Author: CAP
Last saved by: Department of the Navy
Company: NCPB

Docket No. ND03-00086

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

 ex-RMSR, USN
Docket No. ND03-00086

Applicant’s Request

The application for discharge review, received 021017, requested that the characterization of service on the discharge be changed to honorable.  The Applicant requested a personal appearance discharge review before a traveling panel closest to [left blank].  The Applicant did not list any representative on the DD Form 293.  In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington D.C. area.  Subsequent to the application, the Applicant obtained representation from the Disabled American Veterans.  

Decision

A personal appearance hearing was conducted in Washington, D.C. on 030520.  The Applicant’s representative failed to appear.  The Applicant elected to proceed with the personal appearance.  The Board reconvened on 030630 after allowing the Applicant an opportunity to submit documentation to support his post service accomplishments.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the NDRB discerned no impropriety or inequity in the characterization of the Applicant’s service at the time of his discharge.  However, after consideration of the Applicant’s substantial post service accomplishments, good citizenship, military record, and subsequent rehabilitation, the Board determined that partial relief was warranted on the basis of equity.  The Board’s vote was unanimous that the character of the discharge shall change and unanimous that the narrative reason for the discharge will remain the same.  The discharge shall change to:  UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct-Pattern of misconduct, authority: MILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  Dear:

I am writing this letter of appeal to change the status of my Naval discharge from administrative to honorable.  Due to extenuating personal circumstances at the time of my unauthorized absence, I respectfully make my plea to you for compassionate consideration of this request.

As a young fifteen year-old boy, I lost my Mother to heart disease and complications from open-heart surgery.  It was at that young and confusing age that I had to grow up very quickly and become the male head of the household while our Grandmother raised my brother and me.  I never knew my father: he was killed in an automobile accident during my Mother's pregnancy.

My Grandmother was 70 years old at the time and was presented with the challenge of raising two teenage boys.  I took on a full time job while in high school to help with the financial responsibilities and became the primary provider for my family (a situation that continued through my service in the Navy).

I've always had the ambition to make my Mother and Grandmother proud of me and to become important and successful.  I believed the Navy would provide that opportunity and would provide the groundwork necessary to teach me to the man I wanted to be and would help me achieve my goals.  This was especially important having grown up without the influence of a male role model.

I did not fully understand the impact being away from my family would have on my emotions and on my ability to handle the stress of living so far away.  My deep sense of responsibilities to my Grandmother and my brother remained with me and I felt torn between my duty to my family and my duty to the Navy and achieving my personal ambitions.  During the time I was away, my brother became very rebellious and out of control and had a serious drug addiction.

My Grandmother was doing the best she could without me but was not coping well with the situation.  She had suffered from a number of strokes and her health was failing.  I received many calls from her telling me what a hard time she was experiencing.  She had asked me many times not to join the Navy and I had a deep and overwhelming sense of guilt for having done so and for leaving them alone to fend for themselves.  After all, I was the head of the household.  I felt extreme confusion and guilt and believed that I had abandoned the person that loved me the most to cope with these problems on her own.  My heart and conscience compelled me to return home.

Before choosing to just arbitrarily leave ship, I discussed the situation with my division officer and the extreme pressure I was experiencing.  I asked if I could take leave and he made a verbal commitment to approve it.  Some time had passed with no further action from my division officer and when I once again approached him about the situation, he acted as though he had no prior knowledge of my request nor of his agreement to approve leave.  Needless to say, I felt betrayed, hurt, confused, angered and stressed by the situation.  I saw no alternative but to go home and I unwisely chose to leave the ship.

I returned to my family for a number of months in the hopes of straightening out the problems there.  Initially, fear of the consequences of my actions prolonged my returning to my ship, but my Grandmother appealed to my senses and pleaded with me that the right thing was to voluntarily return.  I now know that my actions were that of an emotionally immature 21-year-old man.

Prior to entering the military, I had never been arrested, charged, or convicted of any wrongdoing and had always been an active member of my church.  This accounted for my ability to achieve the top-secret clearance I held as a radioman.  I have always been commended on my leadership abilities and my innate sense of what is right and fair.  Immediately after entering basic training, I earned the position of company squad leader.  In "A" school training, I was selected as the duty section leader and ranked in the top 5% of my graduating class.

I reflect upon my past actions through the eyes of a now thirty-seven year old man and realize there existed a lack of maturity, foresight, and wisdom in my decision making process at twenty-one years old.  Had I known how my past actions would have so negatively affected my future, I would never have decided to leave ship without permission.  I based my decision more on confusion and emotion rather than logic and reason.

I have been enrolled in college for over three years now, working hard to pursue a degree in Aeronautical Science.  I am in my last semester before graduation, have made the dean's honor list, and soon will have my commercial pilot's license.  In addition to taking college courses, I hold a full-time job as a television station engineer and am also employed as a resident assistant/counselor to students here on campus.  I am a member of Alpha Eta Rho (International Aviation Fraternity) in good standing.

