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NAVY | DRB | 2010_Navy | ND1002301
Original file (ND1002301.rtf) Auto-classification: Denied

ex-MM2, USN
Current Discharge and Applicant’s Request
Application Received: 20100923
Characterization of Service Received:
Narrative Reason for Discharge:
Authority for Discharge: MILPERSMAN

Applicant’s Request:      Characterization change to:      
         Narrative Reason change to:      

Summary of Service

Prior Service:
Inactive:         US N R (DEP)        20020425 - 20020430     Active:   USN 20020501 - 20050916 HON

Period of Service Under Review:
Date of Current Enlistment: 200 5 0 9 1 7     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20070402      Highest Rank/Rate: MM2
Length of Service : Y ear ( s ) M onth ( s ) 17 D a y ( s )
Education Level:        AFQT: 45
Evaluation M arks:         Performance: 3.0 ( 4 )      Behavior: 2.8 ( 4 )        OTA: 3.18

Awards and Decorations ( per DD 214):      Rifle Pistol SDPI ESWS

Periods of UA /C ONF :

NJP :     S CM :    SPCM:    C C :

Retention Warning Counseling :

- 20070123 :       For your failure to successfully complete Alcohol Rehabilitation due to your alcohol dependency.

Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative error(s) on the original DD Form 214:

          “ CONTINUOUS HONORABLE ACTIVE SERVICE FROM 020501 UNTIL 050916 ”

The NDRB will recommend to the Commander, Navy Personnel Command, that the DD 214 be corrected as appropriate.
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:           Rehabilitation/Treatment:                  Criminal Records:       
         Personal Documentation :           Community Service:                References:     
         Department of VA letter:                  Oth er Documentation:    
                  Additional Statements :
          From Applicant:            From /To Representation:            From /To Congress m ember :        


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

Applicant’s Issues

 1.        Applicant seeks a change to reenlistment (RE) code and separation (SPD) code on his DD Form 214.
2.       Applicant contends his discharge was improper/inequitable due to his approximately five years of honorable service and that he was not alcohol dependent.

Decision

Date: 20 1 2 0104             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 identif ied one decisional issue for the Board ’s consideration . T he Board complete d a thorough review of the circumstances that led to his discharge and the discharge process to ensure his discharge met the pertinent standards of equity and propriety. The Applicant’s record of service included one NAVPERS 1070/613 (Page 13) retention warning for failure to successfully complete alcohol rehabilitation treatment (23 Jan 2007). There was no evidence of commanding officer nonjudicial punishment (NJP) or trial by courts-martial. The record revealed that the Applicant referred himself to the command D rug and A lcohol P rogram A dvisor (DAPA) in early Jun 2006 to obtain help for alcohol consumption. The Applicant was subsequently scheduled for a substance abuse program alcohol screening and then a psychiatr ic evaluation (due to odd interpersonal interactions and a history of possible visual hallucinations) on 26 Jun 2006. Upon completion of the evaluation s , the Applicant was determined to be alcohol dependent (with narcissistic traits) and scheduled for substance abuse treatment that commenced on 5 Sep 2006. On 19 Sep 2006, the Applicant was disenrolled from the program for noncompliance with treatment program rules and determined to be an alcohol rehabilitation treatment failure . On 19 Oct 2006, the Applicant’s Commanding Officer submitted a request to the Commander, Navy Personnel Command ( NPC ) for waiver of the mandatory administrative separation processing requirement due to the Applicant’s rehabilitation treatment failure. On 30 Nov 2006, NPC approved the request and directed that the Applicant be retained and given a Page 13 retention warning. On 18 Dec 2006, the Applicant received a second mental health evaluation from the Naval Hospital Medical Center ( Portsmouth , VA) p sychiatrist , which revealed that the Applicant had been experiencing episodic sadness, crying spells, irritability , and increased alcohol use since the death of his brother in a car accident. The Applicant was found fit for full duty, no medication prescribed, and recommended follow-up with the SARP program. The physician also noted the Applicant “presented some depressive symptoms that do not meet full criteria for Major Depressive Disorder…at this time he does not meet criteria for Alcohol Dependence but does meet criteria for Alcohol Abuse in the past. However, has to consider what has happened since past evaluations and amount of info provided by (the Applicant). He also exhibits some narcissistic personality traits that seem to clash with structured environment such as SARP since he did not believe he required such treatment. He requires continued follow-up to see if it is traits or a personality disorder. He also requires therapy in order to deal with brother’s death and issues related to family and wife.”

For undetermined reasons, i n early February 2007, the Applicant was re-enrolled in alcohol rehabilitation treatment (Level III), which he again failed to complete due to noncompliance with treatment program rules. Based on t he second failure of substance abuse treatment, the Applicant’s CO processed him for administrative separation , which is mandatory per the Naval Military Personnel Manual (MILPERSMAN) . When notified of administrative separation processing using the notification procedure on 20 Feb 2007 , the Applicant e lected to e xercise his right to consult with a qualified counsel, submit a written statement, and request a General Court-Martial Convening Authority review. On 15 Apr 2007, the Separation Authority directed that the Applicant be separated with an Honorable discharge due to Alcohol Rehabilitation Failure. The Applicant’s discharge from the Navy was carried out on 2 Apr 2007 as directed.



: (Nondecisional) The Applicant seeks a change to reenlistment (RE) code and separation (SPD) code on his DD Form 2 14. 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. Additionally, the NDRB does not have the authority to change a separation code and/or narrative reason for medical related reasons. Only the B oard for Correction of Naval Records can grant th ese type s of narrative reason change s . Moreover , 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.
: (Decisional) ( ) . The Applicant contends his discharge was improper/inequitable due to his approximately five years of honorable service and that he was not alcohol dependent. After a detailed examination and careful deliberation of all the available evidence within the records, the NDRB found no evidence of impropriety or inequity in the Applicant’s administrative separation due to alcohol rehabilitation failure. The Applicant was twice evaluated/screened by psychiatric physicians and substance abuse counselors, and each time was referred for in-patient alcohol rehabilitation treatment. In both instances, the Applicant failed to fully cooperate/participate in the prescribed treatment program or abide by the established rules, which resulted in disenrollment and an alcohol rehabilitation treatment program failure. Therefore, with no evidence to rebut the presumption of regularity, the Board determined that the Applicant’s administrative separation was proper and equitable, and in accordance with the orders and directives in effect at the time of his separation. The Board found this issue to be without merit and did not provide a basis for which relief could be granted. Relief denied.

Summary: After a thorough review of the available evidence, to include the Applicant’s s ummary of s ervice, r ecord e ntries and the administrative separation 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. The Applicant is directed to the Addendum for additional information.

Pertinent Regulation/Law

 A. Navy Military Personnel Manual, (NAVPERS 15560C), Change 11, 29 April 2005 until 14 May 2008, Article 1910-152, SEPARATION BY REASON OF ALCOHOL 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 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 Disabled American 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 their 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

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