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NAVY | DRB | 1997_Navy | ND97-01393
Original file (ND97-01393.rtf) Auto-classification: Denied


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

ex-SN, USN
Docket No. ND97-01393

Applicant’s Request
The application for discharge review, received 970922, requested that the characterization of service on the discharge be changed to honorable, the reason for discharge be changed to convenience of the government, and the Reenlistment Code be changed to RE-1. The applicant requested a personal appearance discharge review. The applicant did not list a representative on the DD Form 293.

Decision
A personal appearance hearing was conducted in Washington D.C. on 981104. The applicant appeared before the NDRB without representation. The NDRB determined the discharge is proper and equitable. The discharge shall remain as issued: The Board’s vote was 4 to 1 that the character and reason for discharge shall not change. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/ Misconduct - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 I would like to start by saying thank you for giving me the privilege to represent myself here in Washington D.C. to talk about my discharge and the issues listed below. I respect and admire the distinguished people who make up this review board, and who have served or are serving this country in a respectful and honorable manor. Something in the likes of what I wanted to do myself. I am respectfully requesting that my discharge be upgraded from the present status to honorable, along with my re-enlistment code to RE-1 as a convenience to the government.

The issues I would like to discuss will include:

 1.) My ability to serve was impaired because I was not working in the field I was trained.
2.) Because my marriage was in turmoil, I had a conversation with a Lieutenant in my squadron to inquire about possibly ending my enlistment with a hardship discharge, so I could return to my wife and salvage our marriage. This request was given no consideration
3.) Being immature, coupled with the circumstances, resulted in poor decision making on my part.
4.) Upon receiving the discharge, I failed to realize the impact that these decisions would have on the rest of my life.
5.) During my period of active duty I received many (8) letters of recommendation.
6.) I received awards and decorations:
a.) Aircrew wings
 b.) Search and Rescue assignment
c.) National Defense Service medal
d.) Sea service deployment ribbon
e.) Meritorious Mast for Marine Corp 213th birthday
7.) I want to reconcile this discharge, move forward, and enroll into an active duty reserve unit, which will enable me to serve this country with the honor that I initially intended to display when I joined the Navy.
8.) The last issue for consideration when reviewing this case is that I am not the teenager I was when I made these decisions. Since the discharge I have been a model citizen, father, and husband. I would like to illustrate this as a testimony to my two children and possibly my future grand children of how I made mistakes, learned from them and now have been forgiven for those mistakes. In lieu of your decision I hope to prove myself as an asset to this country in forgiveness for my wrong doing.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
          Letter of recommendation from Ptlm. 1/C E. L. H___, dated 970110.
         Letter of recommendation from D. D___, Associate Pastor, dated 970108.
         Letter of recommendation from S. J. A___, dated 970110.
         Certification of voter registration, dated 970114.
         Letter from applicant’s wife, not dated.
         Letter from applicant’s employer, not dated.
         Closing statement from applicant, not dated.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     861203 - 870803  COG

 Period of Service Under Review :
Date of Enlistment: 870804               Date of Discharge: 910717

 Length of Service (years, months, days):

         Active: 03 11 13
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 55

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.52 (5)    Behavior: 2.92 (6)                OTA: 3.26

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR, MUC, Battle “E” Ribbon, Meritorious Mast.

 Days of Unauthorized Absence: 129

 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 :

