Search Decisions

Decision Text

NAVY | DRB | 2009_Navy | ND0901217
Original file (ND0901217.rtf) Auto-classification: Denied

ex-FC3, USN
Current Discharge and Applicant’s Request
Application Received: 20090406
Characterization of Service Received:
Narrative Reason for Discharge:
Authority for Discharge: MILPERSMAN

Applicant’s Request: Characterization change to:
                  Narrative Reason change to: ALCOHOL REHABILITATION FAILURE

Summary of Service

Prior Service:
Inactive:         US N R (DEP)        20020702 - 20021209     Active:  

Period of Service Under Review:
Date of Current Enlistment: 20021210     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20050415      Highest Rank/Rate: FC3
Length of Service : Y ear ( s ) M onth ( s ) 06 D a y ( s )
Education Level:        AFQT: 87
Evaluation M arks:         Performance: NOB          Behavior: 3.0 ( 1 )        OTA: 3.00

Awards and Decorations ( per DD 214):     

Periods of UA /C ONF :

20050105: Applicant screened in the Substance Abuse Rehabilitation Program and diagnosed as Alcohol Dependent.

20050228: Applicant enrolled in the ASAM Level 2.0 Intensive Outpatient Treatment Program at U.S. Naval Hospital,
         Yokosuka, Japan
20050303: Applicant disenrolled from the program as a treatment failure for being not amenable to treatment. Patient also
failed to complete two of his journal assignments. Patient stated at discharge, “ I couldn’t help but feel frustrated, not only at the fact that I’m not in denial, but also at my misdiagnosis as an alcoholic.”
NJP :

S CM :

SPCM:

C C :

Retention Warning Counseling :










Types of Documents Submitted/reviewed

 Related to Military Service:     
DD 214:                  Service/ 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 /To Representat ion :            From /To Congress m ember :         

Oth er Documentation :   

Pertinent Regulation/Law

 A. Navy Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 August 2002 until 28 April 2005, 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 .



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

Applicant’s Issues

 1. Nondecisional issue . Would like his RE c ode changed so he can reenlistment .
2. Decisional issue . Discharged erroneously.
3. Decisional issue. Requests p ost - service conduct consideration .

Decision

Date : 20 0 9 1119         Location: Washington D.C .        R epresentation :

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

Discussion

 The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharg e if such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of g overnment al affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. The Applicant’s record of service included NAVPERS 1070/613 (Page 13) warnings for being alcohol dependent and refusing treatment. Based on the fact the Applicant disenrolled himself from Level II a lcohol r ehabilitation t reatment , command administratively processed for separation . The NDRB did not have the Applicant’s administrative separation package to determine whether or not the Applicant waived right s to consult with qualified counsel, submit a written statement, or r equest an a dministrative b oard.

: (Nondecisional) The Applicant acknowledges that his earlier problems with alcohol impacted his life negatively. It wasn’t until he lost his job, his family and his home that he accepted his alcoholism. He states the VA medical authorities in Oakland, CA claim he no longer needs rehabilitation, so he would like to reenlist and serve his country again.
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 NDRB 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.
Issue 2 : (Decisional) ( ) . The Applicant contends that he did not believe he was alcohol dependent when he was sent to Level II i ntensive o utpatient alcohol rehabilitation treatment. He claims that he was not guilty of any misconduct related to his alcohol use at the time and was only referred for treatment based on his own admission. While the Applicant may feel he did not have a substance abuse problem, his medical record includes Level II discharge notes dated 3 March 2005 which state: he is alcohol dependent ; would benefit from treatment; was not amendable to treatment; not motivated to maintain an abstinence-based recovery program; does not think he has a problem ; and wants to continue drinking. The Applicant refused treatment and was disenrolled from the rehabilitation program. The command was not required to prove misconduct related to alcohol to process the Applicant for alcohol rehabilitation failure. Aside from his own statement, the Applicant fails to provide any supporting evidence or documentation to dispute the diagnosis that he was alcohol dependent at the time of his discharge . In the Applicant’s DD 293 received 6 April 2009, he acknowledges the diagnosis of dependency was sudden and he was not prepared to accept it at that period of his life. But since then, after losing everything of value in his life due to alcohol, he has accepted his problem and has turned his life around. The Board finds his claim he was improperly discharged without merit.

Issue 3: (Decisional) (Equity) RELIEF NOT WARRANTED. The Applicant states since he has accepted his alcoholism, he has changed his ways. Besides the Applicant's statement on the DD Form 293, he failed to provide any additional documentation and evidence on his behalf to support a post-service conduct review. The Applicant's statements alone, without sufficient documentary evidence, are not enough to form a basis of relief. On page 4, Item 8, in the instructions for completion of DD Form 293, the Applicant is notified to submit evidence "which substantiate or relate directly to your issues in Item 6" (Issues: Why an upgrade or change is requested and justification for the request). Additionally, upon receipt of the Applicant's DD Form 293, the NDRB mails an acceptance letter that includes the Information Concerning Review Procedures , which discusses the submission of additional documents in paragraph 3, Submission of Evidence , and in the last section on page 4, Information Pertaining to a Review Based Upon Post-Service Conduct . The Applicant could have provided documentation such as : letters of personal references and verifiable employment record /letter of recommendation from h is employers; evidence of an alcohol - free life style (completion of rehab/proof he atten ded AA meetings); certification of non-involvement with civil authorities, evidence of financial stability (home ownership/home rental history, credit card payments); documentation of community/church service; a nd if married, a marriage certificate. The Applicant should be aware that 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-c ase basis to determine if post service conduct mitigates the reason for the characterization of discharge.

