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

FOR OFFICIAL USE ONLY

 ex-BMSA, USN
Docket No. ND06-00204

Applicant’s Request

The application for discharge review was received on 20051114.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions).  The Applicant requests a documentary record discharge review.  The Applicant did not designate a representative on the DD Form 293.  
In the acknowledgement letter, the Applicant was informed that he was approaching the 15-year point for review by this Board and was encouraged to attend a personal appearance hearing at the Washington Navy Yard, Washington, D.C.  The Applicant did not respond.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20061006.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain Under Other Than Honorable Conditions by reason of misconduct due to commission of a serious offense.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application: 

“My discharge is improper because it was based on behavior after going through a major trama.  My brother had committed suicide.  My father had been hospitalized w/heart attack which he later passed away from.  The Navy decided to send me to alcohol Rehab for my problem, when I returned from Rehab I was immediately placed on restriction on my ship.  I received information about my father had a heart attack but was not allowed to go to the hospital.  The hospital informed me they didn’t expect him to live.  I left my ship without permission to visit my father.  My alcoholism worsened and I didn’t return to my ship.  I’m requesting a discharge change due to extenuating circumstances.  Any help I can get will be greatly appreciated.

[signed] C_ B_ (Applicant)”

Documentation

Only the service and medical records were reviewed.  The Applicant did not provide additional documentation for the Board’s consideration.

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	19880812 - 19880831	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19880901		Date of Discharge:  19920829

Length of Service (years, months, days):

	Active:    03  06  28  
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  151
	Confinement:		  none

Age at Entry:  18

Years Contracted:  4 

Education Level:  10 (GED)				AFQT:  59

Highest Rate:  BM3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.6 (3) 		Behavior:  3.5 (3) 		OTA:  3.73

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  Kuwait Liberation Medal, Southwest Asia Service Medal with bronze star, Navy Unit Commendation Medal, Sea Service Deployment Ribbon (second award)

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct - commission of a serious offense, authority:  MILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events: 

880811:	Applicant certifies Drug and Alcohol Abuse Statement of Understanding.

880812:	Enlistment waiver granted for one non-minor misdemeanor (D.W.I.) and one minor misdemeanor (Poss of beer).

880812:	Applicant admits during enlistment physical examination to pre-service marijuana use (2x).

880907:	Applicant briefed on Navy's policy of drug and alcohol abuse.

890418:	Applicant second DUI (first pre-service, 1987 with BAC .14) with BAC .17 (NFI)
	[Extracted from CAAC, Norfolk Alcohol Dependency Screening, dtd 900508.]

890508:	Applicant to unauthorized absence at 0700.

890516:	Applicant from unauthorized absence at 0820 (8 days/surrendered).  Returned to Military Control.

890605:	NJP for violation of UCMJ, Article 86: Unauthorized absence.  Date of offense: 08 May 89 – 16 May 89.
	Award:  Restriction for 20 days (5 days suspended for 1 month).  No indication of appeal in the record.

890605:	Retention Warning:  Advised of deficiency (VUCMJ ART 86; Unauthorized absence.)  Notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

900113:	Applicant referred by Assistant Command Duty Officer for Competency for Duty Exam due to smell of alcohol on breath and missing Quarters due to being asleep in rack.  Alcohol sensor reading of .025.  Found competent for duty with recommendation for command DAPA referral for underage drinking. 

900216:	NJP for violation of UCMJ, Article 86: Unauthorized absence.
Violation of UCMJ, Article 134: Drunkenness.
Date of offense:  13 January 1990.
	Award:  Forfeiture of $150.00 pay per month for 1 month, restriction for 30 days, reduction to E-2 (suspended for 3 months).  No indication of appeal in the record.

900216:	Retention Warning:  Advised of deficiency (VUCMJ ART 86; Unauthorized absence - 13 JAN 90; VUCMJ ART 134 - Drunkenness.)  Notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

900508:	CAAC Norfolk Alcohol Dependency Screening:  Applicant meets following DSM III R criteria: Substance Dependence (DSM III R):
	A.  Using more than intended, use interferes with responsibilities and duties, uses knowing it causes other problems, tolerance.  B.  Duration at least one month.  Dependence criteria met.

