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

FOR OFFICIAL USE ONLY

 ex-ABH3, USN
Docket No. ND06-00926

Applicant’s Request

The application for discharge review was received on 20060706.  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 20070426.  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 - ISSUES AND DOCUMENTATION

Decisional Issues

Propriety – Basis for discharge

Documentation

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

Letter from Applicant, undated
Applicant’s DD Form 214 (Service 2 and 8)
Character Reference ltr from G_ S. C_, Fire Chief, Needham Fire and Rescue, dated 	March 1, 2006
Letter from Applicant, dated November 18, 2006 (4 pages)
Applicant’s grades from North Harris Montgomery Community College District, dated 	November 20, 2006
Two hundred and four pages from Applicant’s medical record
Fifty-six pages from Applicant’s rehabilitation at Naval Medical Center Portsmouth, VA, 	Substance Abuse Rehabilitation Center

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	20010222 - 20010702	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20010703		Date of Discharge:  20050718

Length of Service (years, months, days):

	Active:    04  00  16
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  18

Years Contracted:  4 (11-month extension)

Education Level:  12				AFQT:  49

Highest Rate:  ABH3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.5 (4)	Behavior:  2.5 (4)	OTA:  3.09

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  Navy Unit Commendation, Navy “E” Ribbon, Good Conduct Award, National Defense Service Medal, Sea Service Deployment Ribbon(2)

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: 

020605:	NJP for violation of UCMJ, Article 117: Wrongful use of provoking words on 020322.
Violation of UCMJ, Article 134: Disorderly conduct on 020322.
	Award:  Forfeiture of $300.00 per month for 1 month, restriction and extra duty for 20 days.  No indication of appeal in the record.

020923:	Medical Department, USS THEODORE ROOSEVELT (CVN 71). 
19 year old (Applicant) to medical due to vague suicidal ideations with no specific plan. Able to contract for safety at the moment.  Applicant states harassment by a peer at work and problems of the past are reasons for his feeling like he wants to kill himself.  Attempted suicide at age 10.  
Assessment: Multiple stressors causing his vague S/Is.
Treatment: Further evaluation by a mental health provider. 	

020923:	Naval Medical Center Portsmouth.  Transdisciplinary Discharge Form.		Admissions date:  9/23/02.  Discharge date: 9/25/02.
Diagnosis:  Alcohol dependence.  R/O alcohol induced mood DO.  Personality Disorder NOS with anti-social traits.
19 year old admitted with suicidal ideation S/P CO mast and failing PRT.  Patient has previous suicide attempt in 5/02 which was unreported.  Patient was evaluated by AMS and meets the criteria for ETOH dependence.  At the time of discharge the patient was not suicidal, homicidal or psychotic and had gained maximum benefit of inpatient hospitalization.
Disposition:  Full duty.  Parent command.  No convalescent leave recommended.

021002:	Medical Department, USS THEODORE ROOSEVELT (CVN 71).  The patient (Applicant) was admitted to the hospital from 9/23/02 to 9/25/02 due to suicidal ideations following personal setbacks (CO’s Mast and failing PRT because one of his shoes was taken.)
	Diagnosis:  Do not concur with diagnosis of alcohol dependence.  Applicant’s alcohol use does not meet diagnostic criteria for dependence, and mildly supports diagnosis of abuse due to recurrent social and interpersonal problems, some hazardous use of alcohol, and blackouts.  However, he has a strong family history of alcoholism, and some form of intervention is strongly indicated.  The personality disorder diagnosis may be justified in that he manifests a long-term, low-level dysphoria, which is likely grounded in a characterological borderline personality organization.  There is no support for the rule-out diagnosis of alcohol induced mood disorder in that his moods appear to be independent of his alcohol use.  
	Diagnosis: Axis I Alcohol abuse; nicotine dependence.  
	Axis II:  Marked borderline and antisocial personality traits.
	Axis III: None
	Axis IV: Routine shipboard duty; financial problems
	Axis V: Current GAF: 75
	Recommendations:  The patient is psychologically fit for full duty.  He is not homicidal, he is entirely responsible for his actions, and he contracted for safety.  
	Follow-up plan:  Level I outpatient treatment for alcohol abuse.
	BEAMS anger management class.  Financial counseling.  Continue individual counseling from Chaplain LCDR S_.  Follow-up as needed with Mental Health.  Smoking cessation class.
	The above plan was discussed with the patient who understands and concurs. His chain of command was notified of the conclusions and recommendations of this evaluation.
	CDR P. R. S_ , MSC, USN, Clinical Psychologist.
		
