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

FOR OFFICIAL USE ONLY

ex-MA3, USN
Docket No. ND06-00447

Applicant’s Request

The application for discharge review was received on 20060206.  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 20061206.  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.

The NDRB did note administrative error(s) on the original DD Form 214.  Block 13, Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized should read:  “National Defense Service Medal; Navy Unit Commendation; Sea Service Deployment Ribbon; Global War on Terrorism Expeditionary Medal; Navy Rifle Marksmanship Ribbon; Expert Pistol Shot Medal” and Block 26, Separation Code, should read” “JPD”.  The Commander, Navy Personnel Command, Millington, TN, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“I Need to Get my RE Code Changed from an RE-4 to an RE-1 So that I can Re-join the US Army and serve my Country with Honor, Courage and Commitment.  Please don’t let my lack of Maturity in my younger days effect what I wanna do most in this life.  I Have grown into a man, and resolved the issues that were at hand, and feel perfectly confident that I am able to resume my responcibility as a US Solider.  I would also like the possibility to changeing my Discharge from General to Honorable.  But Most of all I wanna Be a Soldier again and retire from the Unites states Army in 20 years or more.  Thank you for your consideration.”

Documentation

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

Applicant’s DD Form 214 (Member 1 and 4)

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	20011127 - 20020113	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20020114		Date of Discharge:  20050107

Length of Service (years, months, days):

	Active:    02  11  24
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  19

Years Contracted:  4 (12-month extension)

Education Level:  12				AFQT:  61

Highest Rate:  MA3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.0 (4)		Behavior:  2.5 (4)		OTA:  2.79

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  National Defense Service Medal; Navy Unit Commendation; Sea Service Deployment Ribbon; Global War on Terrorism Expeditionary Medal; Navy Rifle Markmanship Ribbon; Expert Pistol Shot 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: 

0211XX:	Civil Conviction, driving under the influence.  No further information found in service record.  [Extracted from Commanding Officer’s letter dated 050119.]

040914:	Evaluation at Psychology Department, Naval Medical Center, Portsmouth, Virginia.  Report of Mental Health Evaluation in response to SF-513 dtd 14 Sep 04.  Pt (Applicant) is a 22-year-old male referred by LT. P_.  Pt presented for appointment -30 minutes late; consequently, full evaluation not possible.  He denied any concerns regarding suicidal/homicidal ideations, despite referral for anger dyscontrol.  He immediately noted that a precipitant to seeking care was angry acting out behavior while intoxicated.  He also feels anger problems are exacerbated by USN factors related to unpredictability of deployment.
	ETOH/Substance Use:  Pt relates that in the last few months, he has significantly decreased his ETOH use.  While deployed from Nov03 to Apr04 he reports almost daily drinking of a 12-pack or more in ports and when ashore.  He noted that tolerance increased form 12 beers to anywhere from 18 to 24 beers to achieve the same effect.  He lost control of spending multiple times while drinking, which almost resulted in significant legal problems for the pt as he was charging bar tabs to his government issued credit card.  Greater than 50% of his time was spent engaged in drinking behaviors as well.  This pattern apparently existed prior to deployment.  The precipitating incident involved a phone call to his wife in PA, during which he heard an unfamiliar male in the background.  He threatened to drive up and kill her and him while in an intoxicated state.  His father talked him out of this.
	Assessment/Diagnostic Impression:
	AXIS I: Alcohol dependence.
	AXIS II: Deferred.
	AXIS III: See Medical Record
	AXIS IV: Partner Relationship problems.
	AXIS V: GAF=60 (current)
	Recommendations:
	1. Pt is fit for fully duty and responsible for own actions.
	2. Pt denies any current suicidal/homicidal ideations, or intent to harm self or others and is deemed to be a low risk for imminent self harm.
	3. Follow up with LT L_ next week for further assessment and evaluation.
	4. Refer to Level III treatment at ARD Norfolk.  Plan discussed with HMC M_ who will notify LT P_, DAPA, and pt’ primary corpsman.
	5. Plan discussed with pt and agreed to.

041206:	Applicant admitted for treatment at Naval Medical Center, Substance Abuse Rehabilitation Program.
	Initial diagnosis:  AXIS I: Alcohol Dependence.  Nicotine Dependence.

041217:	Applicant released from treatment at Naval Medical Center, Substance Abuse Rehabilitation Program as a result of noncompliance with program rules and regulations.  Prior to admission the Applicant had been diagnosed with Alcohol Dependence and Nicotine Dependence by a Licensed Professional Provider.  Applicant provided a Continuing Care program and notified that he may be subject to administrative separation.  The following problem areas were still unresolved and were transferred to the continuing care program: family of origin marital and unresolved anger issues.  Applicant was provided the following continuing care plan to assist in recovery:
a.	Abstain from the consumption of alcohol.
b.	Participate in three AA meetings per week.
c.	Return to full duty. 
	Final Diagnosis:  AXIS I Alcohol Dependence (303.90), Nicotine Dependence (305.1), Noncompliance With Treatment.
	Applicant left (the Program) against medical advice.

050103:	Applicant found medically qualified for separation.

050104:	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.

050104:	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.

050104:	Commanding Officer, Mobile Security Squadron TWO, granted Applicant’s discharge with a general (under honorable conditions) by reason of alcohol rehabilitation failure.

050119:	Commanding Officer, Mobile Security Squadron TWO informed Commander, Naval Personnel Command (PERS 832) of Applicant's discharge with a general (under honorable conditions) by reason of alcohol rehabilitation failure.  Commanding Officer’s comments:  “MA3 L_(Applicant) suffers from a Substance Abuse Disorder.  This is a chronic disorder of character manifested by disturbances of cognition, affectively, interpersonal functioning and impulse control.  The member’s performance of duty and ability to function effectively in the Navy environment is significantly impaired.”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20050107 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).  

For the Applicant’s edification, the Separation Code listed in Block 26 of the DD FORM 214 is incorrect.  The Applicant had served less than 6 years of active service; therefore he was not entitled to request an appearance before an Administrative Discharge Board.  The Separation Code currently listed on the DD FORM 214, GPD, is used when a servicemember elects to appear before an Administrative Discharge Board.  In the Applicant’s case, the separation authority should have listed JPD, “No Board”, as the Separation Code for the DD FORM 214.  The Commander, Navy Personnel Command, Millington, TN, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.

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 driving under the influence.  Driving under the influence is a violation of Article 111 of the UCMJ and is considered a serious offense for which a punitive discharge is authorized if adjudged by a special or general court-martial.  Subsequent to the civil conviction, a competent medical authority diagnosed the Applicant as alcohol dependent. The Applicant was admitted to a Level III Substance Abuse Rehabilitation Program and was released due to noncompliance with the program, which constitutes a treatment failure.  The Naval Personnel Manual states that commands shall process for administrative separation all members considered to be treatment failures.  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 denied.  

Since 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 following is provided for the edification of the Applicant.  Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question.  The Board discovered no impropriety after a review of Applicant’s case.  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 Naval service.  The NDRB is authorized 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.  Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of alcohol rehabilitation and treatment, and certification of non-involvement with civil authorities.  As of this time, the Applicant has not provided any post-service documentation to consider mitigating the misconduct that resulted in the characterization of discharge.  Relief

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 additional evidence related to this 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.

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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction.  You should read Enclosure (5) of the Instruction 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 Instruction 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