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

FOR OFFICIAL USE ONLY

  ex-FC3, USN
Docket No. ND05-01290

Applicant’s Request

The application for discharge review was received on 20050727.  The Applicant requests the Discharge 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060413.  After a thorough review of the available 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

Applicant’s issues, as stated on attached document/letter: 

“To the Naval Discharge Review Board:
On March 8, 2005 I received a General (under honorable conditions) for Alcohol Rehabilitation Failure.  I am greatly distraught at my commands decision and actions leading toward this excessive action.  This resulted from a civilian arrest for DWI on February 12 2005 which is still pending in court in Hawaii.  This resolution has forced me to be absent from the state and unable to plead my case to countless inaccuracies in the police report.  As the dates have been mentioned previously it is clearly seen that this separation has been an expedited process in which I feel not much thought or concern has been placed.  I fought, was adament, and agreed to seek help and attend a class or whatever deemed to be necessary in order to continue to serve my contract and continue to be the asset to my ship and the Navy that I was.  I talked to our ship’s DAPA representative and he recommended a treatment path which I was more than happy to attend, but the process never reached that far.  I have never received an NJP nor did I go to a DRB for this incident.  My suspicion is that due to the ship’s schedule and a recent change of command I was dealt with an indifference and was punished based on perception and a hasty generalization of other sailors, not on personal character and performance.  I was ranked number 1 in Combat Systems as an Aegis FC, FCS/ORTS technician, and received a 4.0 EP on my previous eval.  I also participated in many of the ship’s sporting and extra voluntary events This dedication and excellence of work to my shipmates and the Navy does not come from a person diagnosed as someone who has an alcohol problem.  Also, since I did not attend a facility after this incident, this diagnosis is based solely upon my CO, who is not a medical professional.  Along with my chain of command, who fought with me to continue my enlistment, I did not have any success as the decision to submit a waiver was shot down by the CO.  I am asking that I have my discharge upgraded to an Honorable discharge in order to receive my MGIB to further my education and overcome this bump in my life.
V/R
J_ R. F_(Applicant)”

Documentation

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

BUPERINST 1900.8A, Enclosure (2), page 4, dtd January 26, 2004
DODD 1332.14, Enclosure 3, Attachment 1, dtd December 21, 1993 (2 pages)
AR 635-200, Chapter 9, pages 75-76, Alcohol or Other Drug Abuse Rehabilitation Failure, dtd June 6, 2005
Applicant’s DD Form 214
Applicant’s DD Form 215
Evaluation Report and Counseling Record, dtd June 17, 2004
Twenty pages from Applicant’s service record

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	20001025 - 20010719	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20010720		Date of Discharge:  20050308

Length of Service (years, months, days):

	Active:    03  07  19
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  17 (Parental Consent)

Years Contracted:  4 (24 month extension)

Education Level:  12				AFQT:  80

Highest Rate:  FC3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  4.0 (3)			Behavior:  3.0 (3)		OTA:  3.48

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  Good Conduct Medal for period ending 04Jul01, National Defense Service Medal

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: 

010720:	Pre-service waiver for minor misdemeanor (underage drinking) granted.

020702:	Medical Evaluation:
Subject [Applicant] was referred to SARS for civilian police identification for underage drinking and an open container.  Applicant admitted to driving under the influence three times in the past 12 months.  Counselor’s Diagnostic impressions:  Alcohol Abuse.  Recommendations:  Level I outpatient (short term) with early intervention education.  Medical officer concurred.

020809:	Applicant began Level I outpatient treatment.

020821:	Civil Conviction:  Virginia Beach General District Court for violation of Illegal possession of alcohol.
Sentence:  Fine $30.00.

021107:	Applicant completed Level I outpatient treatment.

021108:	Discharge summary:  Applicant was referred to the Substance Abuse Rehabilitation Program (SARP) on 020702 for evaluation resulting from a 020615 civilian police identification for underage drinking and having an open container.  Discharge diagnosis: AXIS I: Alcohol abuse, AXIS II: None.  AXIS III: None.  AXIS IV: Involvement with criminal justice system for underage drinking.  AXIS V:  GAF = 78.  Aftercare Recommendations: (1) Participate in a command monitored aftercare program until November 2003.  (2) IF FCSA F_(Applicant) is identified for alcohol misuse/abuse he should be held administratively accountable for his conduct and re-referred to medical for further evaluation and treatment.

040519:	Substance Abuse Evaluation:  Command referral – underage drinking.  Diagnosis:  No diagnosis.  (History of EOTH abuse).  Recommendations: Substance abuse treatment is indicated.  Level of treatment: Early intervention.  Recommend abstain from further alcohol intake until age 21.

040610:	Substance Abuse Rehabilitation Program, Naval Medical Clinic, Pearl Harbor, HI: Patient referred for diagnostic screening on 040510 and did not meet criteria for a substance abuse disorder.  Treatment placement assessment: The Applicant was assessed for psychosocial history and treatment placement at SARP, on 040519.  The patient was recommended for early intervention.  The diagnostic criteria and treatment recommendations were reviewed by a Navy clinical psychologist on 040519.  Patient began treatment on 040608 and completed treatment 040610.  Patient is returned to command fit for full duty.

050228:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of alcohol rehabilitation failure.

050228:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.

050308:	DD Form 214: Applicant discharged with a general (under honorable conditions) by reason of alcohol rehabilitation failure.

Service Record contains a partial Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20050308 by reason of alcohol rehabilitation failure (A) with a service characterization of general (under honorable conditions).  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 Board presumed regularity in the conduct of governmental affairs (D).

The Applicant implies that his discharge is inequitable because he was “ranked number 1 in Combat Systems,” and “participated in many of the ship’s sporting and extra voluntary events.”  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 a civil conviction for illegal possession of alcohol.  The Applicant attended Level I outpatient treatment from 20020809 until 20021107.  On 20040519, the Applicant was referred for substance abuse evaluation as a result of underage drinking.  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 and falls far short of that required for an upgrade of his characterization of service.  Relief is not warranted.

The Applicant contends that his discharge is improper because it resulted from a civilian arrest for “DWI” that had not been adjudicated at the time of the Applicant’s discharge.  The Applicant further contends that he was never subject to nonjudicial punishment for this arrest and that his Commanding Officer was not “a medical professional.”  Regulations require commands to process treatment failures for administrative separation unless a written wavier is obtained.  Waivers are submitted at the discretion of the Commanding Officer.  There is no evidence of a request for waiver in the Applicant’s record.  Any member who returns to alcohol abuse at any time during his career following treatment is determined to be a treatment failure.  The Applicant completed outpatient treatment on 20021107 and was reevaluated due to underage drinking on 20040519.  The Applicant was an alcohol rehabilitation failure.  Thus, the Board found the Applicant’s contention without merit.  Relief denied.

Regarding the Applicant’s request for an upgrade based on his desire to use service-related 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.  Relief on this basis would be inappropriate.

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.  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 28 April 2005, 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, Para 211, Regularity of Government Affairs.

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