ex- HTFN, USN

Current Discharge and Applicant’s Request

Application Received: 20200620
Characterization of Service Received:   
Narrative Reason for Discharge:   ALCOHOL REHABILITATION FAILURE
Authority for Discharge:   MILPERSMAN 1910-152 [ALCOHOL REHABILITATION FAILURE] 

Applicant’s Request:	Characterization change to:	
Narrative Reason change to: REQUESTED BUT NOT SPECIFIED
Reentry Code change to: NONE REQUESTED

Summary of Service

Prior Creditable Service:
Inactive:	 	            	Active:	  

Period of Service Under Review:
Date of Enlistment:  20030923	Age at Enlistment:  22
Period of Enlistment:  4Years   Extension
Date of Discharge:  20061215	Highest Rank/Rate:  HT3
Length of Service:  03  Year(s)  02  Month(s)  23  Day(s)
Education Level:  12	AFQT:  62
Deployment/Operation: 

Evaluation Marks (# of occasions):  Performance/Proficiency: 2.0 (1)   Behavior/Conduct: 1.0 (1)   OTA: 1.33 
Fitness Reports: 

Awards and Decorations (per DD 214):	Rifle EX Pistol EX GCM GWOTSM GWOTEM NDSM NAVY “E” NUC SSDR (2)

Periods of UA:  NONE
Periods of CONF:  NONE
Other Time Lost per DD214:  NONE

SCM:     SPCM:     CIVIL ARREST:     CC:     Retention Warning Counseling:  NONE

NJP:  1

- 20060530:	Article 92 (Failure to obey order, regulation) 
	Article 134 (General article)
	Awarded: RIR FOP RESTR EPD   Suspended:      

Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative error(s) on the original DD Form 214:

	   “JPD”
	
The NDRB will recommend to Commander, Navy Personnel Command or Commandant of the Marine Corps that the DD 214 be corrected as appropriate.

Types of Documents Submitted/reviewed

	DD 214:		Service/Medical Record:		Other Records:	
	Employment:		Finances:		Education/Training:	
	Health/Medical Records:		Rehabilitation/Treatment:		Criminal Records:	
	Personal Documentation:		Community Service:		References:	
	Department of VA letter:		Other Documentation:	

Additional Statements

	From Applicant:		From/To Representation:		From/To Congress member:	
 
Types of Witnesses Who Testified

	Expert:  			Character:    

	Witness E-1:			Witness C-1:	
	Witness E-2:			Witness C-2:

Pertinent Regulation/Law

A.  Navy Military Personnel Manual, (NAVPERS 15560D), Change 11, 29 April 2005 until 14 May 2008, Article 1910-152, SEPARATION BY REASON OF ALCOHOL REHABILITATION FAILURE.

B.  Secretary of the Navy Manual 5420.1 of 29 September 2020 (Standards for the execution of the Naval Discharge Review Board).

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

Applicant’s Issues

1.	The Applicant contends his discharge is improper and inequitable because he was not an alcohol rehabilitation failure and he received insufficient treatment for his alcohol abuse.
2.	The Applicant contends stress, anxiety, and sexual harrassment were contributing factors in his alcohol abuse and associated misconduct.
3.    The Applicant contends his post-service conduct and achievement warrants consideration for an upgrade.

Discussion

Date:  20210126		Location:  WASHINGTON D.C.	Representation:  

The Naval Discharge Review Board (NDRB), under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted.  In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant.  The Board completed a thorough review of the circumstances that led to the discharge and the discharge process to ensure the pertinent standards of equity and propriety were met.

As a result of the Applicant’s claim of a mental health condition, including PTSD, TBI, or Military Sexual Trauma, and in accordance with 10 U.S.C. § 1553, the NDRB included a member who is a physician, clinical psychologist, or psychiatrist.  
Additionally, and pursuant to § 1553, the NDRB reviewed the case with liberal consideration that a mental health condition, including PTSD, TBI, or Military Sexual Trauma potentially contributed to the circumstances resulting in the discharge of a lesser characterization.  A review of the record revealed that the Applicant did not deploy in support of a contingency operation, and so this case did not warrant an expedited review in accordance with § 1553.

The Applicant's record of service included:

  for  of the Uniform Code of Military Justice (UCMJ): 
Article 92 (Failure to obey order, regulation) 
Article 134 (General article)

Issue 1:  The Applicant contends his discharge is improper and inequitable because he was not an alcohol rehabilitation failure and he received insufficient treatment for his alcohol abuse.

In support of this issue, the Applicant provided a personal statement in which he discussed getting into trouble and he completed an alcohol rehabilitation program.  The Applicant is of the opinion that he should have received more intensive treatment for his alcohol abuse.  Following some period of treatment, the Applicant stated he made a foolish decision while on deployment and this decision involved a relapse of alcohol use and a momentary lapse of judgment.  

