Search Decisions

Decision Text

NAVY | DRB | 2013_Navy | ND1301625
Original file (ND1301625.rtf) Auto-classification: Denied

ex-GM3, USN
Current Discharge and Applicant’s Request
Application Received: 20130708
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)        20070404 - 20070821     Active:  

Period of Service Under Review:
Date of Current Enlistment: 20070822     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20101124      Highest Rank/Rate: GM3
Length of Service: Y ear( s ) M onth( s ) 03 D a y ( s )
 Education Level:        AFQT: 86
Evaluation M arks:         Performance: 3.0 ( 2 )      Behavior: 2.3 ( 3 )        OTA: 3.00

Awards and Decorations ( per DD 214):

Periods of UA /C ONF :

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:           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 :        

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 .



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

Applicant’s Issues

 1.        The Applicant contends she did not receive proper alcohol rehabilitation treatment or mentoring .

Decision

Date : 20 1 4 0227             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 . T he Board did complete a thorough review of the circumstances that led to discharge and the discharge process to ensure discharge met the pertinent standards of equity and propriety. The Applicant’s record of service included a failure to complete Level III inpatient S ubstance A buse R ehabilitation P rogram (SARP). Based on the Applicant’s alcohol rehabilitation failure, command administratively processed for separation. When notified of administrative separation processing using the procedure, the Applicant waived rights to consult with a qualified counsel, and to submit a written statement . The Applicant was not entitled to an administrative board.

: (Decisional) ( ) . The Applicant contends she did not receive proper alcohol rehabilitation treatment or mentoring. The Applicant’s record shows that she self-referred to a Navy psychiatrist early in her enlistment for depression and substance abuse (cough medicine). The Applicant was diagnosed with A djustment D isorder with depression and prescribed Prozac. In Aug ust 2009, the Applicant was sent to Level III SARP but was discharged prior to completion for violation of privacy rules. However, she was not processed for separation by her command and transferred to a new command. The Applicant again referred to mental health for continued treatment for depression and stress. She was diagnosed by a clinical psychiatrist with Axis I: Adjustment D isorder with mixed anxiety and depressed mood and Axis II: Borderline traits. The evaluation revealed past hallucinogen dependence , however, the psychiatrist noted early full remission and recorded that “there was no evidence of abuse or dependence at present.” The command determined to assign the Applicant to Level III SARP for a second time , because she had not completed her first SARP assignment a year earlier , even though she was found to be in full remission. The Applicant reported to SARP but had an “emotional meltdown” and requested to go back to her command , where she was discharged for Alcohol Rehabilitation Failure . After a careful review of the Applicant’s record, medical history, and statements, the NDRB determined the Applicant most likely was not a rehabilitation failure , because she had successfully abstained from substance abuse since her first SARP treatment. Also, the Applicant had no misconduct or other significant negative aspects of service to warrant a General discharge. Therefore, the NDRB voted to upgrade her discharge to Honorable and change her N arrative R eason for Separation to Secretarial Authority. Relief granted.

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 change to SECRETARIAL AUTHORITY . 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.


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 | 2015_Navy | ND1401702

    Original file (ND1401702.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. She was being processed for NJP for three offenses at the same time that the command was also processing her administrative separation for Alcohol Rehabilitation Failure (ARF). ” 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...

  • 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...

  • NAVY | DRB | 2014_Navy | ND1400162

    Original file (ND1400162.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 | 2015_Navy | ND1401639

    Original file (ND1401639.rtf) Auto-classification: Denied

    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 shall remain ALCOHOL REHABILITATION FAILURE. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the...

  • NAVY | DRB | 2012_Navy | ND1201387

    Original file (ND1201387.rtf) Auto-classification: Denied

    ” 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 enhancing reenlistment opportunities. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.

  • NAVY | DRB | 2011_Navy | ND1102123

    Original file (ND1102123.rtf) Auto-classification: Denied

    Since the NDRB did not have the Applicant’s administrative separation package documentation available for review, it could not determine whether the Applicant exercised or waived her rights to consult with a qualified counsel, submit a written statement, and request a General Court-Martial Convening Authority review.The Applicant was separated from the Navy on 12 September 2008 with a General (Under Honorable Conditions) discharge due to Personality Disorder. ” Additional Reviews : After a...

  • NAVY | DRB | 2011_Navy | ND1100613

    Original file (ND1100613.rtf) Auto-classification: Denied

    Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)20061020 - 20061106Active: Period of Service Under Review: Date of Current Enlistment: 20061107Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20091228Highest Rank/Rate:AT3Length of Service:Years Month22 DaysEducation Level:AFQT: 98EvaluationMarks:Performance:3.3(4)Behavior:2.8(4)OTA: 3.21Awards and Decorations (per DD 214):NDSM GWOTSM...

  • USMC | DRB | 2006_Marine | MD0600255

    Original file (MD0600255.rtf) Auto-classification: Denied

    and pt. Naval Hospital, Okinawa, M. W_: S: Pt (Applicant) seen in follow up denying any further suicidal/homicidal ideation or depressive symptoms since last appointment. In the Applicant’s issue that the narrative reason for discharge should be depression instead of personality disorder, the Board found that the Applicant was diagnosed with " Personality Disorder Not Otherwise Specified with Passive/Aggressive Traits " by competent medical authority at the Psychiatric Clinic, U. S. Naval...

  • 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. ”...

  • NAVY | DRB | 2014_Navy | ND1400517

    Original file (ND1400517.rtf) Auto-classification: Denied

    The Naval Discharge Review Board, however, included a member who is a physician, clinical psychologist, or psychiatrist due to the claim of PTSD from MST.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...