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

FOR OFFICIAL USE ONLY

 ex-AN, USN
Docket No. ND05-01111

Applicant’s Request

The application for discharge review was received on 20050621.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable.  The Applicant requests a personal appearance discharge review before a traveling panel closest to Oakland, CA.  The Applicant designated the American Legion as the representative on the DD Form 293.  In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in Washington DC at the Washington Navy Yard.  The NDRB also advised that the Board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060112.  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) by reason of alcohol rehabilitation failure

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

“My discharge was inequitable because it was based on one isolated incident in 2 years of service, also for the benefits for my college education.”

Applicant marked the box "I HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THIS APPLICATION."  None were found.

Representative submitted no issues.

Documentation

In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:

Applicant’s DD Form 214
Transcripts
Full-time student confirmation, dtd September 13, 2004
Evaluation Report and Counseling Record, dtd July 1, 2002
Evaluation Report and Counseling Record, dtd July 15, 2003
Evaluation Report and Counseling Record, dtd December 16, 2003
Appointment of veterans service organization as claimant’s representative, dtd January 12, 2004 (2)
Rating decision from Department of Veterans Affairs, Oakland Regional Office, dtd May 6, 2005 (6 pages)

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	20010915 - 20011001	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20011001		Date of Discharge:  20040113

Length of Service (years, months, days):

	Active:    02 02 12
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  21

Years Contracted:  4

Education Level:  11				AFQT:  42

Highest Rate:  AN

Final Enlisted Performance Evaluation Averages (number of marks):*

Performance:  2.7 (3)			Behavior:  1.7 (3)		OTA:  2.44

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  National Defense Service Medal, Sea Service Deployment Ribbon, Navy and Marine Corps Overseas Service Ribbon

*Extracted from supporting documents submitted by the Applicant.

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: 

020417:	Competency for duty examination: Admitted to sick list.

020417:	USS ESSEX (LHD 2): ETOH evaluation:  Applicant reports to medical with c/o alcohol intoxication.  Odor of alcohol on breath: Moderate.

031016:	USS Naval Hospital Okinawa, Japan, Mental Health Department: 
CHIEF COMPLAINT: “I was thinking about stabbing myself in the chest or abdomen.”

HISTORY OF PRESENT ILLNESS: This is the first psychiatric hospitalization for this 23 y/o single Hispanic male SN with 2 years CAD who was brought to the medical department of the USS Essex by a shipmate after patient shared his thoughts of suicide via cutting self He was observed closely on board and subsequently medevac’d here.  He reported that he has become progressively disillusioned with his command because they have not given him the opportunity to strike for a rating.  He also feels unfairly labeled as a trouble-maker and “targeted”.  He reported that he has begun drinking to excess despite friends asking him to cut down.  He was recently 2 hours late for work and was subsequently disciplined.  He was given a room in the barracks prior to admission and proceeded to drink 7 beers.

Psychiatric History: The patient has had no prior mental health involvement or treatment and he denied any history of suicidal ideation, gestures, or attempts.  In addition, he denied any history of homicidal ideation or attempts.  He reported superficially cutting himself while distressed about occupational problems on 2 occasions but never sought treatment.
Family Psychiatric History: The patient reported that his father, grandfather, and numerous aunts and uncles have had problems with alcohol.  He denied family history of psychiatric illness, suicides, or hospitalizations.

Developmental History: Patient was born to a Madera, CA family broken by divorce when he was 8 y/o.  He subsequently lived with his mother and grandmother.  He denied abuse of any kind.  He has never married.
Past Medical History: The patient denied physical complaints or current medical problems and is not currently using any prescription medications.  He has no known drug allergies.  The patient reported no loss of consciousness, traumatic head injuries, or history of seizures.
Drugs and Alcohol: Patient reports drinking about 7 beers 2-3 times weekly.  He reported occupational problems noted above.  He denied having any DUI’s or alcohol related incidents.  He denied any past or current illicit drug use.

Mental Status Exam: The patient presented as alert and completely oriented.  He was dressed in the uniform of the day and appeared to be his stated age.  No psychomotor abnormalities were observed.  Rapport was easily established.  The patient’s demeanor was cooperative.  His eye contact was good.  Speech was normal in rate, rhythm, and volume without a paucity of content Mood was frustrated, affect was consistent with his mood and congruent to conversation with some retention of humor.  His thought processes were logical, linear, and goal-directed The patient denied auditory and visual hallucinations and manifested no evidence of psychotic or delusional processes.  No gross cognitive deficits were noted.  The patient’s insight, judgment, and impulse control appeared to be intact.  He denied any current suicidal, homicidal, or violent ideation, plan, or intent.  He convincingly contracted for safety.
DIAGNOSTIC IMPRESSIONS:
AXIS I: Alcohol abuse, adjustment disorder with depressed mood.
AXIS II: Deferred.
AXIS III: No diagnosis.
AXIS IV: Routine military stress, limited family support.
AXIS V: Current: 65.  Upon admission - 60.
DISPOSITION: Currently regarded as fit and suitable for duty.  Specifically, the service member is not mentally ill and therefore is considered fit for full duty and is returned to same.
RECOMMENDATIONS:
1.  Patient referred to the Outpatient Crisis Prevention Program, 20-24 October 2003.  He will also undergo alcohol abuse/dependence screening by HM1 P_.
2.  Follow-up with Dr. L_ in the Outpatient Mental Health Clinic, USNH Okinawa: 30 October 2003 at 1330.  The member may return to mental health clinic if his condition worsens.  The patient may contact the clinic.
3. The point of contact is LCDR L_.
4. The patient has been informed of the results of this evaluation.  His command will be informed of same when they return to port.