In review of the evidence of record, the NDRB found the Applicant served for a period of three years and three months.  During this period, the Applicant received below average evaluations and he was subject to and found guilty at NJP for violation of Articles 92 and 134.  Aside from the Article 134 offense that cited drunk and disorderly conduct, the NDRB did not find any substantive detail concerning these offenses.  The Applicant’s NJP took place in May 2006 and the record indicated that he underwent multiple substance abuse evaluations and periods of treatment prior to his documented misconduct.  In February 2005, the Applicant completed a substance abuse prevention course.  In March 2005, the Applicant was referred to a substance abuse evaluation due to receiving three counselings about his alcohol consumption.  In September 2006, some six months after the Applicant’s NJP, he was again a referred by his command to a substance abuse evaluation due to numerous Alcohol Related Incidents.  From this evaluation, the substance abuse counselor noted that he had twice completed a substance abuse prevention course and he reported no psychiatric history while denying any current mental health issues.  From this evaluation, the Applicant was diagnosed with Alcohol Abuse and assigned to a two week outpatient program.  Following completion of this outpatient program, he was provided an aftercare program.  In August 2006, the Applicant was again referred to a substance abuse evaluation after an alcohol related incident in which he had cuts to his head and cheek, and was found to have a blood alcohol content of .159.  In December 2006, the Applicant underwent a separations physical and he reported no significant medical or mental health concerns. 

Based on a review of the Applicant’s service records and available evidence, the NDRB determined the Applicant sufficiently met the requirements for separation for Alcohol Rehabilitation Failure.  Regulations state that a service member is deemed a treatment failure by a credentialed and privileged physician or psychologist in cases where a service member incurs a subsequent alcohol related incident after entering a prescribed alcohol abuse or dependency treatment/aftercare program that is precipitated by a prior alcohol related incident.  In this case, the Applicant had multiple substance abuse referrals based on a history of alcohol abuse and Alcohol Related Incidents.  From these referrals, he was assigned substance abuse prevention counseling and/or more intensive outpatient treatment.  Subsequent to his diagnosis of Alcohol Abuse, he incurred an additional Alcohol Related Incident.  

The characterization of separation for Alcohol Rehabilitation Failure is Honorable, General (under honorable conditions), or Uncharacterized.  Upon full review of the facts and circumstances of this case, the NDRB determined his service was honest and faithful, but significant negative aspects of his conduct or performance of duty outweighed the positive aspects of the his service record and the awarded characterization of service is warranted.  Furthermore, the NDRB concluded his discharge was proper in that he was appropriately referred to substance abuse evaluations and at the time of these evaluations, a competent medical authority assigned him to suitable treatment.  Relief denied.  

Issue 2:  The Applicant contends stress, anxiety, and sexual harassment were contributing factors in his alcohol abuse and associated misconduct.

In support of this issue, the Applicant asserted that his alcohol abuse was brought on by high levels of stress, anxiety, and episodic sexual harassment.  Specific to the sexual harassment, the Applicant stated a Lead Petty Officer repeatedly made sexual and homosexual comments to him.

The government enjoys a presumption of regularity in the conduct of its affairs and the Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue.  The NDRB reviewed the Applicant’s service and medical records and found no evidence to support his claim that he had encountered or expressed a high level of stress, anxiety, or sexual harassment.  The record reflects the Applicant was seen multiple times in private medical and mental health settings for routine ailments and substance abuse.  In each of these evaluations, there was no reference to any symptomology associated with the Applicant’s claims, nor were there any complaints of sexual harassment.  Although the Applicant may feel that his asserted stressors were the underlying cause of his alcohol abuse, the record reflects willful misconduct that demonstrated he was unfit for further service.  Lacking any compelling evidence by the Applicant to the contrary, the NDRB found that his abuse of alcohol involved deliberate and conscious decisions.  Relief denied.

Issue 3:  The Applicant contends his post-service conduct and achievement warrants consideration for an upgrade.

In support of this issue, the Applicant seeks a change in his discharge in order to further his educational and professional aspirations.  Within the Applicant’s petition, he provided a resume, four characters statements, a negative criminal history report, and two workplace recognition letters.

The NDRB considers outstanding post-service conduct to the extent in which such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  However, post-service conduct does not guarantee an upgrade from an unfavorable discharge as each discharge is reviewed by the NDRB on a case by case basis.  In full review of the record and the documentation provided for review, the determined that the characterization of service received was appropriate considering the circumstances for the Applicant’s separation and his documented misconduct.  Relief denied.