900613:	NJP for violation of UCMJ, Article 92: Dereliction of duty.  Date of offense:  15 May 1990.
	Award:  Restriction and extra duties for 30 days (15 days suspended), reduction to E-1 (suspended for 3 months).  No indication of appeal in the record.

901223:	Frocked to rate of BM3.

9103xx:	Applicant arrested for drunk and disorderly conduct (NFI).
	[Extracted from Medical Entry:  USS SYLVANIA (AFS-2) Medical Officer, B. S. C_, MC, Alcohol/Drug Abuse Evaluation, dtd 910620]

910620:	Medical Entry:  USS SYLVANIA (AFS-2) Medical Officer, B. S. C_, MC, Alcohol/Drug Abuse Evaluation:  Applicant is dependent on alcohol.  Dependency is primarily psychological.  Applicant is not dependent on drugs.
	Recommendation: Inpatient alcohol/drug treatment program at least Level II.

910913:	NJP for violation of UCMJ, Article 86: Unauthorized absence.  Date of Offense:  0615, 6 Sept – 0857, 6 Sept 1991.
	Award:  Restriction for 45 days, reduction to E-3 (suspended for 6 months).  No indication of appeal in the record.

911116:	Applicant referred by Command Duty Officer for Competency for Duty Exam due to smell of alcohol on breath while standing duty as Quarterdeck Petty Officer of the Watch.  Alcohol sensor reading of .104.  Found unfit for duty due to use of alcohol.

911213:	Suspended reduction in rate to BMSN awarded at NJP on 910913 vacated due to continued misconduct.

911213:	NJP for violation of UCMJ, Article 112: Drunk on duty 0800, 911116.
	Violation of UCMJ, Article 134: Drunkenness 0800, 911116.  Violation of UCMJ, Article 86: Unauthorized absence 0700, 911211.
	Award:  Restriction and extra duty for 45 days, reduction to E-2.  No indication of appeal in the record.

911218:	Applicant reinstated from BMSA to BMSN this date.

920110:	Medical entry:  Staff Sick Call, Naval Hospital, Portsmouth, VA, LT M. J. J_, MC, USNR:  Applicant found fit for full duty; ready for ARC.

920113:	Applicant admitted to Alcohol Rehabilitation Service, Naval Hospital, Newport, RI, for Level III treatment.