031016:	U.S.N.H. Okinawa Mental Health Clinic, Outpatient Psychology: Applicant screened and deemed appropriate of the Outpatient Crisis Prevention Program (OCPP).  At this time an alcohol screening was performed also at the request of the Ward Psychiatrist (Pt was admitted to 3 South on 11 Oct with suicide ideation and a BAC of .10).  The patient met 4 or 7 DSM IV criteria for alcohol dependence.  While referral for Intensive Outpatient Treatment (TOP) was pending the patient was placed in OCPP with direct orders from the Ward Psychiatrist the OCPP Facilitator not to drink.  The pt denied suicidal ideation but related that if he was sent back to his ship he would become suicidal and get into trouble while drinking.  [Extracted from Medical Record entry dated 031031.]

031020:	During the patient’s first day of OCPP the patient arrived 30 minutes late, stating that he did not have an alarm clock.  The patient was also redirected not to congregate in the hallways due to the disturbance it was making to the doctors’ offices.  [Extracted from Medical Record entry dated 031031.]

031021:	On the second day of OCPP the patient related to another classmate the he had been drinking the night prior.  It also became apparent that the patient was not interested in the didactic instruction as evidenced by almost every comment he made related to his drinking in a sarcastic manner.  The patient also had to be redirected again not to congregate in the hospital hallway and not to sit on the floor as well.  [Extracted from Medical Record entry dated 031031.]

031022:	The patient was staffed by the Ward Psychiatrist and the OCPP Facilitator which resulted in the patient being dropped from the OCPP class due to being non-amenable.  [Extracted from Medical Record entry dated 031031.]

031029:	The patient was UA from his 0930 appointment at Substance Abuse Rehabilitation Department (SARD), he never arrived.  Prior to his appointment, the patient was redirected two times from the OCPP Facilitator and one time from the Med Hold Coordinator that he had to attend this appointment whether he wanted to go or not.  The patient was given a Page 13 by the Med Hold Coordinator to ensure he would make his re-scheduled appointment.  [Extracted from Medical Record entry dated 031031.]

031029:	Applicant refused alcohol rehabilitation treatment for diagnosed condition of alcohol abuse during Case Management Interview.  Administrative separation is recommended for personnel who refuse treatment.  It is recommended you offer the member services by Substance Abuse Counseling (SACC) and Substance Abuse Rehabilitation Program (SARP), until the service member is discharge.

031030:	The patient was late to his SARD appointment.  However, he was still seen, but refused the breathalyzer and refused treatment.  The patient is not suicidal at this time, responsible for his actions and knows right from wrong.  [Extracted from Medical Record entry dated 031031.]

031202:	NJP for violation of UCMJ, Article 89:  (Disrespect toward a superior commissioned officer).
Violation of UCMJ, Article 134:  (Drunk/Disorderly).
Award:  Forfeiture of $794 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2.  No indication of appeal in the record.  [Extracted from Commanding Officer’s letter dated 031203.]

031203:	DAPA examination:Subjective: Referred by command.  Impression: Alcohol abuse, no dependence.  Suggest: DAPA in service OP.

031203:	Applicant notified of intended recommendation for discharge by reason of convenience of the government - alcohol rehabilitation failure.

031203:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

031203:	Commanding Officer, USS ESSEX (LHD 2) approved discharge with a general (under honorable conditions) by reason of alcohol rehabilitation failure.  Commanding Officer’s comments:  “Despite repeated counseling, AA R_(Applicant)’s inability/refusal to participate and cooperate in the alcohol treatment program clearly demonstrates he has no desire to adhere to basic Navy standards.  He does not have rehabilitative potential nor will he become an asset to the Navy in the near future.  I therefore approve AA R_(Applicant)’s immediate separation from the Naval service with a General Discharge.”

040102:	Commanding Officer, Transient Personnel Unit Puget Sound granted authority to discharge Applicant with a general (under honorable conditions) by reason of alcohol rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20040113 by reason of alcohol rehabilitation failure (A) with a service characterization of general (under honorable conditions).  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 states that his discharge was inequitable because it was based on one incident in two years of service. The Board found that the Applicant's discharge was proper and equitable as there is credible evidence in his service record of alcohol abuse. 

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 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 one nonjudicial punishment proceeding for:

•	Violation of UCMJ, Article 89:(Disrespect toward a superior commissioned officer)

•	Violation of UCMJ, Article 134:  (Drunk/Disorderly)

Furthermore, the record shows, that the Applicant refused to participate and cooperate in the alcohol treatment program, subsequently refusing any alcohol rehabilitation treatment for diagnosed condition of alcohol abuse during a Case Management Interview. The Applicant was notified of intended recommendation for discharge by reason of convenience of the government - alcohol rehabilitation failure, was advised of his rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation. The record clearly reflects his willful misconduct and demonstrated he was unfit for further service. Relief is not warranted.

The Applicant states he wants to obtain his educational 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 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 service. The NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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. After a complete review of the entire record, including the Applicants’ DD Form 214, Transcripts, Full-time student confirmation, dtd September 13, 2004, Evaluation Report and Counseling Record, dtd July 1, 2002, Evaluation Report and Counseling Record, dtd July 15, 2003, Evaluation Report and Counseling Record, dtd December 16, 2003, Appointment of veterans service organization as claimant’s representative, dtd January 12, 2004 (2), Rating decision from Department of Veterans Affairs, and the Oakland Regional Office, dtd May 6, 2005 (6 pages), the Board determined that his discharge was appropriate and that his post-service documentation was not sufficient to mitigate the conduct for which he was discharged.  Relief denied.

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. Examples of documentation that should be provided to the Board include verifiable employment records, documentation of community service, credible evidence of an alcohol free lifestyle and certification of non-involvement with civil authorities. 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