Summary: After a thorough review of the available evidence, to include the Applicant’s s ummary of s ervice, r ecord e ntries, and d ischarge p rocess, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .

The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of discharge , April 15, 2005 . The Applicant is directed to the Addendum, specifically the paragraphs titled Additional Reviews, Automatic Upgrades, and Post-Service Conduct .]




ADDENDUM: Information for the Applicant

 Complaint Procedures : If you believe 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 : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s 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. There are veterans organizations such as the American Legion and the Association of Service Disable Veterans that are willing to provide guidance to former service members in their efforts to obtain a discharge upgrade. 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 U.S. Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not the NDRB. 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 NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the NDRB’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 BCNR can make changes to reenlistment codes. Additionally, the NDRB 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 is processed subsequently for an administrative involuntary separation or is referred to a court martial for misconduct, the disability evaluation is suspended pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct or for any basis wherein an Other Than Honorable discharge is authorized, 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 BCNR can grant this type of narrative reason change.

 Automatic Upgrades - There is no law or regulation that provides for an unfavorable discharge to be upgraded based solely on the passage of time or good conduct subsequent to leaving naval service.

Post-Service Conduct : The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. 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. Documentation to support a post-service conduct upgrade includes, but is not limited to: a verifiable continuous employment record; marriage and children’s birth certificates (if applicable); character witness statements; 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 companies, or other financial institutions; attendance at or completion of higher education (official transcripts); and documentation of a drug-free lifestyle. 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 in-service misconduct was an aberration and not indicative of the member’s overall character.

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 NDRB 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 | 2010_Navy | ND1002301

    Original file (ND1002301.rtf) Auto-classification: Denied

    Types of Documents Submitted/reviewedRelated to Military Service: DD 214:Service/Medical Record:Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Rehabilitation/Treatment: Criminal Records: Personal Documentation: Community Service: References: Department of VA letter: Other Documentation: Additional Statements:From Applicant: From/To Representation:From/ToCongress member: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD...

  • NAVY | DRB | 2010_Navy | ND1000161

    Original file (ND1000161.rtf) Auto-classification: Denied

    Types of Documents Submitted/reviewedRelated to Military Service: DD 214:Service/Medical Record:Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Rehabilitation/Treatment: Criminal Records: Personal Documentation: Community Service: References: Department of VA letter: Other Documentation: Additional Statements:From Applicant: From/To Representation:From/ToCongress member: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD...

  • NAVY | DRB | 2009_Navy | ND0900382

    Original file (ND0900382.rtf) Auto-classification: Denied

    Types of Documents Submitted/reviewedRelated to Military Service: DD 214: Service/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 Congress member: Other Documentation: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL...

  • NAVY | DRB | 2008_Navy | ND0800741

    Original file (ND0800741.rtf) Auto-classification: Denied

    [Extracted from CO’s message in case file].Applicant incurred DUI/DWI and alcohol related incident after having received Level I treatment that resulted from a previous DUI/DWI. The evidence of post service conduct while commendable did not provide a basis to change the narrative reason.Based on the foregoing evidence, the Board found the Applicant was properly discharged and determined a change in the narrative reason would be inappropriate.After a thorough review of the available...

  • NAVY | DRB | 2012_Navy | ND1200725

    Original file (ND1200725.rtf) Auto-classification: Denied

    After reviewing the separation documentation, the Separation Authority ordered the Applicant to be discharged with a General (Under Honorable Conditions) characterization of service for Misconduct (Serious Offense). ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. Additionally, the NDRB has no authority to...

  • NAVY | DRB | 2011_Navy | ND1101973

    Original file (ND1101973.rtf) Auto-classification: Denied

    Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)20050517 - 20060109Active: Period of Service Under Review: Date of Current Enlistment: 20060110Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20090413Highest Rank/Rate:HM3Length of Service:Year(s)Month(s) 04 Day(s)Education Level:AFQT: 54EvaluationMarks:Performance:4.0(3)Behavior:3.3(3)OTA: 3.66Awards and Decorations (per DD 214):...

  • USMC | DRB | 2009_Marine | MD0901898

    Original file (MD0901898.rtf) Auto-classification: Denied

    Based on the treatment failure, the Applicant’s command administratively processed him for separation. The NDRB determined this issue is without merit, and the narrative reason for separation was appropriate.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .The Applicant...

  • NAVY | DRB | 2011_Navy | ND1101809

    Original file (ND1101809.rtf) Auto-classification: Denied

    Representation: NONE By a vote of the Characterization shall .By a vote of the Narrative Reason shall .Discussion The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted.In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include...

  • NAVY | DRB | 2011_Navy | ND1101571

    Original file (ND1101571.rtf) Auto-classification: Denied

    Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)20000621 - 20000625Active: Period of Service Under Review: Date of Current Enlistment: 20000626Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20031103Highest Rank/Rate:ET3Length of Service:Years Months08 DaysEducation Level:AFQT: NFIREvaluationMarks:Performance:3.3(4)Behavior:2.8(4)OTA: 3.29Awards and Decorations (per DD 214):Rifle EX Pistol...

  • USMC | DRB | 2010_Marine | MD1000839

    Original file (MD1000839.rtf) Auto-classification: Denied

    Additionally, the report noted that the Applicant admitted to having “four (4) alcohol related blackouts, ten (10) incidents of passing out, and ten (10) fights/altercations.” The Applicant was diagnosed as AXIS I: Alcohol Abuse (Suspect Dependence) and recommended for continued abstinence from alcohol and Level II Alcohol Rehabilitation Treatment.In the 28 Oct 1998 Commanding Officer, Marine Corps Base Quantico, endorsement of the Applicant’s administrative separation package, the CO states...