920116:	Psychological Evaluation:  Alcohol Rehabilitation Department, Naval Hospital, Newport, RI, LCDR J_ B. P_, Ph.D., MSC, USNR, Clinical Psychologist:  The patient (Applicant) is a 22-year-old white single male seen in the context of his admission to the Alcohol Rehabilitation Service.  He has had five alcohol-related nonjudicial punishments in his approximately four years of Naval service.  He apparently was being considered for an administrative separation from the Navy and was able to convince his commanding officer that he should come to treatment.  He admits to a history of blackouts, but denies drinking in the mornings.  He has 2 DUI charges.  In terms of symptoms of alcohol dependence, he obtains 7 out of a possible 9 criteria, including increasing tolerance, engaging in hazardous activities while drinking, and drinking more than he intends.  He started drinking when he was approximately fourteen years old and it appears that drinking is his primary means of socialization.  He attended NADSAP two years ago.  He denies a family history of alcoholism or mental illness.  He denies any medical problems.
	MSE
	The patient is alert and orientated on interview.  He appears to be of average intelligence, although he completed only grade 10.  He subsequently obtained his GED.  There are not any indications of cognitive impairment.  In the interview he displays a rather unconcerned affect.  He appears to have a euthymic mood.  He denies any problems with, sleep, appetite, or energy level.  He denies any problems with suicidal ideation or seriously assaultive behavior.  There are not any indications of a mood, anxiety, or thought disorder.  However, the patient appears to be poorly motivated for treatment for alcohol dependence.  It appears that his primary reason for being here at this time was to avoid a less than honorable discharge from the service.  He appears to be quite proud of the fact that he apparently blackmailed his commanding officer by stating that he would make allegations about the command if they continued to process him.  Throughout the interview he appears relaxed and calm.
	PSYCHOSOCIAL HISTORY
	The patient comes from a broken home in which his parents divorced when he was approximately one year old.  He lived with his father and states that his mother was alcoholic.  He was the third of three children, stating he had one brother and has one stepsister.  His brother apparently was addicted to drugs and committed suicide in Nov 91.  The patient minimizes any psychological distress from this episode.  He has never been married and does not have any children.  The patient has been in the Navy for approximately 4 years and has had five episodes of NJP.  The patient states that he has a positive peer relationships.  He denies any legal problems and states that his religious preference is Pentecostal, although he is non-practicing.
	PSYCHOLOGICAL TESTING
	The patient completed the MMPI-2 with a rather defensive profile.  The profile is valid an clinically significant with a 4-9 configuration.  Persons with this profile are usually seen as being self-centered and self-serving having a minimal regard for social norms, but often being able to make a good initial impression.  The patients score on the MacAndrew scale is indicative of significant alcohol problems.  Persons with this profile are usually diagnosed with a personality disorder.
	DIAGNOSTIC IMPRESSION
	AXIS I:	ALCOHOL DEPENDENCE
	AXIS II:	ANTISOCIAL PERSONALITY DISORDER
	AXIS III:	DEFERRED
	RECOMMENDATIONS & PLAN
	The patient appears to be a marginally appropriate candidate for treatment for Level III.  This is based upon him having exceptionally poor performance in the Navy.  From what I can ascertain he does not display the exceptional potential for further good Naval service that the governing OPNAV instruction requires.  However, since his command has determined to send him for treatment he will be retained here as he does meet the diagnostic criteria.  There are not any indications of a psychological disorder that would preclude participation in treatment, other than the diagnosis of antisocial personality disorder.  Given that consideration, the patient is likely to exhibit poor motivation for treatment.  The patient should be able to return to full duty, but his command may wish to consider administrative separation on the basis of a personality disorder for further infractions of Naval rules and directives.  Patient will be retained in treatment, but if he exhibits poor motivation or presents a discipline problem he will be returned to his command as a treatment failure.

920219:	Applicant acknowledged contents of and agreement with Aftercare Treatment plan.

920306:	Applicant successfully completed Level III Treatment and discharged from Alcohol Rehabilitation Service, Naval Hospital, Newport, RI.

920309:	Applicant to unauthorized absence at 0645.

920320:	Applicant missed ship’s movement at 1100.

920409:	Report of Declaration of Deserter (NAVPERS 1600-3).  Applicant declared a deserter on 920409 having been an unauthorized absentee since 0645, 920309 from USS SYLVANIA (AFS-2).

920730:	Applicant from unauthorized absence at 1350.  Apprehended by Newport Police Department, Newport, RI.
[Extracted from Report of Return of Deserter.]

xxxxxx*:	Applicant signed written statement upon return to USS SYLVANIA that during his absence he had consistently and frequently indulged in the use of controlled substances.  (date not indicated in record)
[Extracted from Commanding Officer, USS SYLVANIA msg 061900Z AUG 92 to BUPERS.]

920803:	NJP for violation of UCMJ, Article 85: Desertion 920309.
Violation of UCMJ, Article 87: Missing ship’s movement 920320.
Violation of UCMJ, Article 134: Breaking restriction 920309.
Violation of UCMJ, Article 112a: Use of controlled substance.
	Award:  Forfeiture of $440.00 pay per month for 2 months, restriction for 60 days, reduction to E-2.  No indication of appeal in the record.

920803:	Applicant charged 157 days to EAOS, new EAOS is 930213.

920803:	Applicant notified of intended recommendation for discharge by reason of misconduct - commission of a serious offense and pattern of misconduct as evidenced by NJP on 920803.
[Extracted from Commanding Officer, USS SYLVANIA msg 061900Z AUG 92 to BUPERS.]

920803:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights. 
[Extracted from Commanding Officer, USS SYLVANIA msg 061900Z AUG 92 to BUPERS.]

