Search Decisions

Decision Text

NAVY | DRB | 2012_Navy | ND1200534
Original file (ND1200534.rtf) Auto-classification: Denied

ex-DCC, USN
Current Discharge and Applicant’s Request
Application Received: 20120110
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:      
        
Summary of Service

Prior Service:
 Inactive:         US N R (DEP)        1981052 2 - 19810527     Active:   19810528 - 19850528
                                    19850529 - 19901125
                                    19901126 - 19960915    
                                    19960916 - 19980521
Period of Service Under Review:
 Date of Current Enlistment: 199 8 0 522     Age at Enlistment:
Period of E nlistment : 5 Years Extension
Date of Discharge: 19980612      Highest Rank/Rate: DCC
Length of Service: Year(s) Month(s) 22 D ay(s)
 Education Level:        AFQT: 48
Evaluation M arks:         Performance: 2.0 ( 1 )      Behavior: 1.0 ( 1 )        OTA: 1.67

Awards and Decorations ( per DD 214):      Rifle Pistol (2) (2) (2) (6) (4) NEM (2) (2) (6) LOC

Periods of UA /C ONF :

NJP :     S CM :    SPCM:    C C :      Retention Warning Counseling:

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 8 1 052 8 UNTIL 980521 ”
         
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 states that, following his discharge, he was diagnosed with depression, which existed while in service, but was never diagnosed and therefore left untreated by the Navy.
2.       The Applicant contends his post-service conduct warrants consideration for upgrading his discharge.
Decision

Date: 20 1 2 1206             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 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 did not include any NAVPERS 1070/613 (Page 13) warnings, non-judicial punishments, or trials by court-martial for violations of the Uniform Code of Military Justice (UCMJ ). However, his record does indicate that he was involved in a minor traffic violation on 5 June 1998 that led to being charged with Driving While Intoxicated and Driving While License Suspended. Based on the Applicant’s failure of alcohol rehabilitation treatment, his command administratively processed him for separation. When notified of administrative separation processing using the procedure, the Applicant waived rights to consult with a qualified counsel, submit a written statement, and request a n administrative separation board or a General Court-Martial Convening Authority review.

: (Decisional) ( ) . The Applicant states that, following his discharge, he was diagnosed with depression, which existed while in service, but was never diagnosed and therefore left untreated by the Navy . The Applicant states that he turned to alcohol for answers , suggesting that had his depression been diagnosed and treated while in the Navy, he would not have turned to a lcohol abuse . The government enjoys a presumption of regularity in the conduct of its affairs. The Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue. The NDRB found no d ocumentation in his medical record indicating he had ever been diagnosed and treated for depression while in the Navy. However, t he Applicant’s medical record does support his claim that he was diagnosed with Post - t raumatic Stress Disorder and major depression by the VA Medical Center, Charleston, SC following his discharge. This post-service diagnosis by the VA does not overcome the Government’s presumption of regularity in that the actions taken by the Applicant’s command s and Navy medical personnel were appropriate during his service . The NDRB determined he was responsible for his actions while in service. With the civilian, alcohol-related misconduct following multiple alcohol rehabilitation treatments, the NDRB determined his characterization of service in his most current enlistment was equitably assigned as General (Under Honorable Conditions). The Applicant had four previous Honorable periods of enlistment. Therefore, relief based on this issue is not warranted. Relief denied.

: (Decisional) ( ) . The Applicant contends his post-service conduct warrants consideration for upgrading his discharge. The NDRB considers 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. In addition to the Applicant’s DD Form 293, where he states that he works as a Service Officer for Disable d American Veterans, the VA hospital , and the Veterans Center , he provided a copy of a certificate reflecting his certification as a Service Officer for Disabled American Veterans . T o warrant an upgrade, the Applicant’s post-service efforts need to be more encompassing. The Applicant could have provided documentation as detailed in the Post-Service Conduct paragraph in the Addendum with the understanding 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-case basis. After considering the number of opportunities for rehabilitation the Applicant was given and the number of alcohol - related incidents he was involved in, t he Board determined that relief is not warranted. 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 18, effective 12 December 1997 until 15 September 1999, 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 .




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

Similar Decisions

  • 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 | 2011_Navy | ND1100761

    Original file (ND1100761.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant seeks an upgrade to qualify for the G. I. Bill.2. 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...

  • USMC | DRB | 2008_Marine | MD0801909

    Original file (MD0801909.rtf) Auto-classification: Denied

    While PTSD may be a contributing factor for the Applicant’s alcohol dependence, the record does not reflect the Applicant was not responsible for his actions or should not be accountable for his misconduct due to PTSD or TBI.Based on: 1) the Applicant’s willful nondisclosure of his actual marijuana use and history of depression and treatment prior to enlisting, 2) his NJP for underage drinking,3) his drunk driving incidents and continuing alcohol incidents after his second treatment for...

  • NAVY | DRB | 2013_Navy | ND1301433

    Original file (ND1301433.rtf) Auto-classification: Denied

    The Applicant was notified by his command that he was being processed for administrative separation for a Condition, Not a Disability (Adjustment Disorder with depressed mood) and Alcohol Rehabilitation Failure. ” 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...

  • USMC | DRB | 2015_Marine | MD1501218

    Original file (MD1501218.rtf) Auto-classification: Denied

    The NDRB conducted an extensive review of the Applicant’s service and medical records and found significant documentation concerning the Applicant’s substance abuse history and treatment. 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 remain GENERAL (UNDER HONORABLE CONDITIONS) and the narrative reason for separation...

  • NAVY | DRB | 2015_Navy | ND1500585

    Original file (ND1500585.rtf) Auto-classification: Denied

    After an exhaustive review, the NDRB determined that his mental health issues did not mitigate the Applicant’s alcohol rehabilitation failure. 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 remain UNDER HONORABLE CONDITIONS (GENERAL) and the narrative reason for separation shall remain ALCOHOL REHABILITATION FAILURE. ”...

  • NAVY | DRB | 2013_Navy | ND1301625

    Original file (ND1301625.rtf) Auto-classification: Denied

    Representation: 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 | 2013_Navy | ND1300184

    Original file (ND1300184.rtf) Auto-classification: Denied

    Applicant’s Request:Characterization change to:Narrative Reason change to:ERRONEOUS ENTRY Summary of Service Prior Service: Inactive:USNR (DEP)20000124 - 20000424Active: Period of Service Under Review: Date of Current Enlistment: 20000425Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20000602Highest Rank/Rate:ARLength of Service:Year(s)Month(s) 08 Day(s)Education Level:AFQT: 65EvaluationMarks:Performance:N/ABehavior:N/AOTA: N/AAwards and Decorations (per DD...

  • USMC | DRB | 2013_Marine | MD1301269

    Original file (MD1301269.rtf) Auto-classification: Denied

    Based on the Applicant’s alcohol rehabilitation failure, command administratively processed for separation. After considering the Applicant’s record of service in his current enlistment, the Separation Authority determined he met the bases of separation for Alcohol Rehabilitation Failure and Pattern of Misconduct and further determined the primary basis for separation should be Alcohol Rehabilitation Failure with an Under Honorable Conditions (General) characterization of service. ”...

  • USMC | DRB | 2010_Marine | MD1000437

    Original file (MD1000437.rtf) Auto-classification: Denied

    record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain . ” 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 upgrade a discharge for the sole purpose of...