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

FOR OFFICIAL USE ONLY

ex-ICFN, USN
Docket No. ND06-00763

Applicant’s Request

The application for discharge review was received on 20060517.  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 20070308.  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

Applicant Issue,

The Applicant is requesting a discharge upgrade to honorable based on post service equity.

Documentation

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

Applicant’s DD Form 214 (Member 4)

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	20020412 - 20020624	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20020625		Date of Discharge:  20040630

Length of Service (years, months, days):

	Active:    02  00  06  
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  21

Years Contracted:  4 

Education Level:  12				AFQT:  66

Highest Rate:  ICFN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.3 (3)		Behavior:  2.0 (3)			OTA:  3.00 

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, Overseas Service Ribbon

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: 

020412:	Enlistment waiver approved for 1 Chart ‘C’ non minor misdemeanor.

040109:	Applicant completed American Society of Addictive Medicine (ASAM)  (Alcohol Impact) Treatment.
 
040208:	NJP for violation of UCMJ, Article 86: Absence without leave.
	Violation of UCMJ, Article 92: Failure to obey order or regulation.
	Class Alpha Liberty Risk Policy, an order which it was his duty to obey, did on or about 040114, fail to obey the same by wrongfully consuming alcohol.
	Award:  Restriction and extra duty for 30 days.  Not appealed. 

040208:	Retention Warning:  Advised of deficiency (Article(s) 86 (Absence without leave); 92 (Failure to obey order or regulation.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

040408:	NJP for violation of UCMJ, Article 92: Failure to obey lawful order.
	Specification:  Class Alpha liberty risk personnel are required to be onboard by 2200, and order which it was his duty to obey, did on or about 040402, fail to obey the same by wrongfully staying passed his liberty expiration time.
	Award:  Restriction and extra duty for 30 days. 1/2 months pay for one month.  Not appealed.  

040426:	The Applicant was seen, by competent medical authority, for a screening in the Substance Abuse Rehabilitation Program.  The Following diagnoses and recommendations were made:

	AXIS I: 305.00 Alcohol Abuse.
	AXIS II: Diagnosis Deferred.
	AXIS III: NONE
	AXIS IV: Occupational problems, legal problems. 
	AXIS V: GAF current: 62

Recommendations:  Applicant fit for full duty.
The Applicant is responsible for his actions.
No risk of harm to self/others.
The Applicant was provided with education about his diagnoses.
Results and recommendations were reviewed with the Applicant.
Treatment recommendations:
DAPA to call and schedule an appointment for treatment.
Patient stated he did not want treatment at that time.
	
040622:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of alcohol abuse rehabilitation failure.

040622:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to submit statement for consideration by the Separation Authority and the right to obtain copies of the documents used to support the basis for the separation.

040624:	Commanding Officer directed the Applicant's discharge with a general (under honorable conditions) by reason of alcohol abuse rehabilitation failure.

040626:	Applicant declined alcohol rehabilitation treatment prior to administrative discharge from Naval service due to Alcohol Rehabilitation Failure.  

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20040630 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 request his discharge be upgraded to honorable.  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 retention warning, 2 nonjudicial punishment proceedings for violations of Articles 86 (Unauthorized absence) and 92 (Failure to obey order or regulation) of the UCMJ.  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 is requesting a discharge upgrade to honorable based on his post service accomplishments.  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, and credible evidence of a substance free lifestyle 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 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.

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