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

FOR OFFICIAL USE ONLY

ex-HN, USN
Docket No. ND06-00610

Applicant’s Request

The application for discharge review was received on 20060403.  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 20070110.  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

Applicant’s issues, as stated on the application and/or attached document/letter:

“To Whom It May Concern:

My name is S_ B_ (Applicant) (Applicant’s social security number deleted) and I would like to respectfully request that either my RE Code be changed to an RE-3 or RE-2 and/or my discharge be corrected to full honors.

I received an involuntary separated from the Navy due to an alcohol related incident.  I was arrested 13Jan05 and charged with DUI in Durham, NH while stationed at Naval Healthcare New England, Portsmouth, NH.  I take full responsibility for my actions and deeply regret ever letting it happen.  What I did was wrong; I could have seriously injured myself or other people.  I brought discredit upon the Navy and my command.  I let everyone down in my chain of command that ever held me in high regard, I let my parents and siblings down, I let my family down, but most importantly I let myself down.  I was careless in reflecting the image of the core values of Honor, Courage, and Commitment.  I am ashamed of my actions taken that night and will assure you that nothing of this sort will ever happen again.

I miss the military.  I miss waking up every morning and saluting our nation’s colors knowing that the only reason those colors are flying over this land is because of people like me- People that pride themselves on wearing the uniform of this countries military, people that work hard to get what they want, and people that don’t quit when the work becomes hard.

I have been out of the Navy for over a year now.  I did everything asked of me by the courts in the amount of time given.  My driving privileges are fully restored.  I have been working two jobs, one fulltime at the Wentworth by the Sea Hotel and Spa in the front office as a Customer Relations Consultant, and one part-time as a Sales Representative for Abercrombie & Fitch.  Just recently I took a position as store Manager for a privately owned business called Allwireless.  I have also been attending school fulltime, working to complete by Bachelors of Science in Business with a concentration in Marketing.  I am attending school at Southern New Hampshire University where I currently hold a GPA of 3.7.  I am expected to graduate with honors in February 2007 at which time I will depart the great state of New Hampshire only to move back home to Washington State and join the U.S. Army National Guard and attend Officer Candidate School.  I am working hard and staying focused to get back to where I want to be.  Before I do so I would like to request a review of my records of military service, and also changes be made to my DD214.

I would like to requires my discharge be changed to full honors for two reasons; 1.  After careful review of MILPERSMAN 1910-304, description of characterization of service, I strongly feel that my service met all the criteria falling in the Honorable category.  The General category clearly states “significant negatives aspects of members conduct.” I agree that my actions were not becoming of a sailor however I do believe that the quality of my service met honorable standards without “significant negative aspects.”

2.  The second reason I would like my discharge changed is so I qualify for my G.I. Bill.  I joined the service to aid me in financing my continued education amongst other reasons.  I paid into my G.I. Bill and I would like to request to have the opportunity to use that money.

I would also like to request my RE Code be changed to a RE-3 or RE-2.  I plan on serving my country for another fifteen to twenty years and a change of my RE Code would only help with the paperwork and speed up the process of my entrance into the Army National Guard.  I have made mistakes in my life, and for those mistakes, I have learned lessons.  It is my duty to learn from those experiences and apply them to future situations.  It is my duty to teach others who haven’t been through what I have, at is imperative to the continued survival of humankind as a whole to remember who we are and where we came from, and to continue to grow and build on that, both alone and with the help of those around us.

I write to you in desperation and only hope that you might consider my requests expressed to you today.  I have made a mistake and the lesson leaned will not be forgotten.  The Army National Guard has agreed to give me a second chance once I complete my degree.  I ask that you give me a second chance as well.  I have enclosed documentation regarding the nature of my service while on active duty status.  I have also enclosed a copy of MILPERSMAN 1910-304 along with several letters of character from people I see and work with on a daily basis.  Finally, I have enclosed is a letter confirming my successful completion of a certified drug & alcohol intervention program.

Thank you again for your time and I look forward to your response.