920806:	Commanding Officer, USS SYLVANIA recommended to BUPERS that Applicant be discharged by reason of misconduct - commission of a serious offense and pattern of misconduct with characterization of service as under other than honorable conditions.  Commanding Officer’s comments:  “BMSA B_ (Applicant) is unable to adjust to the rules, regulations and standards required to be a productive member of this command.  At Commanding Officer’ s NJP held 03 Aug 93, BMSA B_ (Applicant) stated to me that he has no desire to remain in the naval service and that he wishes to ensure that his discharge be effected under whatever circumstances necessary.  He was apprehended by the Newport, RI Police Department and subsequently returned to military control after being absent for 147 days.  He deserted this command while in a restricted status just after returning from ARC Level III Alcohol Rehabilitation.  His medical record documents the fact that he was detached from ARC Newport, RI still diagnosed as alcohol dependent, and admits to continuing his drinking since his discharge from treatment.  I can state unequivocally that his chain of command, including myself, has expended significant time and effort in counseling BMSA B_ (Applicant) as to his responsibilities to the U.S. Navy and bent over backwards to see that he received the treatment that he needed.  He has no desire to overcome his dependency and refuses to adjust to military life.  He as stated on numerous occasions that all he wants is out of the Navy and he will do whatever is necessary to achieve this end - including threatening to desert again if, for any reason, he is detained.  He has expressed no desire to seek professional help from either military or civilian sources.  Because of his blatant disregard for proper authority and his expressed goal to continue to violate the UCMJ, he has become an undue administrative burden and a continual disciplinary problem.  I strongly recommend separation by reason of misconduct due to commission of a serious offense and pattern of misconduct with an other than honorable discharge.”

920827:	BUPERS msg 271845Z AUG 92 authorizes the Applicant's discharge by reason of commission of a serious offense with service characterized as under other than honorable conditions.

Service Record contains a partial Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19920829 by reason of misconduct due to commission of a serious offense (A and B) with a service characterization of under other than honorable conditions.  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 presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (E).

The Applicant contends his discharge was inequitable because it was “based on behavior after going through a major trauma” i.e. his brother’s suicide and his father’s subsequent fatal heart attack, and that he left his ship without permission “to visit my father.”   The Board took in to account the type of stresses that can be induced by the loss of family members.    In the Applicant’s case, the Board noted that the Applicant was dual-processed for separation by his command based on misconduct not only for the commission of a serious offense, but also for the substantial and lengthy pattern of misconduct in which the Applicant engaged throughout his enlistment prior to his brother’s death.  The Applicant’s desertion was not an isolated act uncharacteristic of his overall performance.  The Board accepted at face value Applicant’s statement that his father suffered a heart attack, but also noted that the Applicant’s father lived in North Carolina; that the Applicant’s desertion was terminated by apprehension in Rhode Island; and that the Applicant listed his father as his next of kin on his DD-214 at the time of discharge.  The Board was unable to reconcile the apparent discrepancies between the service record and the Applicant’s application, and determined that the service records created at the time of the events in question were accurate.  The Applicant also contends that his “alcoholism worsened and I didn’t return to my ship.”  The record clearly reflects Applicant’s willful misconduct and demonstrated that he was unfit for further service.  The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions.  Relief denied.

When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable.  An under other than 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 2 retention warnings, a vacation of a suspended reduction in rate, being unfit for duty due to overindulgence in alcohol and 5 nonjudicial punishment proceedings for violations of Articles 85, 86, 87, 92, 112, 112a and 134 of the UCMJ.  The NDRB advises the Applicant that certain serious offenses warrant separation from the Navy in order to maintain proper order and discipline. Violations of Article 85, 87, 112, and 112a are considered serious offenses and a punitive discharge is authorized if adjudged at a special or general court-martial.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service.  Relief is not warranted.

The Applicant remains eligible for a personal appearance hearing, provided an 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.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 
04 Mar 93, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE.

B.  The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 85, Desertion; Article 87, Missing Movement; and Article 112a, Wrongful use, possession, etc. of controlled substances.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

E.  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 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 “http://Boards.law.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:

		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