Decision

After a thorough review of the available evidence, to include the Applicant’s issues, summary of service,  record entries, and discharge process, the Board found .  Therefore, the awarded characterization of service shall  GENERAL (UNDER HONORABLE CONDITIONS), the narrative reason for separation shall  ALCOHOL REHABILITATION FAILURE with a corresponding separation code of JPD, and the reentry code shall  RE-4.  The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of the discharge.  The Applicant is directed to the Addendum for additional information.

ADDENDUM:  Information for the Applicant

Complaint Procedures: If you believe 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/.  More information is available at http://www.secnav.navy.mil/mra/CORB/pages/ndrb/default.aspx.

Additional Reviews: After a document review has been conducted, former members are eligible for a personal appearance or telephonic hearing, provided the application is received at the NDRB within 15 years of the Applicant’s 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.  There are veterans organizations such as the American Legion and the Disabled American Veterans that are willing to provide guidance to former service members in their efforts to obtain a discharge upgrade.  If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted their opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490, or http://www.secnav.navy.mil/mra/bcnr/Pages/default.aspx for further review.

Service Benefits: The U.S. Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not the NDRB.  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 NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities.  Regulations limit the NDRB’s review to a determination of the propriety and equity of the discharge.

Reenlistment/RE-code: The NDRB is authorized to change a NDRB Applicant’s Reenlistment Code if related to an accompanying change in discharge characterization or narrative, but this authority is strictly limited to those cases where an applicant’s narrative reason or characterization of discharge is changed and that change warrants revision of the previously issued reenlistment code.  Additionally, the NDRB 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 is processed subsequently for an administrative involuntary separation or is referred to a court martial for misconduct, the disability evaluation is suspended pending the outcome of the non-disability proceedings.  If the action includes either a punitive or administrative discharge for misconduct or for any basis wherein an Other Than Honorable discharge is authorized, 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 other medical related reasons.  Only the BCNR can grant this type of narrative reason change.

Automatic Upgrades: There is no law or regulation that provides for an unfavorable discharge to be upgraded based solely on the passage of time or good conduct subsequent to leaving naval service.

Post-Traumatic Stress Disorder and/or Traumatic Brain Injury: For all claims involving PTSD and/or TBI, the NDRB’s review implemented the guidance set forth in the SECDEF Memorandum of 3 September 2014 (Supplemental guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder).  In accordance with U.S. Code, Title X, Section 1553 (d)(1) & d(2), the NDRB included a member who is a physician, clinical psychologist, or psychiatrist and accorded the case sufficient priority to achieve an expedited resolution and a final decision.

Post-Service Conduct: The NDRB is authorized to consider post-service factors in the recharacterization of a discharge.  Outstanding post-service conduct, 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, is considered during Board reviews.  Documentation to support a post-service conduct upgrade includes, but is not limited to: a verifiable continuous employment record; marriage and children’s birth certificates (if applicable); character witness statements; documentation of community or church service; certification of non-involvement with civil authorities; evidence of financial stability or letters of good standing from banks, credit card companies, or other financial institutions; attendance at or completion of higher education (official transcripts); and documentation of a drug-free lifestyle.   The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case-by-case basis to determine if post-service accomplishments help demonstrate  in-service misconduct was an aberration and not indicative of the member’s overall character.

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 special 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.  The NDRB does not have the jurisdictional authority to review a discharge or dismissal resulting from a general court-martial.

Board Membership: The names and votes of the members of the NDRB 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.

Military Sexual Trauma: The Department of Veterans Affairs (VA) uses the term "military sexual trauma" (MST) to refer to experiences of sexual assault or repeated, threatening sexual harassment experienced while on federal active duty, active duty for training, or inactive duty training.  To get confidential one-on-one help please contact the MST Coordinator at your nearest VA Medical Center or Call Safe Helpline at 1-877-995-5247 or visit www.mentalhealth.va.gov/msthome.asp.

Reporting Military Sexual Trauma: To report a military sexual trauma, you can make an anonymous report to the Naval Criminal Investigative Service (NCIS) by Text or Online.  The NCIS Tip Line provides service members, veterans and civilians a safe, discreet and ANONYMOUS option to report criminal and force protection threats within the USN and USMC without concerns of retaliation.  To report a crime by Text: Text  274637 (CRIMES); Type “NCIS” at the top of the message; and include as much detail as possible to ensure your tip can effectively be investigated.  To send your ANONYMOUS Tip via the online, go to https://www.tipsubmit.com/webtipsNAV.aspx?AgencyID=840.

Suicide Prevention: Veterans in emotional crisis or their loved ones can call the free and confidential Veterans Crisis Line at 1-800-273-8255 (then press 1); or chat online at http://www.veteranscrisisline.net, or send a text message to 838255 to connect with a caring, qualified Veteran Affairs Responder who can deal with any immediate crisis.