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

  ex-FR, USN
Docket No. ND04-01219

Applicant’s Request

The application for discharge review was received on 20040729.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record review.  The Applicant did not list a representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20050304.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  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 1910-152 (formerly Article 3630550).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “After discharge I promptly checked my self into Clermont Recovery Center.  In addition I maintained 3 AA meetings per week.”

Documentation

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

Clermont Recovery Center General Release Form, dated April 15, 2004 (3 pages)

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	010323 - 010328	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  010329		Date of Discharge:  020327

Length of Service (years, months, days):

	Active:    00  11  28
	Inactive:  None

Age at Entry:  28			Years Contracted:  4

Education Level:  12			AFQT:  32

Highest Rate:  FR

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.00 (1)		Behavior:  1.00 (1)		OTA:  2.17

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

Days of Unauthorized Absence:  2

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

GENERAL (UNDER HONORABLE CONDITIONS)/ALCOHOL REHABILITATION FAILURE, authority:  MILPERSMAN, Article 1910-152 (formerly Article 3630550).

Chronological Listing of Significant Service Events:

011015:	Applicant referred for treatment to the Substance Abuse Rehabilitation Department, Naval Medical Center, San Diego, CA.  Initial Diagnosis:  Alcohol dependence.  Nicotine dependence.

011109:	Medical Record Narrative Summary: Final Diagnosis: Alcohol dependence.  Nicotine dependence.

020208:	Medical Record: Assessment: Suicidal ideation, Alcohol dependence treatment failure.  Plan: Refer to Fleet Mental Health Unit for medical officer evaluation. Applicant resumed drinking on discharge from Level III treatment facility, did not complete aftercare despite intentions to stop drinking.  Applicant is a Level III treatment failure and has continued binge drinking to suppress depression.

020208:	Medical Record:  FM4U: Diagnosis: AXIS I: Alcohol dependence.  Adjustment disorder with depressed mood.  AXIS II: Occupational problems, legal problems.  

020210	Applicant to unauthorized absence 0700, 020209.

020211:	Applicant from unauthorized absence 1948, 020211 (2 days/surrendered).  Applicant’s EAOS changed to 050330.

020212:	Medical Record: Diagnosis: Alcohol dependence, nicotine dependence.  Plan: Refer Applicant to Partial Hospitalization Program.

020220:	NJP for violation of UCMJ, Article 86: Unauthorized absence.
	Award: Forfeiture of $577 per month for 1 month, restriction and extra duty for 30 days.  No indication of appeal in the record.

020327:	DD Form 214:  Applicant discharged with a general (under honorable conditions) by reason of alcohol abuse rehabilitation failure, authority:  MILPERSMAN, Article 1910-152.

Applicant’s discharge package missing from service record

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020327 with a general (under honorable conditions) due to alcohol rehabilitation failure (A).  After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C).  The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (D).

Issue 1:  A characterization of service of under honorable conditions (general) is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record.  The Applicant’s service was marred by award of nonjudicial punishment (NJP) for violation of UCMJ, Article 86 (Unauthorized absence).  In addition the Applicant was a level III alcohol rehabilitation treatment failure.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. Relief denied.

The following is provided for the edification of the Applicant.  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 civilian life subsequent to leaving the naval service.  The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge 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.  The board recognizes the Applicant’s efforts to live a substance free lifestyle by self-referring himself into the Clermont Recovery Center.  Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities.  The Applicant’s evidence of post-service conduct was found not to mitigate his misconduct sufficient to warrant an upgrade to his discharge.   

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.  The Applicant can provide additional documentation to support any claims of post-service accomplishments or any other evidence relating to his discharge at that time.  Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560C), Change 27, effective 
27 Mar 2000 until 21 Aug 2002, Article 1910-152 (formerly Article 3630550), 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 V, Para 502, Propriety.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

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 “http://Boards.law.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:

		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