ex-IC3, USN
ND07-00215

Current Discharge and Applicant’s Request

Application Received:  20061213 	Characterization Received:  
Narrative Reason:  ALCOHOL REHABILITATION FAILURE Authority:  MILPERSMAN 1910-152

Applicant’s Request:	Characterization change to:  
			Narrative Reason change to: 
Applicant’s Issues:	1. VA Benefits.
2. Unable to reenlist in Occupational Field which prevented him from completing his enlistment.
			3. Unable to reenlist in his Occupational Field.
			4. Discharge unjust.

Decision

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

Date:  20070927  Location: 	 Washington D.C.  The Board found that 
	
Discussion

Issue 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.  

Issues 2-3: ().  The Applicant contends that he could not reenlist in his occupational field preventing him from fulfilling his initial enlisted contract.  The Board presumes government regularity in the conduct of it’s affairs concerning the management of military personnel structure.  The record clearly reflects that the Applicant voluntarily extended his enlistment contract on 20050216 for 27 months, approximately six weeks before the expiration of his initial contract that would have concluded on 20050329.  The Applicant acknowledged, in writing, that the extension to his enlistment would expire 20070628.  Therefore, the Board considered the Applicant’s contract enlistment period to be 20010329 to 20070628. 

Issue 4: ().  The Applicant implies that his discharge was unjust.  The government enjoys a presumption of regularity in the conduct of its affairs.  The Applicant bears the burden of overcoming this 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 he was wrongfully charged and disciplined.  When a Sailor’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions.  A general (under honorable conditions) 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 conduct during the current period of service, which forms the primary basis for determining the character of his service was marred by a Special Courts-Martial for violations of the Uniform Code of Military Justice (UCMJ), Article 92, (Violate a lawful general regulation by wrongfully consuming an alcoholic beverage while under the age of 21), Article 111 (Operate a motor vehicle while under the influence of alcohol), Article 128 (Commit an assault upon a police sergeant by backing out of a parking space while the officer was in his direct path), and 134 (Drunk and disorderly).  Violations of UCMJ Articles 92, 111, 128 are considered serious offenses for which a punitive discharge is authorized if adjudged by a Special or General Courts Martial.  An upgrade to honorable would be inappropriate.  

Summary of Service

Prior Service:
Inactive: USNR (DEP)	2001324 - 20010328  		Active:   
Period of Service Under Review:
Date of Enlistment: 20010329	Years Contracted:  ; Extension:  	Date of Discharge:  20060203
Length of Service:  04  Yrs  10  Mths  05  Dys	Lost Time:  Days UA:    Days Confined:  
Education Level:  	Age at Enlistment:  	AFQT:  57	Highest Rank/Rate:  IC3
Evaluation marks (# of occasions):	Performance:  N/A	Behavior:  N/A		 OTA:  N/A 
Awards and Decorations (per DD 214):  GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL, ARMED FORCES EXPEDITIONARY MEDAL, MERITORIOUS UNIT COMMENDATIONS (2), SEA SERVICE DEPLOYMENT RIBBON(2), NAVY BATTLE "E" RIBBON

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

20010329:	Applicant enlists with an (IC-SURFACE) Class “A” School Guarantee.

20030428:	Applicant arrested for DUI/DWI.

20030609:	Medical Record: Psychological Screening.  Alcohol dependant, patient agrees to treatment.

20030613:	Medical Record.  Patient begins treatment Intensive-Outpatient treatment program.

20030701:	Medical Record.  Patient has met goals stated in his ITP. Recommend transition on 20030703.

20030702:	Medical Record.  Patient discharged, successfully completed treatment.

20030716:	SPCM -- Viol UCMJ Art. 92 -Violate a lawful general regulation by wrongfully consuming an alcoholic beverage while under the age of 21, Art. 111 - Operate a motor vehicle while under the influence of alcohol, Art. 128 - Commit an assault upon a police sergeant by backing out of a parking space while the officer was in his direct path, Art. 134 - Drunk and disorderly.
	Awarded -  FOP ($500.00) for (2 months); RIR (E-3); Confinement (45 days).  CA Action:  20030930 approved and ordered executed.

20050216:	Applicant volunteers to extend enlistment 27 months for School.

20050505:	Drug and Alcohol Abuse Report:  Alcohol abuse, ashore off duty.  Physician found applicant not dependent.  Commanding Officer recommended retention and command level.  Comments:  Substance Abuse Rehabilitation Program Norfolk recommendation from 20050523:  “The service member voiced suicidal thoughts due to life stressors and had drank alcohol on the date in question.  However, at this time alcohol does not appear to be a major contributing factor in this incident.  The service member had already completed Level II treatment and would not benefit from further alcohol treatment at this time based on the current alcohol use history reported.  He was recommended to follow through with NMCP psych evaluation on 20050505.”

20050520:	Substance Abuse Rehabilitation Program
	Assessment:  Alcohol dependence, in partial remission, partnership relationship problem.  Dependent personality trait.
	Recommendation:  Follow through with the recommendations from his psychiatric evaluation on 20050505.

20050523:	Substance Abuse Screening Results:  Applicant was screened by a Navy drug and alcohol counselor on 20050512 and a Licensed Independent Practitioner on 20050520.  Applicant was diagnosed with alcohol dependence, in partial remission, and partner relationships problems.  Recommended to follow through with recommendations from his psychiatric evaluation on 20050505.

20051022:	Applicant arrested for DUI/DWI.

20051206:	Civil Conviction:  Newport News General District/Traffic Court for violation of DWI.
	Sentence:  Fine $250.00, jail for 6 months, suspension of driver’s license, court cost $211.00.  Jail for 5 months and 25 days suspended.

20060106:	Medical Record:  Reason for visit:  Substance Abuse Rehabilitation Program (SARP)
	Admission date:   20051212.  Discharge date:  20060106.
	Diagnosis:  Alcohol dependent, nicotine dependent.
	Recommendation:  Patient met minimal criteria to complete treatment.

Discharge Process

Date Notified:					20060112
Reason for Discharge:	
Least Favorable Characterization:	

Date Applicant Responded to Notification:		20060112
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):	COMMANDING OFFICER, TRAINING SUPPORT CENTER HAMPTON ROADS (20060119)
              Reason for discharge directed:	
              Characterization directed:	
Date Applicant Discharged:	20060203

Types of 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 ABUSE 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, Articles 92, 111 and 128.

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