • NAVY | DRB | 2007_Navy | ND0700782

    Original file (ND0700782.rtf) Auto-classification: Denied

    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 the award of one retention warning and one nonjudicial punishments (NJP) for violations of the Uniform Code of Military Justice (UCMJ), Article 92 (Failure to obey order or regulation) and Article 134 (Underage drinking). violation of Article 92 Failure to obey order or regulation and Article 134 Underage drinking.20040527: Medical Record:...

  • NAVY | DRB | 2011_Navy | ND1101346

    Original file (ND1101346.rtf) Auto-classification: Denied

    On 23 April 2003, the Applicant’s command submitted a waiver request for retention of the Applicant in the Navy (in lieu of alcohol rehabilitation treatment failure) to the Commander, Navy Personnel Command (PERSCOM). The Applicant’s command requested he be retained in the Navy and given another chance to complete alcohol rehabilitation and continue his enlistment in the Navy. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal...

  • NAVY | DRB | 2009_Navy | ND0900346

    Original file (ND0900346.rtf) Auto-classification: Denied

    The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character.Besides the Applicant’sstatement on the DD Form 293, he provided several pages from his service and medical records but failed to provide any...