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

FOR OFFICIAL USE ONLY

ex-AO3, USN
Docket No. ND06-00461

Applicant’s Request

The application for discharge review was received on 20060210.  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 characterization of the discharge shall not change.  The vote was 4 to 1 that the narrative reason for discharge shall not change.  The discharge shall remain General (Under Honorable Conditions) by reason of alcohol rehabilitation failure.

The NDRB did note administrative errors on the original DD Form 214.  Block 18, Remarks, should contain the following statement:  “CONTINUOUS HONORABLE ACTIVE DUTY FROM 990920 UNTIL 021124,” and Block 12a, Date Entered AD This Period, should read:  “99 SEP 20.”  The Commander, Navy Personnel Command, Millington, TN, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.

PART I - ISSUES AND DOCUMENTATION

Decisional Issues:

Equity:  Treated unfairly by command/orders did not provide location of TAD
Equity:  Good work performance

Documentation

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

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

PART II - SUMMARY OF SERVICE

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

	Inactive: A Nat’l Guard	19970405 – unknown	unknown
	Active:   USN	19990920 - 20021125	HON

Period of Service Under Review:

Date of Enlistment:  20021126		Date of Discharge:  20040430

Length of Service (years, months, days):

	Active:    01  05  05  
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  24

Years Contracted:  6

Education Level:  12				AFQT:  67

Highest Rate:  AO3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  4.0 (2) 		Behavior:  2.0 (2) 			OTA:  3.29

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  Navy and Marine Corps Achievement Medal, Kosovo Campaign Service Medal with Bronze Star, Armed Forces Expeditionary Medal, 9MM Pistol Sharpshooter, Flag Letter of Commendation, Armed Forces Service Medal, NATO Medal, Meritorious Unit Commendation, National Defense Service Medal, Sea Service Deployment (3)

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: 

031206:	Commanding Officer, Patrol Squadron 45 notified AO3 E_ (Applicant) of 
being designated a Class ”A” Liberty Risk.  You will not be permitted to posses or consume alcoholic beverages.

031208:	Suspect Rights Acknowledgement/Statement: Art 92-failure to obey order or regulation; Article 86-Absence without leave. MSE was I drinking? Yes MSE, who was I with? Myself MSE, Are aware that you are on class a Liberty Risk? Yes MSE.

031217:	Most recent NAVPERS 1070/613 [Extracted from Commanding Officer’s ltr dtd 040409].

031223:	NJP for violation of UCMJ, Article 92: In that Aviation Ordnanceman Third Class M_ S. E_ (Applicant), USN, Patrol Squadron 45, on active duty, having knowledge of a lawful order issued by the Commanding Officer, Patrol Squadron 45, to wit: Class “A” Liberty Risk Assignment dated 031206, an order which it was his duty to obey, did at or near Naval Air Station, Sigonella, Italy on or about 031208 fail to obey the same by wrongfully indulging in alcohol.
	I understand that nonjudicial punishment may not be imposed on me if, before imposition of such punishment, I refuse impostion of nonjudicial punishment.  I therefore refuse nonjudicial punishment.

040407:	Commanding Officer, Naval Hospital, Jacksonville notified Commanding Officer, VP-45 of AO3 E_(Applicant) being dropped from the Alcohol –IMPACT course at the Substance Abuse Rehabilitation Program(SARP), Jacksonville, due to unauthorized absence on 040405.  AO3 E_ should be considered a treatment failure.

040408:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of Commission of a Serious Offense.

040408:	Applicant advised of rights and having consulted with counsel, elected the right to submit a written statement for consideration by the separation authority, the right to obtain copies of the documents used to support the basis for the separation, and to GCMCA review.

undated:	Commanding Officer, Patrol Squadron 45 recommended discharge with a general (under honorable conditions) by reason of commission of a serious offense.  Commanding Officer’s comments:  “(1) AO3 (AW) E_ (Applicant) violated a written order issued to him from the Commanding Officer Patrol Squadron of assignment to Liberty Risk.  AO3 E_ was in violation of Article 92, Failure to obey order or regulation.  AO3 E_ refused NJP.  (2) AO3 (AW) E_’s serious disregard for orders and the impact on the squadron during deployment was cause for separation.  I recommend separation with a characterization of service as General (under honorable conditions). ”

040409:	Commanding Officer, Patrol Squadron 45 recommended discharge with a general (under honorable conditions) by reason of alcohol rehabilitation failure.  Commanding Officer’s comments:  “AO3 (AW) E_ (Applicant) 
Has had an ongoing problem with assuming responsibility since he joined the command.  He was scheduled for DAPA on 040406 but failed the course due to Unauthorized Absence.  He failed to research where the course would be held until 0630 the morning of the convening date.  This is yet another example of Petty Officer E_ not living up to his responsibility and taking action only when repercussions set in.  His personal problems have had a negative impact on the squadron at home as well as during deployment.  I strongly recommend separation with a characterization of service as General (under honorable conditions).”
 
040421:	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.

040421:	Applicant advised of rights and having consulted with counsel, elected the right to submit a written statement for consideration by the separation authority, the right to obtain copies of the documents used to support the basis for the separation, and to GCMCA review.

040423:	GCMCA, Commander, Navy Region Southwest, directed the Applicant's discharge 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 20040430 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 Board presumed regularity in the conduct of governmental affairs (D).

The Applicant states that he was treated unfairly by his command and that the orders to his Alcohol Rehabilitation treatment were improper because they omitted the location of the treatment.  The record, however, contains no evidence of any wrongdoing by anyone in the discharge process.  The government enjoys a presumption of regularity in the conduct of its affairs.  The Applicant bears the burden of overcoming that presumption through the presentation of substantial and credible evidence to support his issue.  There is no evidence in the record, nor has the Applicant produced any evidence, to support the contention that his discharge was improper.  The Applicant’s statements alone do not overcome the government’s presumption of regularity in this case.  In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge proper and equitable.  Relief denied.  

The Applicant also implies that his discharge was improperly characterized.  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 retention warning and evidence in the record that he drank while assigned to the liberty risk program (a violation of Article 92).  Violations of Article 92 are considered serious offenses for which a punitive discharge is authorized at courts martial.  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 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.

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 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