ex-AOAN, USN
ND07-00636    

Current Discharge and Applicant’s Request

Application Received:  20070417 	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. Three-day rehabilitation class (Prevent) was inadequate to be considered a rehabilitation treatment program and therefore the Applicant should not be considered a Rehabilitation failure.
Decision

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

Date:  20071129      Location:  Washington D.C	 Representation:  

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 .

Issue 2: ().  The Applicant contends that the Three-day rehabilitation class was inadequate to be considered a rehabilitation treatment program and therefore the Applicant should not be considered a Rehabilitation failure.  The record reflects that the Applicant completed the IMPACT course on 20040315 upon command referral after an underage drinking and assault incident that occurred 20031003.  On 20040324 the Applicant received and acknowledged a Retention Warning for underage drinking and assault while intoxicated.  Retention Warning additionally established that further deficiencies could result in administrative separation.  The record reflects that on 20041125 the Applicant was accused of Drunk and Disorderly and subsequently received nonjudical punishment for that incident.  Per OPNAVINST 5350.4C, a member previously assigned to attend Alcohol-IMPACT as a result of an alcohol incident who incurs a subsequent incident does meet the previous treatment requirement for administrative separation processing.  An alcohol incident is defined as an offense punishable under the UCMJ or civilian authority committed by a member where, in the judgment of the member’s CO, the consumption was a contributing factor.  The Board determined the separation process was proper.

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 service was marred by one retention warnings, the award of one nonjudicial punishment (NJP) for violation of the Uniform Code of Military Justice (UCMJ), Article 134 (Drunk and Disorderly).  The Board determined that the negative aspects of the Applicant’s record outweighed the positive aspect of his record.  An upgrade would be inappropriate. 
 
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, Medical and Service Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found that 

Summary of Service

Prior Service:
Inactive: USNR (DEP)	20010815 - 20010924  		Active:   
Period of Service Under Review:
Date of Enlistment: 20010925	Years Contracted:  ; Extension:  	Date of Discharge:  20050204
Length of Service:  3  Yrs  4  Mths  9  Dys	Lost Time: 1 Days UA:  1  Days Confined:  
Education Level:  	Age at Enlistment:  	AFQT:  45	Highest Rank/Rate:  AOAN
Evaluation marks (# of occasions):	Performance:       (  )	Behavior:       (  )	 OTA:  3.07 
Awards and Decorations (per DD 214):  NATIONAL DEFENSE SERVICE MEDAL, NAVY UNIT COMMENDATION (2), NAVY “E” RIBBON, ARMED FORCES EXPEDITIONARY MEDAL, GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL, SEA SERVICE DEPLOYMENT RIBBON, NAVY PISTOL MARKSMANSHIP RIBBON (SHARPSHOOTER)

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

20031003:	Applicant charged with Assault and Underage Drinking

20040306:	SARP Screening results: Applicant has not met the criteria for Alcohol Abuse/Dependency.

20040318:	Ltr from Command Drug and Alcohol Program Advisor to Commanding Officer USS ABRAHAM LINCOLN: IMPACT Recommendation ICO AOAN Butterfield. Recommend Applicant attend IMPACT.  Applicant currently enrolled in Command’s Early Intervention Program.

20040318:	Ltr from Commanding Officer USS ABRAHAM LINCOLN to AOAN Butterfield: Formal evaluation results indicate no alcohol related disorder.  You must attend Alcohol IMPACT and complete the Alcohol Abuse Program Regimen.  Failure to cooperate in and complete the regimen could constitute grounds for NJP.

20040318:	Ltr from Commanding Officer USS ABRAHAM LINCOLN to Command Drug and Alcohol Program Advisor: IMPACT Treatment ICO AOAN Butterfield.  Member demonstrates excellent potential for further service, Alcohol IMPACT Education approved.

20040415:	Applicant completes IMPACT

20040324:	Retention Warning for Underage drinking and assault while intoxicated.  

20040704:	Applicant Unauthorized Absence 0715-0730.

20041125:	Applicant charged with Drunk and Disorderly

20041204:	NJP -- Viol UCMJ Art. 134 – Drunk and Disorderly.
	Awarded - FOP ($500.00) for (2 months); RIR (E-2); Restr for (45 days); Extra duties (45 days).  RIR suspended for 6 mos.

20050117:	Notification of Adverse Performance Evaluation Report.

Discharge Process

Date Notified:					20050109
Reason for Discharge:	 - ALCOHOL REHABILITATION FAILURE
	
Least Favorable Characterization:	

Date Applicant Responded to Notification:		20050109
Rights Elected at Notification:
	Consult with Counsel			
	Obtain Copies of Documents		
	Submit Statement(s) (date)			  
	Administrative Board			
	GCMCA review				

Commanding Officer Recommendation (date):	 (20050112)
Separation Authority (date):	COMMANDING OFFICER USS ABRAHAM LINCOLN (20050112)
              Reason for discharge directed:	 - ALCOHOL REHABILITATION FAILURE
              Characterization directed:	
Date Applicant Discharged:	20050204

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), 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 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