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

       

 ex-AKAR, USN
Docket No. ND99-01175

Applicant’s Request

The application for discharge review, received 990901, 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 000512.  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:  UNDER HONORABLE CONDITIONS(GENERAL)/Alcohol Abuse - rehabilitation failure, authority:  MILPERSMAN, Article 3630550.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  My discharge was improper because I have a disease called alcoholism. There is an overabundance of medical statistics to back my statement up.  Although I was in some trouble during my time of service, I was still a good sailor.  Since my discharge I have become a productive member of society and have been sober for more than 3 years.  I know some of my decisions were wrong, however my evaluations were still good.  Thank your very much.

Documentation

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

None

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	881130 - 881221	COG

Period of Service Under Review:

Date of Enlistment:  881222		Date of Discharge:  910426

Length of Service (years, months, days):

	Active:    02  04  05
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  80

Highest Rate:  AKAN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.52 (5)	Behavior:  3.36 (5)		OTA:  3.76

Military Decorations:  None

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

Days of Unauthorized Absence:  4 

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

UNDER HONORABLE CONDITIONS(GENERAL)/Alcohol abuse - rehabilitation failure, authority:  MILPERSMAN, Article 3630550.

Chronological Listing of Significant Service Events:

890709:	Medical Record: Assessment/Diagnosis: acute alcoholic intoxication.  ETOH level: .196%.

900317:	Medical Department USS Enterprise: CAAC ETOH eval.   Self referral for ETOH eval.  Imp: Alcohol abuse no dependence.  Plan: recommend Level II.  Antabuse not recommended.

901019:	NJP for violation of UCMJ, Article 86 (2 specs): (1) Absent from appointed place of duty on 0730-0900, 8Sep90, (2) Absent from appointed place of duty on 0730-1030, 9Sep90, violation of UCMJ Article 91: Disrespectful in the deportment toward AK1 by pointing his finger in the face of AK1 on 9Sep90, violation of UCMJ Article 92 (3 specs): (1) Fail to obey a lawful order issued by Lt to report to NAS Lemoore Supply immediately on 9Sep90, (2) Fail to obey a lawful general regulation to wit: SECNAVINST 1700.11C of 21Jul86, that the sale, possession, and consumption of alcoholic beverages on naval installations shall conform to drinking limitations of the state or country in which the installation is located, by wrongfully consuming alcoholic beverages while under the legal drinking age of 21 for the state of California on 1Oct90, (3) Fail to obey a lawful regulation to wit: NASLEMOOREINST 11101.1M of 11Feb85, that civilian guests under the age of 18 years are permitted in lounge areas only, by wrongfully allowing civilian guests under the age of 18 years in unauthorized areas in Barracks 12, NAS Lemoore on 30Sep90.
	Award:  Forfeiture of $421.85 per month for 2 months, restriction for 20 days, reduction to AKAR.  Forfeiture suspended for 1 month.  No indication of appeal in the record.

901029:	Naval Hospital Lemoore, CA: S: 3rd referral for ETOH - feels he failed level II.  U/A due to hangover.  CAAC suggests level 3 - pt feels it is necessary.  This a/d referral from CAAC screener suggest to me need for level III.

901101:	Admitted to Alcohol Rehabilitation Department.

901214:	Alcohol Rehabilitation Department discharge diagnoses: Alcohol dependence.  Follow up at CAAC.

901217:	Retention Warning: Advised of deficiency (Misconduct (NJP) in the case of alcohol, incident number three.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

910127:	Applicant to ER NAVHOSP Lemoore for competence for duty.  ETOH Level .069%.  Disposition:  Full duty after 8 PM.  Referred to CAAC.

910301:	Applicant notified of intended recommendation for discharge with type under honorable conditions (general) by reason of alcohol abuse rehabilitation failure as evidenced by your continued alcohol abuse subsequent to inpatient treatment within the last 12 months.

910305:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.  

910419:	NJP for violation of UCMJ, Article 86 (2 specs): (1) Wrongfully absent himself from his appointed place of duty 0800, 26Mar91 to 0745, 27Mar91, (2) Wrongfully absent himself from his appointed place of duty on 0800, 4Apr91 to 0830, 8Apr91 (4 days).
	Award: Restriction for 7 days, reduction to AKAR.  No indication of appeal in the record.

910604:	Commanding officer directed discharge under honorable conditions (general) by reason of alcohol abuse rehabilitation failure.  Commanding officer’s comments (verbatim): AR (applicant) attended Level III alcohol rehabilitation and elected to continue alcohol consumption upon his completion of Level III.  He had displayed a total lack of concern toward Navy Regulations as well as his personal well being.  Due to his continued use of alcohol, AR (applicant) became a burden to this command.  Due to his attendance in the Level III program, no further treatment was offered prior to his discharge.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 910426 under honorable conditions (general) due to alcohol abuse - 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 response to the applicant’s issue 1, the Board found that although the applicant may have had above average marks while in the service, this was overshadowed by the applicant’s misconduct.  The applicant attended Level III alcohol rehabilitation in November 1990, but then continued to have alcohol related incidents after completion of treatment.  He was also given retention warnings and opportunities to correct his misconduct, but failed to do that.  He was given a General discharge which the Board found to be equitable taking into consideration his entire service record.  No relief will be granted based on this issue.

There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service.  However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D).  Those factors include, but are not limited to, the following:  evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct.  At this time, the applicant has not provided any documentation of good character and conduct.  Therefore no relief will be granted.  The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge.

Pertinent Regulation/Law (at time of discharge)

A.  The Naval Military Personnel Manual, (NAVPERS 15560C, effective 15 Jun 87 - 15 Aug 91), 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 Room 309
		Washington, D.C.  20374-5023