021116:	Medical Department, USS THEODORE ROOSEVELT (CVN 71).   Mental Health Note:  “Applicant to medical due to intense urges to injure shipmates who have been giving him a difficult time.  The Senior Medical Officer had reviewed his record on 10/28/02 and found him unsuitable for flight deck duty.  He has completed anger management training but not yet Level I alcohol treatment.  He continues to manifest borderline and antisocial personality traits, and continued difficulties will indicate a diagnosis of a full personality disorder.  Will continue to monitor, support, and evaluate.  After talking with his DLCPO and the Air Boss, he will be taken off of the flight deck until further notice.  He will be referred for Level I treatment onboard.”

040920:	Medical Department, USS ENTERPRISE (CVN 65), Competence For Duty Examination.  Applicant had alcohol on his breath and a swollen knuckle on left hand at muster.  Applicant reports having drunk 10 mixed drinks and fighting previous evening.  Applicant registered .069 at 0930, 040920.  Applicant determined to be not competent to perform duty, that the condition is not due to disease or injury, and that the Applicant’s condition is due to the use of alcohol.	

040930:	Medical Department, USS ENTERPRISE (CVN 65), Report of Psychological Evaluation.   Referred by Chaplain S_ for a mental health evaluation secondary to concerns about his alcohol use history.  Diagnostic Impressions:  AXIS I: Alcohol dependence without physiological dependence.  AXIS II: Borderline and antisocial personality traits, marked.  Implications and Recommendations: The patient meets the criteria for an alcohol treatment failure per OPNAV Instruction 5350.4C and is subject to administrative separation form the Naval Service unless a written waiver is obtained from the Commander, Navy Personnel Command (COMNAVPERSCOM).

050524:	Naval Medical Center Portsmouth, VA, Substance Abuse Rehabilitation Program (SARP): Applicant admitted 050509.  Applicant discharged:  050524.  Discharge diagnosis:  AXIS I: Alcohol dependence, Nicotine dependence.  AXIS II: Deferred.  AXIS III: No diagnosis.  Applicant unamendable for medical treatment due to mental health issues.

050718:	DD Form 214:  Applicant discharged with a general (under honorable conditions) by reason of alcohol rehabilitation failure, authority:  MILPERSMAN 1910-152.

Service Record did not contain the Administrative Discharge package.  
Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20050718 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 presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (D).

Propriety – Basis for discharge:  The Applicant states that he does not believe he had a mental problem at the time of his discharge.  

The Applicant’s service record documents that the Applicant was referred to psychiatric treatment and counseling on two occasions due to his statements of suicidal ideations and thoughts of intent to injure his shipmates.  During the psychiatric evaluations the Applicant admitted to suicidal ideations, one suicide attempt, and psychiatric counseling prior to his enlistment; none of this information was revealed at the time of his enlistment.   On 20040920 the Applicant underwent a Competence for Duty Exam and was determined to be not competent to perform duty due to alcohol use.  A subsequent examination on 20040930 by competent medical authority determined that the Applicant met the criteria of alcohol treatment failure per OPNAV Instruction 5350.4C.  The Applicant’s command could have initiated administrative separation processing at that time but chose not to.  It was during the Applicant’s subsequent participation in SARP that a competent medical authority determined that the Applicant was not amenable to medical treatment for alcohol dependence due to mental health issues.   In the Applicant’s letter to the NDRB, dated November 18, 2006, the Applicant admitted to cutting his arm and sitting on a ledge (of a building) while attending Level III alcohol rehabilitation.  Willful failure to complete medically prescribed treatment or failure to complete medically prescribed treatment due to a subsequent alcohol incident constitutes grounds for administrative separation.  In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considers his discharge proper and equitable. Relief on this basis is not warranted.

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 nonjudicial punishment proceedings for violations of Articles 117 and 134 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 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.

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), Change 11, 29 April 2005 until Present, Article 1910-152, 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