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NAVY | DRB | 2011_Navy | ND1100971

Original file (ND1100971.rtf) Auto-classification: Denied

ex-ABF2, USN

Current Discharge and Applicant’s Request

Application Received: 20110303

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)        20020730 - 20030717     Active: 20030718 - 20081007 HON

Period of Service Under Review:
Date of Current Enlistment: 20081008     Age at Enlistment: 22
Period of E nlistment : Years Extension
Date of Discharge: 20100721      Highest Rank/Rate: ABF2
Length of Service: Y ear M onth s 14 D ays
Education Level:        AFQT: 43
Evaluation M arks:         Performance: 3.5 ( 2 )      Behavior: 2.0 ( 2 )        OTA: 2.95
Awards and Decorations ( per DD 214):      GCM (2) NDSM GWOTSM GWOTEM SSDR BATTLE “ E” NMCAM

Periods of UA /C ONF :

NJP : NONE        S CM : NONE                SPCM: NONE       C C : NONE

Retention Warning Counseling:

- 20081223 :      For failure to meet body composition assessment standard.

Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative errors on the original DD Form 214:

         Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, should read: “ MERITORIOUS UNIT COMMENDATION, GOOD CONDUCT MEDAL (2) , BATTLE “E” RIBBON, SEA SERVICE DEPLOYMENT RIBBON (2), GLOBAL WAR ON TERRORISM SERVICE MEDAL, GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL, NAVY AND MARINE CORPS ACHIEVEMENT MEDAL ”
         “ ALCOHOL REHABILITATION FAILURE ”

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:                  Other Documentation:
                  Additional Statements:
         From Applicant:          From/To Representation:          From/To Congress member:

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

Applicant’s Issues

1.       The Applicant wants his Reentry (RE) code changed.
2 .       The Applicant seeks a change to his N arrative R eason for S eparation to improve employment opportunities.
3 .       The Applicant contends his discharge was inequitable , because he had an independent, court - ordered , civilian professional perform an alcohol chemical dependency assessment on him that disproves his N arrative R eason for S eparation.
4 .       The Applicant contends his performance was outstanding during the time he was determined to be an alcohol rehabilitation failure.
5 .       The Applicant believes his post-service conduct is worthy of consideration for changing the Narrative Reason for Separation .

Decision

Date: 20 1 2 0517             Location: Washington D.C .        R epresentation : 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 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 one NAVPERS 1070/613 (Page 13) warning , but no misconduct resulting in non - judicial punishment or court-martia l . The Applicant was administratively processed for separation after he was discharged from the Substance Abuse Rehabilitation Program (SARP) due to his relapse, lack of participation, and consistent refusal to attend the required T welve S tep P rogram meetings . When notified of administrative separation processing using the administrative board procedure, the Applicant exercised his rights to consult with a qualified counsel and request an administrative board . He waived his right to submit a written statement . T he a dministrative board unanimously determined that the preponderance of the evidence supported separation due to Alcohol Rehabilitation Failure and recommended that his service be characterized as General (Under Honorable Conditions). The S eparation A uthority disagreed with the board’s recommendation for the characterization of service and directed that it be characterized as Honorable.

: (Non - decisional) The Applicant wants his Reentry code changed. The NDRB has no authority to change an RE code for service members discharged due to Alcohol Rehabilitation Failure. Only the Board for Correction of Naval Records can make changes to RE codes .

: (Non-decisional) The Applicant seeks a change to his N arrative R eason for S eparation for employment opportunities. The NDRB has no authority to change a N arrative R eason for S eparation to enhance employment opportunities. R egulations limit the B oard ’ s review to a determination of the propriety and equity of the discharge.

: (Decisional) ( ) . The Applicant contends his discharge was inequitable , because he had an independent, court ordered , civilian professional perform an alcohol chemical dependency assessment on him that he believes disproves his N arrative R eason for S eparation. According to documentation found in the Applicant’s service record, he was referred to SARP and subsequently discharged due to his relapse in using alcohol, lack of participation in the program, and consistent refusal to attend the required Twelve Step meetings . Regardless of whether he now believe s he was not an abuser of alcohol or dependent , the NDRB is convinced that he understood t hat he was required to complete the requirements of the program or face the consequences if he failed to comply. The Applicant did fail to comply with the requirements of the program , which constitute d grounds for administrative processing for separation. An administrative separation board unanimously determined that the preponderance of the evidence supported separation due to SARP failure. The NDRB determined that the Applicant’s post-service assessment has no bearing on the requirement for the Applicant to participate in alcohol rehabilitation while in the Navy. Relief denied.

Issue 4: (Decisional) ( ) . The Applicant contends his performance was outstanding during the time he was determined to be an alcohol rehabilitation failure. According to documentation found in the Applicant’s service record, he was referred to SARP and subsequently discharged due to his relapse in using alcohol, lack of participation in the program, and consistent refusal to attend the required Twelve Step meetings . His non-compliance with the requirements of the program constituted failure of the program . His failure of the program was the only reason he was being considered for administrative separation. An administrative separation board unanimously determined that the preponderance of the evidence supported separation due to SARP failure. The b oard recommended that his service be characterized as General (Under Honorable Conditions). However, the S eparation A uthority determined that an Honorable discharge was warranted. The NDRB is convinced that the Separation Authority reviewed the Applicant’s total record of service as well as the board proceedings and found reason to go against the board ’ s recommendation on the characterization of service , but found no grounds for separation to be more appropriate than Alcohol Rehabilitation F ailure. The NDRB determined that no other reason for separation more accurately describes why the Applicant was discharged from the Navy. Relief denied.

Issue 5: (Decisional) ( ) . The Applicant believes his post-service conduct is worthy of consideration for changing his Narrative Reason for Separation . He provided a letter of completion from Mid-Atlantic Maritime. The NDRB is authorized to consider post-service factors in changing the characterization of a discharge. However, it does not consider post-service conduct as justification to change a Narrative Reason for Separation that accurately describes why the Applicant was discharged from the Navy. The NDRB discerned no impropriety or inequity in the discharge process and determined that the assigned Narrative Reason for Separation accurately describe s why the Applicant was discharged. Therefore, a change based on post-service conduct would be inappropriate. 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 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. The Applicant is directed to the Addendum for additional information.

Pertinent Regulation/Law

A. Navy Military Personnel Manual, (NAVPERS 15560C), Change 29, 23 November 2009 until Present, Article 1910-152, SEPARATION BY REASON OF ALCOHOL ABUSE REHABILITATION FAILURE OR MULTIPLE DRIVING UNDER THE INFLUENCE (DUI) / DRIVING WHILE INTOXICATED (DWIs).

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), 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490 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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NAVY | DRB | 2011_Navy | ND1100971

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