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Docket No. ND00-00632

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

ex-BMSN, USN
Docket No. ND00-00632

Applicant’s Request

The application for discharge review, received 000418, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a personal appearance hearing discharge review before a traveling panel closest to Fort Smith, AR.  The applicant did not list any representative on the DD Form 293.  Subsequent to the application for review the applicant converted to a documentary discharge review. 

Decision

A documentary discharge review was conducted in Washington, D.C. on 010313.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Pattern – frequent involvement of a discreditable nature with civil or military authorities, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

I respectfully request a review of my other than honorable discharge dated 7/8/1985. 1 would like to make a statement based on two things.

1.	My records while in the US Navy.

2.	My life since being discharged.

When you review my records, you will see that I had good marks and a good record leading up to the events that led to my discharge.  I was in for eleven and one half years, and other than getting married without permission, I had I believe three disciplinary actions in this time frame.  Two of them were back to back and led to my discharge.  I believe this is excessive for someone with my record. I was involved in the evacuation of Vietnam in 1975, while stationed on board the USS Prairie (AD-15), working with the care and transportation of refugees while in the Philippines. I was also a boat Coxswain for liberty boats at the Black Ships Festival in Shimoda Japan.  This was an assignment very coveted, and only a few are chosen.  I received a letter of accommodation for running a boat on the last day during a heavy storm.  It was so heavy that the liberty ship was dragging anchor, and had to Pull out. I also served proudly and with exemplary service at Amphibious construction Battalion one, at Coronado California, from 1979-1981. If you look at my quarterly marks all through my eleven and one half years in the U.S. Navy, you will see that I had a long list of very good marks. I received a Humanitarian award for assisting Vietnamese Boat Refugees while on board the USS O'Brien (DD-975). I was also in charge of the Captains Gig at one time of another at each of the three commands I was stationed.  Most Boatswains mates could spend a whole twenty-year career and never get assigned the Captains Gig.  Needless to say, this is a very prestigious assignment. I would like to talk about the events that led up to my discharge.  I had some personal problems, and made some very bad decisions.  I had developed a drinking problem, and had been arrested three times for driving under the influence.  I attended the Navy Alcohol Rehabilitation program two times.  I attended in 1908 and again in 1984.  I was sent both times because of the violations.  I never had any alcohol related incidents at my commands, but it was a problem nonetheless.  I had quit drinking a little while after the 1984 rehab, but, I started back just before the problems that led up to the discharge. I also had problems in my Married life.  We had been separated and she came back during this time, 1985, saying that she wanted to come back to me.  I gave her a lot of money to move back from Hawaii, and she took the money and moved to the east coast.  She never even bothered to tell me.  I still have never seen her since then. I had received an advancement to E-6 (BM-1), to Leading Petty Officer of the division.  This was a big move with a lot of added responsibility and stress.  If it had not been for the other problems, I believe I could have handled the challenge. I believe that all of these things added up to be a lot of stress, and pressure that I could no longer deal with.  I dealt with it by giving up.  I know that it was a very bad choice, but at the time I felt like it was the only one.  I took short periods of unauthorized absence on two occasions to get away, only making my problems worse.  When I came back I was sent to Captains Mast where I was sentenced to an Other than Honorable discharge.  I was then moved to Legal Hold on base where I was told that I could just accept the discharge, and be out in a few days, or I could contest it and I could be held up to several months incarcerated.  Having already given up, I just accepted the quick way out. I realize I made some very bad decisions.  If I could go back and do it over again, I would try to do things different.  I would probably try to get some kind of stress counseling, but at the time I didn't even know about these things. I was a very proud Navy Man, a very proud Boatswains mate.  I am still very proud to be a veteran, to have served in the best Navy in the world.  I still have crossed anchors, the symbol of a Navy Boatswains mate, tattooed between my thumb and finger.  I along with the thousands of Boatswains mates that got them, felt like they were earned.  They are a symbol of pride.  I still think with pride about the time I spent in the U.S. Navy, with the exception of the discharge being a major black mark on my life. I would like to talk about my life since the U.S. Navy.  I have never had any problems with alcohol, police or otherwise.  I have had an outstanding police and driving record.  I have worked for the U.S. Postal Service since 1/7/1995.  I have a ten percent service related disability from the V.A., and I am happily remarried. I have nothing to gain from this financially.  My gain would be my dignity, self worth, and closure.  Not a day goes by where this doesn't haunt me.  Please allow me to hold my head up a little higher by granting my request to upgrade my discharge to honorable.  I plead guilty to being young, stupid, and not being able to deal with my problems.  My life has definitely been on the right track since I got out. I will greatly appreciate your consideration.