Very Respectfully,
[signed]
S_ B_”

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 Application for Correction of Military Records, DD Form 149, undated
Applicant’s Evaluation Report and Counseling Record for period October 11, 2001 to February 16, 2003
Applicant’s Evaluation Report and Counseling Record for period June 26, 2003 to July 16, 2003
Applicant’s Evaluation Report and Counseling Record for period December 2, 2003 to May 25, 2004
Applicant’s Letter of Appreciation for October 6, 2004 to October 14, 2004
Applicant’s Letter of Appreciation for September 25, 2003
Applicant’s Citation to accompany the award of the Joint Service Achievement Medal for December 2, 2003 to May 25, 2004
Applicant’s Certificate of the Joint Service Achievement Medal, dtd May 25, 2004
Applicant’s Certificate of Commendation, dtd February 19, 2004
Applicant’s Certificate of Commendation for November 2003 to June 2004
Copy of MILPERSMAN 1910-304, Change 11, dtd June 2, 2005 (2 pages)
Character Reference ltr from E_ R_, dtd January 8, 2006
Character Reference ltr from R_ W_, English Department, Southern New Hampshire University, dtd November 10, 2005
Letter from Amethyst Foundation, Inc. for completion of Impaired Driver Intervention Program, dtd August 8, 2005
Applicant’s unofficial transcript, Spring semester ’04-’05, from Nichols College, dtd February 25, 2005
Applicant’s grade report from Coastline Community College, dtd January 11, 2005
Applicant’s unofficial transcript from Southern New Hampshire University, dtd March 15, 2006

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	20010202 - 20010807	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20010808		Date of Discharge:  20050318

Length of Service (years, months, days):

	Active:    03  07  11 (does not reflect lost time)
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  18

Years Contracted:  4 (12-month extension)

Education Level:  12				AFQT:  41

Highest Rate:  HN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.3 (4)			Behavior:  2.8 (4)		OTA:  3.13

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  Joint Service Achievement Medal, Joint Meritorious Unit Award, National Defense Service Medal, Global War on Terrorism Service Medal, Sea Service Deployment Ribbon, Navy Sharpshooter Pistol Ribbon, Navy Sharpshooter Rifleman Ribbon, Letter of Commendation (2 awards)

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: 

031024:	Retention Warning: Advised of deficiency (Conduct in a manner to bring discredit upon the Armed Forces).  Notified of corrective actions and assistance available, advised of consequences of further deficiencies, issued disciplinary and discharge warning.

040712:	NJP for violation of UCMJ, Article 134: General article.
	Specification 1: Disorderly conduct, drunkenness.
	Specification 2: Sentinel or lookout; offenses by or against.
	Award:  Correctional custody for 30 days, reduction to E-2 (suspended for 6 months.  No indication of appeal in the record.

040712:	Retention Warning:  Advised of deficiency (Drunkenness and disorderly conduct).  Notified of corrective actions and assistance available, advised of consequences of further deficiencies, issued disciplinary and discharge warning.

050119:	Durham Police Department, Incident Report: Applicant arrested for Driving intoxicated - driving under the influence.

050120:	Applicant notified of intended recommendation for discharge by reason of misconduct - commission of a serious offense and alcohol rehabilitation failure with the least favorable characterization of service as general (under honorable conditions).

050126:	Applicant advised of rights and having consulted with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

050317:	Commanding Officer, Naval Health Care New England, RI directed Officer in Charge, Personnel Support Detachment, Brunswick, to discharge Applicant by reason of alcohol rehabilitation failure with a characterization of service as general (under honorable conditions).

050408:	Commanding Officer, Naval Health Care New England, Newport, RI informed Commander, Navy Personnel Command (PERS-832) of Applicant’s discharge by reason of alcohol rehabilitation failure (MILPERSMAN 1910-152) with a characterization of service as general (under honorable conditions).  Commanding Officer’s comments:  “HN B_ (Applicant) was separated by reason of Alcohol Rehabilitation Failure.  HN B_ received nonjudicial punishment on 040712 and was found guilty of violation of UCMJ Article 134 - General Article: Disorderly conduct, drunkenness; and Sentinel or lookout offenses by or against.  He completed IMPACT in August 2004.  HN B_ had an additional alcohol related incident on 050119, enclosure (3).  HN B_ requested additional alcohol treatment and commenced an outpatient treatment on 050228, but was dropped from the program due to inappropriate and immature behavior, enclosure (7).”

Service Record contains a partial Administrative Discharge package.  

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20050318 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).

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 2 retention warnings, a nonjudicial punishment proceeding for violations of Article 134 of the UCMJ and a civilian incident involving driving under the influence of alcohol occurring after an initial alcohol rehabilitation treatment program.  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 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 of the propriety and equity of the discharge.  

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.

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 evidence submitted by the Applicant, the Board determined that the discharge was appropriate and that the evidence of post-service conduct was found not sufficient to mitigate the conduct which precipitated the discharge.  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 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 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