ex-ENFA, USN
ND07-00046

Current Discharge and Applicant’s Request

Application Received: 20061018	Characterization of Service:  
Reason for Discharge:  ALCOHOL REHABILITATION FAILURE  	Discharge Authority: MILPERSMAN 1910-152

Applicant’s Request:	Characterization change to:  
			Narrative Reason change to: 
	
Applicant’s Issues (as summarized by NDRB):
1.  Want GI Bill
2.  Medical problems contributed to reason for discharge.

Decision

By a vote of  the Characterization shall  .	
By a vote of  the Reason for Discharge shall  ALCOHOL REHABILITATION FAILURE.

Date of Decision:  20070823		Location of Board:  WASHINgton D.C. 

Discussion

Issue(s) 1:   either  which the Board cannot form the basis of relief for the Applicant, or  the Board does not have the authority to grant the relief for which the Applicant petitioned.  The Applicant is directed to the Addendum regarding .  

Issue 2 ().  The Applicant implies that his problems in the Navy can be attributed to his “medical issues.”  The Board was unable to discern any connection between the medical problems the Applicant cited (spider bite, asbestos) and his clearly documented alcohol abuse rehabilitation failure.  Further, the Applicant’s record indicates that he met the criteria for discharge for misconduct due to commission of a serious offense or due to a pattern of misconduct.  The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. In light of the Applicant’s documented 2 retention warnings, 3 nonjudicial punishments and his alcohol rehabilitation treatment failure, the Board determined that an upgrade of his characterization of service to honorable was not warranted.  

In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant.  After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Medical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge proper and equitable.

Summary of Service

Prior Service:  Inactive: USNR (DEP)  20030623 - 20030707  		Active:   				
Period of Service Under Review:
Date of Enlistment:  20030708	Years Contracted:  ; Extension:    	Date of Discharge:  20050919
Length of Service:  02  Yrs  02  Mths  12  Dys  (does not exclude lost time)	Lost Time:  
Education Level:  	Age at Enlistment:  	AFQT:  33	Highest Rate/Rank:  ENFN
Performance Evaluation Averages (number of marks):  Performance: 3.0(4) Behavior: 2.3(4) OTA: 2.78
Awards and Decorations (as listed on the DD Form 214):  NATIONAL DEFENSE SERVICE MEDAL, BATTLE "E" RIBBON, GWOT SERVICE MEDAL

Medical/Service Record Entries Related to Characterization of Service or Reason for Discharge

Not dated:	Waiver for pre-service 1 Chart “C” offense on 20030527.

20031022:	OIC NJP for viol UCMJ, Art 121: Larceny (switching price tag at Navy Exchange).  Award:  FOP $240.00 for 1 month ($115.00 suspended for 6 months), Rest/EPD 14 days (9 days suspended for 6 months).
	
20040406:	Medical entry:  Reason for visit:  referred for substance abuse evaluation—at work with alcohol on breath, 20040214.  
	Diagnosis:  No diagnosis V79.1
	Recommendation:  Substance Abuse treatment indicated, recommended Impact course.

20050331:	Medical entry:  Reason for visit:  screening for Substance Abuse Rehabilitation Program.
	Diagnosis:  AXIS I:  305.00 Alcohol Abuse (Sustained Full Remission).
	Recommendation:  Schedule counseling with base Chaplain (family issues), DAPA to call and schedule an appointment for treatment, DAPA monitoring for 12 month(s), ASAM Level 2, Intensive Outpatient Treatment for Alcohol Abuse, Physical exam required 30 days before attending treatment.

20050420:	CO NJP for viol UCMJ, Article 92: Failure to obey lawful order or regulation and Art 134: Drunkenness, incapacitation for performance of duties through prior wrongful indulgence in intoxicating liquor or any drug. 
	Award:  Rest/EPD 45 days (15 days Rest suspended), reduction to E-2 (suspended).
	
20050420:	Retention Warning for Art 92 (Failure to obey lawful order or regulation) and Art 134 (Drunkenness, incapacitation for performance of duties through prior wrongful indulgence in intoxicating liquor or any drug).

20050722:	Completed Level II Substance Abuse Rehabilitation Program.  Required to participate in a one year aftercare plan. 

20050816:	Retention Warning for alcohol dependence.

20050908:	CO NJP for viol UCMJ, Art 134: Disorderly conduct, drunkenness, and Art 134: Threat, communicating.  
	Award:  Forfeiture of $692.25 for 2 months, reduction to E-2.

Elements of Discharge:  [INVOLUNTARY]

Date Notified:					NOT FOUND IN RECORD
	Reason for Discharge
	Least Favorable Characterization Authorized:	

Date Applicant Responded to Notification:		NOT FOUND IN RECORD
Rights Elected at Notification: 			
Consult with Counsel			
Obtain Copies of Documents		
Submit Statement(s) (date)			 
Administrative Board			
GCMCA Review				
Commanding Officer Recommendation (date):	
Separation Authority (date):			
	Reason for discharge directed:		
	Characterization directed:			
Date Applicant Discharged:			20050919

Additional Documents Submitted by Applicant and Considered By Board

Related to Military Service:	Service and/or Medical Record:  		Other Records:  

Related to Post-Service Period:  	
	Employment:  			Finances:  			Education: 		
	Health/Medical Records:  		Substance Abuse:			Criminal Records:  	
	Family/Personal Status: 		Community Service:  		References:  		
	
Additional Statements From Applicant:  	From Representative:    
Other Documentation (Describe)       
 
Pertinent Regulation/Law

A.  Navy Military Personnel Manual, (NAVPERS 15560C), Change 11, 29 April 2005 until Present, Article 1910-152, SEPARATION BY REASON OF ALCOHOL REHABILITATION FAILURE.

B.  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 V, Para 502, Propriety and Para 503, Equity.

C.  The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 92, Failure to obey order or regulation; Article 121, Larceny; and Article 134, Threat, communicating.

ADDENDUM:  Information for the Applicant

Complaint Procedures:  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 to the Joint Service Review Activity, OUSD (P&R) PI-LP, The Pentagon, Washington, DC  20301-4000.  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.”

Additional Reviews:  Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the 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.  If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

Service Benefits:  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.

Employment/Educational Opportunities:  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.  

Reenlistment/RE-code:  Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.  Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.  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.

Medical Conditions and Misconduct:  DoD disability regulations do not preclude a disciplinary separation.  Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons.  Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended.  The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings.  If the action includes either a punitive or administrative discharge for misconduct, the medical board report is filed in the member’s terminated health record.  Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD.”  Only the Board for Correction of Naval Records can grant this type of narrative reason change.  

Automatic Upgrades - 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 may be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.  

Issues Concerning Bad-Conduct Discharges (BCD) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief.  With respect to a discharge adjudged by a court-martial, the action of the NDRB is restricted to upgrades based on clemency.  Clemency is an act of leniency that reduces the severity of the punishment imposed.  

Board Membership:  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