I am also a Civil Air Patrol senior member working toward becoming a mission pilot for a composite squadron located here in Texas.  And most importantly, I am proud to say that I am a father of a four-year old daughter.  I have maintained full-time employment after being discharged from the military and am a responsible and diligent worker.

I am sorry to say and do take responsibility for the fact that I made some very immature decisions and mistakes while enlisted in the Navy.  As reflected above, you can see I have matured a great deal over the last fifteen years and have learned a lot about myself in the process.  As a testament to my character, I am including letters of reference from one of my professors, and my current employer.

When released from the Navy in 1989, I received an administrative discharge (other than honorable).  I believe this situation limits me now, as it has in the past when seeking employment.  I am hopeful that fifteen years of positive achievements and responsible action is evidence of having overcome any immaturity and lack of judgment when deciding to abandon my responsibility to the Navy.

I respectfully submit the foregoing information for your consideration to upgrade my administrative discharge to that of honorable status due to extenuating circumstances.  If there is additional information you require or wish to discuss this in further detail, please advise.

Best regards,

Documentation

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

Character reference from Academic Cluster Director, Texas State Technical College, dated May 29, 2002
Character reference from Executive Producer, KWTX-TV, dated September 20, 2002

Additional documentation received on June 24, 2003:

	Applicant’s ltr to the Board dtd June 14, 2003
	City of Waco Police Check dtd May 22, 2003
Summer Sky Alcohol Dependency Inpatient Program Completion dtd June 9, 2003 (3 documents)
Social Security ID Card
Civil Air Patrol Membership ID Card
Texas State Technical College Student ID Card
United States Air Force Auxiliary ID Card
Aircraft Owners and Pilots Association Membership ID Card
American Red Cross Volunteer Blood Donor I.D. Card
Character Reference ltr from Dr. A_ F_, Ed.D. dtd Jun 18, 2003
Character Reference ltr from I_ C_, Supervisor, Student Activities, dtd Jun 9, 2003
Character Reference ltr from C_ T_, Staff Assistant, dtd Jun 13, 2003
Letter of Employment, KWTX (9/19/01 – 01/02/03) dtd May 27, 2003
Letter of Employment and Character Reference, Texas State Technical College, dtd June 12, 2003
Copy of W-2 Wage and Tax Statement 2002 
Paycheck Stub (Automatic Payroll Bank Deposit for 1/10/2003 showing deduction for child support)
Letter of Recommendation from Mr. E_ V_, Chief Flight Instructor, dtd June 12, 2003
Letter of Recommendation from P_ M_, Aviation Ground Instructor, dtd Jun 9, 2003
VA, Waco, TX ltr to Applicant, dtd Nov 14, 2001, advising ineligibility for education assistance
Airman Knowledge Test Report dtd May 2, 2003
Tarleton Central Texas, Aviation Science Program, outlining goals and course requirements (4 pages)
Texas State Technical College transcript dtd May 29, 2003

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	850226 - 850522	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  850523		Date of Discharge:  890619

Length of Service (years, months, days):

	Active:    04  00  27		Does not exclude lost time.
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  51

Highest Rate:  RMSA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.20 (2)	Behavior:  3.13 (3)		OTA:  3.20

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  242

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct - Pattern of misconduct, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

850524:	Applicant briefed on Navy's policy on drug and alcohol abuse.

851214:	Medical:  Applicant picked up by ambulance at 0320.  Positive evidence of Applicant's drunkenness - alcoholic breath, agitation, non cooperativeness.  Observer's comments suggest Applicant ran arm through a safety glass window obtaining two lacerations to right forearm.  A: Lacerations right forearm.  P: Laceration sutured.  Blood alcohol drawn.  RTC in AM for sickcall.

860124:	Medical: S: Referral for evaluation for Antabuse.  A: By history the Applicant has a significant alcohol abuse problem which he does not recognize at all.  I feel that treatment will be very difficult because Applicant does not perceive this problem.  P: Antabuse for 6 weeks to be issued by pharmacy personnel on a daily basis.  I will discuss Applicant's problem, in understanding alcohol as a significant threat to him, with the Substance Abuse Counselor.

860225:	Counseling: Advised of deficiency (Continuation of my past performance may ultimately disqualify me from receiving an honorable discharge.)

860424:	Medical:  A: Lacerated extensor tendon of the 3^rd digit of right hand with end to end primary repair affected.  P: Applicant treated with a sterile dressing and placed in a splint with a sling.

860502:	NJP for violation of UCMJ, Article 92: Orders violation, to wit: violating NCS [HEH] Inst. 11101.7G by having a guest in room past 0100 departure time on 860425, violation of UCMJ, Article 108: Destruction of military property by breaking a barracks window with his fist on 860425, violation of UCMJ, Article 128: Assault on a petty officer in the execution of duties on 860425, violation of UCMJ, Article 134: Drunk and disorderly conduct on 860425.
	Award: Forfeiture of $310 per month for 2 months, restriction and extra duty for 45 days, reduction to RMSR.  No indication of appeal in the record.

