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

ex-EW3, USN
Docket No. ND99-01159

Applicant’s Request

The application for discharge review, received 990826, requested that the characterization of service on the discharge be changed to Honorable.  The applicant requested a documentary record discharge review.  The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000522.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/ALCOHOL REHABILITATION FAILURE, authority: MILPERSMAN, Article 3630550.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

I respectfully ask the reviewing board to take into account the following:

1.  Other then my refusal of treatment, my personal behavior in the Navy was outstanding.

2. This was my first civilian offense.

3.  Since my arrest, I have willfully and voluntarily attended, paid for, and received many forms of counseling and assistance for my "Alcoholism.  I have been sober now for 16 months.

4.  I have no other offenses of my civilian record.

Thank you for your time

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Copy of DD Form 214
Letter of reference from current employer dated July 28, 1999
Letter of reference (personal) dated July 13, 1999
Letter of reference from landlord dated August 4, 1999
Letter of explanation dated July 28, 1999

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:   None
	Inactive: USNR (DEP)	930903 - 940103	COG

Period of Service Under Review:

Date of Enlistment:  940104		Date of Discharge:  970729

Length of Service (years, months, days):

	Active:    03  06  26
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 (24 month extension)

Education Level:  12			AFQT:  84

Highest Rate:  EW3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF			Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, GCM, AFEM, SSDR, NER

Days of Unauthorized Absence:  None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/ALCOHOL REHABILITATION FAILURE, authority:  MILPERSMAN, Article 3630550.

Chronological Listing of Significant Service Events:

960205:	Medical entry: A: Depressive disorder - suicide gesture.  P: Referred to NAVHOSP Pysch department for further eval.

960207:	Applicant admitted to Ward 3E for psychiatric care.

960212:	Applicant discharged from psychiatric care to full duty in care of parent command.  Discharge diagnosis: 1 Observation for suspected mental condition, 2 Alcohol dependence, 3 Avoidant traits.  Special Instructions: Level III, alcohol rehabilitation center, abstain from alcohol, attend 5 AA meetings per week.

960808:	Medical entry: A: Adjustment disorder with depressed mood.  R/O major depressive disorder with suicidal and homicidal ideation but no intent and able to contract convincingly for safety.  P: Agrees to contract medical representative if feelings increase or increasing suicidal or homicidal ideation.  Discussed with command DAPA - no ARC bed available prior to deployment.  Command is hopeful pt will ______ his mind and accept Level III.  Discussed with XO.

960815:	Medical entry: S: Pt present for re-eval after an intoxicating event last PM.  Pt went out on liberty & within 1 1/2 hours pt was completely intoxicated.  + multiple episodes of emesis.  Pt was brought back to the ship and placed on 1 to 1 watch.  Pt aware of the consequences of his actions.  Pt is apologetic for getting that drunk but does not think he has a drinking problem.  Pt denies suicidal or homicidal ideation.  A: Adjustment disorder with depressed/anxious mood.  Alcohol dependence with new alcohol related incident.  Pt denies problem and refusing ARC.  P: Pt contracts convincingly for safety.  Pt to talk with command DAPA, CSO and XO.  Command still hopeful pt will change mind and accept Level III.  Pt liberty to be suspended.
  
960817:	Medical entry: A: 1) Adjustment disorder with Depressed/Anxious mood.  2) Alcohol dependency.  P: Pt contracts convincingly for safety.  Pt on Bravo restriction per command.  Pt to attend ARC - bed being found.  Pt to get psych eval when arrive at Naples in 10/14 days.

960904:	Staff Psychiatry - MHU Eval: Referred after multiple etoh related incidents with medical evals including hand injury.  Considerable denial of alcohol problem.  Has poor insight.  Denies SI, HI or plan.  Major stresses in separation and naval work life.  DX: I: Alcohol dependence; Occupational problem.  II: Narcissitic/PA traits.  III: Adjustment disorder MDEC.  Reco:  I:  Avoidant R/O personality disorder.  Legally responsible for actions and to be held accountable.

970729:	DD Form 214: Applicant discharged with General (under Honorable conditions) by reason of alcohol abuse rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970729 with a General (under Honorable conditions) due to alcohol rehabilitation failure (A).  The Board presumed regularity in the conduct of governmental affairs (B).  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

In the applicant’s issue 1, the Board determined this issue is without merit.  The applicant claims that his personal behavior in the Navy was outstanding, other than his refusal of treatment for his alcohol dependency.  The applicant’s record shows, from February 1996 until his discharge in July 1997, he was an administrative burden on his command due to repeated alcohol abuse and suicidal and homicidal ideations.  His parent command determined it was in the best interest of the military to discharge the applicant, rather than continue to try and help someone that did not want help.  The discharge was proper and equitable.  Relief denied.

In the applicant’s issue 2, the board determined this issue is without merit.  The applicant claims this was his first civilian offense.  The applicant’s medical record documents several alcohol related incidents, not involving civilian authorities, over a 17 month period.  Incidents included suicidal gestures and a hand injury.  His parent command determined the applicant was incapable of providing any useful service to the military, due to repeated threats of suicide and continuous alcohol abuse.  The discharge was proper and equitable.  Relief denied.

In the applicant’s issue 3, the Board determined this issue is without merit.  The applicant claims sobriety for 16 months but provides no documentation to support his claim.  Relief denied.

In the applicant’s issue 4, the Board determined this issue is without merit.  The applicant claims to have had no other offenses on his civilian record.  The applicant did not provide any proof to support his claim.  Additionally, the characterization of his discharge was based on an evaluation of his entire military service record for a specific enlistment.  His discharge accurately reflects the type service he provided his country military on his last enlistment.  The applicant did not provide any documentation for consideration of post-service clemency.  The discharge was proper and equitable.  Relief denied.   

Pertinent Regulation/Law (at time of discharge)

A.  The Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective 
03 Oct 96 until 11 Dec 97, Article 3630550, SEPARATION OF ENLISTED  PERSONNEL BY REASON OF ALCOHOL ABUSE REHABILITATION FAILURE.

B.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT

If you believe that 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 Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive.  You should read Enclosure (5) of the Directive 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 obtain a copy of DoD Directive 1332.28 by writing to:

		DA Military Review Boards Agency
		Management Information and Support Directorate
		Armed Forces Reading Room
		Washington, D.C.  20310-1809

The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		Washington Navy Yard
		720 Kennon Street SE Rm 309
		Washington, D.C.  20374-5023