ex-MS1, USN
ND07-00413

Current Discharge and Applicant’s Request

Application Received:  20070213 		Characterization Received:  
Narrative Reason:  ALCOHOL REHABILITATION FAILURE		Authority:  MILPERSMAN 3630550

Applicant’s Request:	Characterization change to:  
			Narrative Reason change:  

Applicant’s Issues:	1.  Drinking was in response to Fathers death.
			2.  Post service – employed, honorable citizen, family

Decision

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

Date:  20071025  					Location:  Washington D.C. 	

Discussion

Issue 1 ():  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an impropriety in the discharge process.  The Board voted 5-0 that the characterization of service shall change to Honorable.  

The Commander of USS SACRAMENTO (AOE 1) chose to discharge the Applicant by recommending the Applicant’s discharge to BUPERS by reason of alcohol abuse rehabilitation failure with a service characterization of honorable.  BUPERS then directed the Applicant’s discharge as requested stating that the characterization of service should be assigned based on enlisted performance evaluations.  The Applicant’s evaluation average of 3.4 is within the honorable range.  The Applicant’s records contained no evidence of misconduct and based upon the CO’s recommendation of honorable the Board determined by unanimous vote, that relief is warranted.  

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

Summary of Service

Prior Service:
Inactive: USNR (DEP)	19800703 - 19800824  		Active:   	19800825 - 19840625  
								Active:   	19840626 - 19910825  									Active:   	19910826 - 19940721  
Period of Service Under Review:
Date of Enlistment: 19940722		Years Contracted:  	Date of Discharge:  19950620
Length of Service:  00  Yrs 10 Mths 29 Dys			Lost Time:  
Education Level:  	Age at Enlistment:  	AFQT:  39	Highest Rank/Rate:  MS1
Evaluation marks (# of occasions):	Performance:  3.4		Behavior:  3.4	 OTA:  3.40 (2)
Awards and Decorations (per DD 214):  NATIONAL DEFENSE SERVICE MEDAL, SEA SERVICE DEPLOYMENT RIBBON (5), NAVY EXPEDITIONARY MEDAL, HUMANITARIAN SERVICE MEDAL, SOUTHWEST ASIA SERVICE MEDAL (W/BRONZE STAR), ARMED FORCES EXPEDITIONARY MEDAL, NAVY ACHIEVEMENT MEDAL, MERITORIOUS UNIT COMMENDATION, 3RD GOOD CONDUCT MEDAL

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

19940722:	Reenlisted for six years (4th term).

19950209:	Medical Record:  Applicant readmitted two days after discharge from psychiatric ward after applicant stated he had constant suicidal thoughts.
	Diagnosis:  Alcohol dependence.  Dependent personality traits.
	Recommendation:  Applicant discharged to medical hold awaiting admission to ARD on 19950221.

19950221:	Applicant enrolled in Level III Alcohol abuse treatment at Alcohol Rehabilitation Department, Naval Hospital Bremerton, Washington for treatment.

19950222:	Applicant discharged from Level III Alcohol abuse treatment at Alcohol Rehabilitation Department, Naval Hospital Bremerton, Washington due to unauthorized absence.

Discharge Process

Date Notified:					19950405
Reason for Discharge:	
Least Favorable Characterization:	

Date Applicant Responded to Notification:		19950405
Rights Elected at Notification:
	Consult with Counsel			
	Obtain Copies of Documents		
	Submit Statement(s) (date)			
	Administrative Board			
	GCMCA review				

Commanding Officer Recommendation (date):	 (19950408)
Separation Authority (date):	BUPERS (19950516)
              Reason for discharge directed:	
              Characterization directed:	 EVALS
Date Applicant Discharged:	19950620

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.  The Naval Military Personnel Manual, (NAVPERS 15560C, Change 9, effective 22 July 1994 until 2 October 1996), Article 3630550, SEPARATION OF ENLISTED PERSONNEL 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.

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