860512:	Substance Abuse Coordinator: A:  Applicant requesting Antabuse with evidence of recurrent alcohol abuse and episodes of misconduct.  P: Applicant started on Antabuse for 6 weeks.

860530:	NJP for violation of UCMJ, Article 92 (3 specs): Failure to obey other lawful order by wrongfully refusing to take Antabuse.
	Award: Extra duty for 30 days.  Extra duty suspended for 6 months.  No indication of appeal in the record.

860708:	Medical: Restart Antabuse for 45 days.

870130:	NJP for violation of UCMJ, Article 92 (3 specs): Failure to obey on 870117.
	Award: Restriction and extra duty for 30 days.  No indication of appeal in the record.

870528:	Applicant to unauthorized absence 0700, 870528.

870529:	Applicant missed ship's movement.

870530:	Applicant from unauthorized absence 0759, 870530 
(2 days/surrendered).

870610:	Naval Hospital, Long Beach, CA: Admission Diagnosis:  Alcohol intoxication.  Discharge Diagnosis: 1.  Status post acute alcohol intoxication, resolved.  2. Skull injury, status post.  3.  Upper extremity abrasion.  Disposition: Discharged to duty after a period of convalescent leave.

870826:	Medical Department: Applicant to clinic for alcohol dependency problem.  Recommend CAAC appointment.  Will start on 6 months course of Antabuse today.

871009:	Retention Warning from USS TARAWA (LHA 1):  Advised of deficiency (During your current enlistment you were awarded punishment at CO's NJP which is your first documented disciplinary infraction.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

871123	Applicant to UA.

871218	Applicant from UA.

871228:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 1030, 871123 until 1800, 871218 (25 days/surrendered).
	Award: Forfeiture of $200 per month for 2 months, restriction and extra duty for 45 days.  No indication of appeal in the record.

880602	Applicant to unauthorized absence.

880702:	Applicant declared a deserter.

890107	Applicant from unauthorized absence (surrendered).

890224:	Special Court Martial
	Charge I: violation of the UCMJ, Article 86:
	Specification: Unauthorized absence 0700, 880602 until 1645, 890107 (215 days/surrendered).
	Findings: to Charge I and specification thereunder, guilty.
	Sentence: CHL for 60 days, reprimanded, reduction to RMSR
	CA 890403: Sentence approved and ordered executed.

890224:	Applicant found fit for confinement.  Applicant to confinement.

890414:	Applicant from confinement.

890420:	Transient Personnel Unit, San Diego, CA notified Applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense, to wit: unauthorized absence in excess of 30 days (159 days), violation of a lawful written order, destruction of military property, assault upon a senior petty officer, failure to obey a lawful order (six specifications); and misconduct due to a pattern of misconduct as evidenced by three of more punishments under the UCMJ.

890425:	Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights.

890519	Applicant offered and declined VA treatment.

890530:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and misconduct due to a pattern of misconduct.  Commanding Officer's comments (verbatim):  Based on the information contained in paras 1 thru 13, it is recommended that RMSR  (Applicant) be separated with an other than honorable discharge by reason of misconduct.  RMSR (Applicant's) lengthy period of unauthorized absence and history of misconduct preclude his further retention in the naval service.  RMSR (Applicant's) record does contain a written counseling warning (NAVPERS 1070/613 DTD 87OCT09) executed while he was onboard USS TARAWA.  "The following deficiencies in RMSR (Applicant's) conduct are identified: during your current enlistment you were awarded punishment at CO's NJP which is your first documented disciplinary infraction.  You are required to take the following recommendations for corrective action to ensure your continued retention in the Navy:  Any further infractions resulting in CO's NJP may result with an administrative discharge from the naval service under other than honorable conditions (OTH) for reasons of misconduct, minor disciplinary action and/or misconduct due to a pattern of misconduct.  Your absolute compliance with all naval rules and regulation and with the UCMJ, as well as satisfactory performance during the remainder of your current enlistment is mandatory.  Assistance and counseling are available from your chain of command, chaplain and the command master chief."

890607:	CNMPC directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

901214:	NDRB documentary record review Docket Number ND90-01282 conducted.  Determination:  discharge proper and equitable; relief not warranted.
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 890619 under other than honorable conditions for misconduct due to a pattern of misconduct (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).

Issue 1:  After a review of the Applicant’s service record and post-service evidence presented to the NDRB, in conjunction with consideration of the factors listed in paragraph 9.3 of reference (D), it was determined that partial relief is warranted under equitable grounds even though the discharge was determined to have been otherwise equitable and proper at the time of issuance.  The Board’s vote was unanimous that the discharge shall change to:  UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct-Pattern of misconduct.  

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560A, Change 7, effective 25 May 89 until 20 Aug 89), Article 3630600, SEPARATION OF ENLISTED PERSONNEL 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: