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

 ex-AMSAN, USN
Docket No. ND00-00896

Applicant’s Request

The application for discharge review, received 000714, 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 010201.  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

1.  The reason for my request in upgrade of discharge to honorable from general under honorable conditions is as follows; reason for gen under hon. was alcohol rehabilitation failure. I was discharged from the naval rehab facility in Millington, Tenn: The staff's reasoning is that I drank caffeine coffee on the ward (one) week prior to my completion of their program. Note; the facility served caffeine coffee on the mess decks every meal, and we were allowed to drink that further more the coffee that was on the ward was delivered by the authorities of the ward. However, I continued in my struggle with addiction for nearly 10 years after my discharge in & out of re-hob, then in 1996 I entered a Christian discipleship program for 8 months.  After graduating the program I have entered into ministry full time and I am now an assistant director of our Indiana center, a center which I helped open.  What I am trying to say is that I have reached a point in my life where I am looking for closure to certain parts in my life.  My discharge was not based on my "medical conditions" but on politics and economics and therefore both unreasonable and unfair.  Please do not mistake me, for 10 years the navy was my life, I loved the navy and still do and given the chance I would re-up in an instant.  This may seem irrelevant, but I have just recently married, but I have an idea what divorce is like.  This upgrade is only important to me and no one else, I don't need it for any other reason  that to gain some closure and peace.  I need to put that part of my life to rest and after 10 years of service I believe I deserve at least that 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:   USN 			780612 - 810611	HON
		   USN			810615 - 850814	HON
	Inactive: USNR (DEP)	771117 - 780611	COG
		   USNR (DEP)	851028 - 851201	COG

Period of Service Under Review:

Date of Enlistment:  851202		Date of Discharge:  880302

Length of Service (years, months, days):

	Active:    02  02  29
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  49

Highest Rate:  AMS2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.95 (4)	Behavior:  3.55 (4)		OTA:  3.55

Military Decorations:  None

Unit/Campaign/Service Awards:  NEM, BATTLE"E"(2), SSDR(3), NUC 

Days of Unauthorized Absence:  3 

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:

870421:	Retention Warning:  Advised of deficiency (Minor misconduct (i.e. tardiness, minor unauthorized absence, disrespect to superiors, and failure to obey lawful orders), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

870421:	NJP for violation of UCMJ, Article 91: Failed to obey a lawful order issued by AT1 S______, violation of UCMJ Article 134: Drunk and Disorderly in public.
	Award:  Forfeiture of $436.00 per month for 1 month, restriction and extra duty for 30 days, reduction to E-4 (suspended for 6 months).  No indication of appeal in the record.

870512:	Retention Warning:  Advised of deficiency (Alcohol abuse has been the primary negative factor in your performance resulting in NJP), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

871109:	Retention Warning:  Advised of deficiency (You have been formally identified as an alcohol abuser and have been determined to not be complying with the recommended counseling regimen for alcohol abuse dated 870930.  As you have been discharged from level II NADSAP due to the fact that your denial of alcohol abuse is having a detrimental effect on the rest of the class), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

871113:	Medical Screening AMS2 G____ was screened by CAAC, Norfolk on 870928 and was subsequently enrolled in the CAAC outpatient program from 871102 to 871106. This program consisted of daily prescribed Antabuse therapy, attendance of Alcoholic Anonymous (AA) meetings, physical training, and numerous drug/alcohol education presentations as well as daily group therapy session.  AMS2 G_____ was terminated from group on 871106 due to his lack of participation and alcohol dependency.  He failed to fulfill two assignment requirements and consistently rationalized his alcohol consumption as well as the excessive consumption of other group members.  SNM revealed experiencing loss of control, hand tremors, and loss of appetite due to drinking; however, revealed his job takes priority over his alcohol problems.  It is therefore recommended AMS2 G____ be afforded ARC inpatient treatment.

871211:	NJP for violation of UCMJ, Article 86: (2 Specifications), Unauthorized absence, violation of UCMJ Article 134: Drunkenness, unfit for duty.
	Award:  Forfeiture of $509.00 per month for 1 month, restriction for 30 days, reduction to E-4.  No indication of appeal in the record.

871226:	Applicant admitted to the Alcohol Rehabilitation Department, Naval Hospital, Millington, Tennessee with a diagnosis of alcohol dependence.

880125:	Medical Officer recommended applicant be considered for administrative separation in accordance with OPNACINST 5350.4A as a Level III treatment failure.

880205:	Applicant notified of intended recommendation for discharge with under honorable conditions (general) by reason of alcohol abuse rehabilitation failure as evidenced by a Medical Officer's report.

880216:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

880222:	NJP for violation of UCMJ, Article 86: Unauthorized from 880213-880216 [3days/S].
	Award:  Forfeiture of $446.00 per month for 1 month, reduction to E-3.  No indication of appeal in the record.

880315:	Commanding officer recommended discharge under honorable conditions (general) by reason of alcohol abuse rehabilitation failure as evidenced by Medical Officer's report.  

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 880303 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).

The applicant’s discharge of general (under honorable conditions) accurately characterizes his service.  Notably, the applicant’s last enlistment included three NJP’s and a failure to complete Level III.  Relief is not warranted.

Although the applicant discusses his positive post service in his issue, he failed to provide any documentation to support his request based on post service merits.  Notably absent are documentation to support his sobriety, police record checks, community service, employment history.  The NDRB is authorized to consider post-service factors in the re characterization of a discharge.  There is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service.  Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question.  Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB.  

The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at personal appearance hearing is highly recommended.

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 view DoD Directive 1332.28 and other Decisional Documents by going online at "afls14.jag.af.mil".  

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
		720 Kennon Street SE Room 309
		Washington Navy Yard D.C.  20374-5023