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

FOR OFFICIAL USE ONLY

  ex-ABHAN, USN
Docket No. ND05-00131
 
Applicant’s Request

The application for discharge review was received on 20041020.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests 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 20050908.  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:

“  I feel that discharge was unfair and unjust based on one incident in 67 months of service, and I would like to be reinstated to my E-4 status if possible.”

Documentation

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

Letter from Applicant dtd September 27, 2004 (2 pgs)
Applicant’s DD Form 214 (2)
Court Memorandum
Letter of Commendation
Awards Listing (2 pgs)
Personnel Qualification Standards Listing
Navy and Marine Corps Achievement Medal Citation
Evaluation Report & Counseling Record (Partial) 

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	970703 - 970826	COG
	Active:   USN 			970827 - 010913	HON

Period of Service Under Review:

Date of Enlistment:  010914		Date of Discharge:  030418

Length of Service (years, months, days):

	Active:    01 07  04
	Inactive:  None

Age at Entry:  22			Years Contracted:  4 

Education Level:  12			AFQT:  32

Highest Rate:  ABH2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.00 (1)		Behavior:  1.00 (1)		OTA:  1.86

Military Decorations:  None

Unit/Campaign/Service Awards:  Navy and Marine Corps Achievement Medal, Navy Unit Commendation, Navy “E” Ribbon (2), Navy Good Conduct Medal, National Defense Service Medal, Sea Service Deployment Ribbon (2), Armed Forces Expeditionary Medal

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 1910-152 (formerly Article 3630550).

Chronological Listing of Significant Service Events:

010914:	Reenlisted on board USS JOHN C. STENNIS (CVN-74) for 4 years.

020109:	Record of Counseling: Military Bearing, Conduct, Professional Performance: On 07 Jan 02 Petty Officer M___ stated to Petty Officer L___, in his own words, that he did not want to (F____) be stationed at NALF Orange Grove.  He also stated that the navy evaluation system does not mean a d___ thing to him.  Petty Officer L___ explained to M___ that the qualifications of crash captain can enhance his overall evaluation.  Petty Officer M___ then stated that L___ was not a good LPO and he is just a normal (M___ F___) around here.  M___ made it very clear that he did not want increased responsibility.  Petty Officer M___ chose to state the above remarks in the presence of many of his subordinates and peers.

020416:	Report of Counseling: Military Bearing, Professional Performance: Late to appointed place of duty.
       
020523:	Record of Counseling: Conduct: The Department of Child Support Services County of San Diego, sent a letter dated 13 May 02 to the command stating ABH3 M___ has not been paying child support and a civil action has been filed against him.  The letter also stated that ABH3 M___ has not been replying to any of the correspondence the Child Department has been sending him.

020528:	Record of Counseling: On 24 May 2002 Petty Officer M___ reported to work at 0815, which is later than the scheduled 0730 muster.  Member did not inform immediate supervisor of intentions or inform him that he would be late for work.
  
020618:	Record of Counseling: Military Bearing, Conduct, Professional Performance, Personal Behavior: Petty Officer M___ is receiving formal counseling on proper watchstanding at NALF Orange Grove.  Included in the counseling are watchstanding responsibilities and instructions.  This counseling is being given to ensure that all personnel assigned to watchstanding duties are aware of the instructions and what’s required of them while on duty at NALF Orange Grove.
  
020927:	Record of Counseling: Conduct, Professional Performance, Personal Behavior: Petty Officer M___ was not present for 0730 muster or 0830 Airfield Operation start time.  Causing the NALF Airfield to open below the required Crash, Fire, and Rescue manning level for a Category II operating field

021101:	Record of Counseling: Conduct, Professional Performance, Personal Behavior: Petty Officer M___ was not present for 0730 muster or 0830 Airfield Operation start time on 31 Nov 2002.  Causing the NALF Airfield to open below the required Crash, Fire, and Rescue manning level for a Category II operating field. [Note: administrative error, the Applicant was not present for muster on 31 Oct 2002 versus 31 Nov 2002].