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Copy of DD Form 214

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:   USN			740314 - 771215	HON
		   USN			771216 - 811218	HON
	Inactive: USNR (DEP)	None

Period of Service Under Review:

Date of Enlistment:  820201		Date of Discharge:  850708

Length of Service (years, months, days):

	Active:    03  03  10
	Inactive:  None

Age at Entry:  26			Years Contracted:  5 

Education Level:  12			AFQT:  83

Highest Rate:  BM1

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.70 (4)	Behavior:  2.65 (4)		OTA:  2.70

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, Battle"E"Ribbon, SSDR (4^TH), HSM, MUC 

Days of Unauthorized Absence:  46 

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Pattern – frequent involvement of a discreditable nature with civil or military authorities, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

840203:	Retention Warning from [USS OBRIEN (DD 975)]:  Advised of deficiency (Abuse of alcohol as evidenced by your DUI on 30 December 1983), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

841126:	NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ Article 87: Missing ship's movement.
	Award:  Reduction to E-5 (suspended for 6 months).  No indication of appeal in the record.

841205:	Retention Warning from [USS OBRIEN (DD 975)]:  Advised of deficiency (Your unauthorized absence 06-18 November 1984, and missing ship's movement 13 November 1984.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

841227:	NJP for violation of UCMJ, Article 86: Unauthorized absence from on or about 841210 until on or about 841214 [4 days/S], violation of UCMJ Article 87: Missing movement on or about 841210.
	Award:  Forfeiture of $200.00 per month for 1 month, restriction to the limits pf the ship for 14 days, reduction to E-5 (suspended for 6 months).  No indication of appeal in the record.

841227:	Reduction to E-5 suspended for 6 months at CO's NJP on 841126 vacated.

850102:	Retention Warning from [USS OBRIEN (DD 975)]:  Advised of deficiency (Your unauthorized absence 10-14 December 1984, and missing ship's movement 10 December 1984.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

850602:	Report of Declaration of Deserter (NAVPERS 1600-3).  Applicant declared a deserter on 850601 having been an unauthorized absentee since 0700, 850503 from USS OBRIEN (DD 975).

850617:	Report of Return of Deserter.  Applicant surrendered to military authorities on 850614 (1545).  Returned to military control 850614 (1545).  Retained onboard for disciplinary action.

850617:	Reduction to E-5 suspended for 6 months at CO's NJP on 841227 vacated.

850618:	NJP for violation of UCMJ, Article 86: Unauthorized absence from on or about 850503 until on or about 850614 [42 days/S], violation of UCMJ Article 87: Missing movement on or about 850507.
	Award:  Forfeiture of $400.00 per month for 2 months, restriction to the limits of TPU SAN DIEGO, CA for 45 days, extra duty for 45 days, reduction to E-3.  No indication of appeal in the record.

850618:	[USS OBRIEN DD 975] notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to commission of a serious offense.

850618:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

850627:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to commission of a serious offense. 

850701:	CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct - pattern – frequent involvement of a discreditable nature with civil or military authorities.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 850708 under other than honorable conditions for misconduct pattern frequent involvement of a discreditable nature with civil or military authorities (A).  The Board presumed regularity in the conduct of governmental affairs (B.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

The Board found that the applicant had 3 NJPs consisting of missing movements and unauthorized absences for 42 days and 4 days, in addition to receiving 3 retention warnings.  The applicant clearly established a pattern of misconduct.  The applicant’s serious misconduct outweighs the positive aspects of his service, and therefore the Board finds that the characterization of other than honorable is equitable.

In the applicant’s issue 1, the Board found nothing in the records nor did the applicant submit any supporting documentation that showed that his personal problems were of sufficient magnitude that they could not be resolved through standard military channels or by the applicant’s chain of command.  In fact, the Board found that the applicant’s age, education, test scores, prior service, promotions and awards were sufficient to qualify him for enlistment.  The Board will not grant relief on the basis of this issue.

There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service.  However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D).  Those factors include, but are not limited to, the following:  evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct.  At this time, the applicant has not provided any documentation of good character and conduct.  Therefore no relief will be granted.  

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560, Change 10/84, effective 
17 Sep 84 until 15 Dec 85), Article 3630600, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT – A PATTERN OF MISCONDUCT.

B.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT

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 Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive.  You should read Enclosure (5) of the Directive 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 Directive 1332.28 and other Decisional Documents by going online at “afls14.jag.af.mil”.  

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:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023

The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX:  A6400/A9201/A9207