030116:	Retention Warning:  Advised of deficiency (Unauthorized Absences, Disrespect, Non-Sufficient Fund Checks made to MWR, and Alcohol Related Incident of Domestic Disturbance.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
   
030128:	Substance Abuse Rehabilitation Program, Naval Hospital, Corpus Christi, Preliminary Screening Evaluation: Applicant screened by BM1 J___ due to Command Referral, indications of alcohol dependence, recommended Applicant attend Intensive Inpatient (IP) treatment program (Level 3) for alcohol dependence.   

030204:	Military Protective Order.

030210:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service general (under honorable conditions) by reason of alcohol abuse rehabilitation failure [Extracted from case file].

030210:	Applicant advised of rights and having elected to consult with qualified counsel, elected to waive all rights [Extracted from case file].

030212:	Counseling:  You are being identified as an Alcohol Abuse Rehabilitation Failure IAW OPNAVINST 5350.4C for the following alcohol incidents: On February 25, 2002 you were seen by the Naval Medical Center San Diego for an overdose of sleeping pills combined with alcohol, and were subsequently identified as an alcohol abuser.  On 07 May 2002 you were involved in another alcohol related incident at the Barracks as noted in the ICR from NAS Security dated the same date.  On 30 October, 2002 you had a third alcohol related incident at your home, which resulted in the Kingsville Police Department being called and your being turned over to NASK Security.  This incident resulted in your being screened by the NASK Command DAPA on 20030123 IAW OPNAVINST 5350.4C.  On 20030128 you were screened by PO1 J___ at SARP NAVHOSP Corpus Christi, TX and were diagnosed as being Alcohol Dependent and recommend to attend Level III Intensive Inpatient Treatment.  You acknowledge this diagnosis and signed that document.  On or about 20030203 you committed a UCMJ Violation (ART 86 Unauthorized Absence), which was the direct result of alcohol abuse commencing the evening of 20030202.  Applicant accepted Level III Treatment and did not make a statement. 

030314:	NJP for violation of UCMJ, Article 134: (General Article).
	Award:  Reduction to E-4.  No indication of appeal in the record.

030331:	Commanding Officer, Naval Air Station, Kingsville authorized the Applicant's discharge with a general (under honorable conditions) by reason of alcohol abuse rehabilitation failure [Extracted from case file].

030418	Applicant acknowledges notification by CO Transient Personnel Unit of his non-eligibility for reenlistment due to alcohol rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030418 with a characterization of general (under honorable conditions) due to alcohol rehabilitation failure (A). 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 (B and C).

The Applicant contends that the discharged he received was unfair and unjust because it was based on one incident in 67 months of service. Additionally he contends that he received a dishonorable discharge, when in fact, the Applicant received a general (under honorable conditions) discharge. For the edification of the Applicant, when the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. A general under (honorable conditions) discharge 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:

•	 8 counseling reports for deficiencies in military bearing, conduct and performance

•	1 retention warning for deficiencies for unauthorized absences, disrespect, failure to pay child support, and an alcohol related domestic disturbance).

•	1 nonjudicial punishment proceeding for violation of Articles 134 of the UCMJ.  

•	1 military protection order 20030204

On 20030212, the Applicant was notified and acknowledged his status as an Alcohol Abuse Rehabilitation failure based on several alcohol related events that occurred on 20020225, 20020507, 20021030 and 20030203. OPNAVINST 5350.4C states that mandatory administrative processing is required for members that incur an alcohol related incident at anytime during the screening and treatment process, that resulted from a previous alcohol incident, even though treatment may not have been completed. The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. The Applicant’s conduct which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy, demonstrated he was unfit for further service and falls far short of that required for an upgrade of his characterization of service. Relief denied.

The Applicant states that he would like a reinstatement of his benefits. The Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board.  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.  Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities.  Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.  

The Applicant states he would like to be reinstated to E-4. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code. 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.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

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 documentation to support any claims of post-service accomplishments or any other evidence related 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), re-issued October 2002, effective 22 Aug 2002 until Present, 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.

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