 870310:  Applicant authorized to enlist at the paygrade of E-2, having referred three applicants to a Navy Recruiter which enlisted in the USN or USNR.
870804:  Joined NAVCRUITRACOM, NTC, San Diego, CA.
870813:  DD Form 2366 indicates applicant disenrolled in the Veterans' Education Assistance Act of 1984 (GI Bill).
871007:  Joined NACCS NAS Pensacola, FL.
880130:  Joined NATTC MILLINGTON TN (STUDENT).
880203:  Extended enlistment for 1 year. (Obligor program for AW rating)
880519:  Extended enlistment for 1 year. (Obligor program for AW training)
890126:  Awarded Meritorious Mast for services in regard to the 213 th birthday of the Marine Corps.
890131:  Recommended for advancement to Petty Officer Third Class.
890427:  Applicant briefed on Veterans' Educational Assistance Act of 1984 (G.I. Bill). Specifically briefed that an honorable discharge after completion of 36 months of active duty would be required for entitlement to benefits under the G.I. Bill. DD Form 2366, indicates applicant enrolled in the GI Bill.
891015:  To UA.
891016:  Missed ship's movement (USS JOHN F. KENNEDY CV-67) from Portland, ME enroute to Norfolk VA.
891113:  Declared a deserter having been an unauthorized absentee since 0700, 891015, from HELANTISUBRON SEVEN.
900203:  Apprehended by civil authorities and returned to military control at NAS Jacksonville, FL.
900406:  Recommendation for advancement to Petty Officer Third Class withdrawn.
900406:  SPCM for violation of UCMJ, Article 86: Unauthorized absence 111 days/Apprehended), violation of UCMJ, Article 87: Missing Ship's
 Movement. Sentenced to CHL for 60 days, forfeiture of $500 for 3 months, reduction to E-2. No indication of appeal in the record.
CA (900424) Approved and ordered executed.
SA (900604) Approved as approved and ordered executed.
900406:  To confinement.
900525:  Transferred to TPU, Charleston, SC. upon release from confinement.
900629:  Joined USS ORTOLAN (ASR-22).
900709:  Retention Warning: Applicant advised of deficiency in conduct evidenced by Viol UCMJ Art 86: Unauthorized absence. Corrective actions identified. Sources of assistance included. Advised: further deficiencies may result in disciplinary action and administrative separation. All deficiencies during current enlistment will be considered. Subsequent violations of the UCMJ or conduct resulting in civilian conviction could result in separation under other than honorable conditions. Receipt acknowledged.
901205:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 901101 until 901102 (1 day/Surrendered), and 901116 until 901201 (16 days/ Surrendered).
 Award: Restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.
910524:  NJP for violation of UCMJ, Article 86: Unauthorized absence 910518
(1 day/Surrendered).
Award: 3 days B&W, forfeiture of $100. No indication of appeal in the record.
910529:  NJP for violation of UCMJ, Article 134: Jumping from a naval vessel into the water.
 Award: Forfeiture of $200, restriction and extra duty for 30 days. No indication of appeal in the record.
910530:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by all punishments under the UCMJ during current enlistment.

910603:  Narrative Summary, Naval Hospital, Charleston, S.C. Applicant admitted 910529, and discharged 910531. Verbatim summary:
CHIEF COMPLAINT: “I jumped off the ship” and “I don't feel like living anymore.”
HISTORY OF PRESENT ILLNESS: This is the first Neuropsychiatric admission to Naval Hospital, Charleston, S.C., for this 21 year old Caucasian male, SN, USS Ortolan, with 3 years 11 months continuous active duty.
He has never been happy with Navy life, and on the day of admission had jumped 30 or 40 feet from his ship into the water. He said that he had been feeling low and depressed for the past two weeks, with crying spells and diminished interests. He had trouble sleeping, difficulty falling asleep, and awakenings, specifically early morning awakenings. The thoughts of suicide had been present for the past two weeks, and he had been thinking about shooting himself, but then impulsively jumped from the boat the morning of admission. He denied that there had lately been any change in his eating pattern, any sense of guilt or any loss in his ability to think, concentrate or make decisions. At a Captain's Mast held after he jumped from the ship, he was informed, that he will be administratively separated from the Navy, and he is glad about this. He says that there has been numerous stressors in his life lately, most notably problems with his work and financial problems. There are also marital problems. He has been separated from his wife for one year, and had thought that a divorce would soon be final, but his wife recently informed him that she wants them to get back together. He had a UA offense last week. He complains that for the past year he has had, despite normal erectile function, inhibited ejaculation.
PAST HISTORY: He denies and Neuropsychiatric history. He has never abused alcohol or drugs. He does not drink. He does not smoke. He has never had suicidal thoughts or behaviors in the past. He had a hernia repair surgery in September 1990. Family history is positive for alcoholism in the patient's father. The patient's father also has a history of episodic "breakdowns," which sometimes were called depressions. Two of the father's brothers are drug dependent. The patient's mother is obese and has gallbladder disease. The patient was born in Illinois and reared in Florida. His parents separated when he was 19. He has one brother and one sister, both younger than he. Developmental milestones were normal. He had no problems in school, and maintained a 3.0 average through high school. He was active in all sports in high school. He was stressed in his mid teens when a girlfriend of his became pregnant and subsequently had an abortion. The patient did not get along well with his parents. He left home at age 17 because they did not approve of his behaviors, notably that he stayed out too late at night. He then lived with his girlfriend, who later became his wife. He was able to continue his high school and graduated with his class. He and the girlfriend married in January 1988 and were together until January 1990. They are separated but have never divorced. He describes himself as a person who has always been “spontaneous” and “impulsive.” He denies that he has ever been an irritable person. Legal problems have been limited to speeding tickets. Before entering the Navy he held various jobs as an accountant, a golf pro, a waiter, and a bartender. Since coming on active duty he has been part of an air crew, a search and rescue swimming team, and Boatswain's mate. He has had several Captain Masts, all for unauthorized absences. He has had a steady girlfriend in recent months, but he says that he is now losing interest in her. Sexual activity has recently been impaired by the inhibited ejaculation and by a recent episode of seeing "footballs in front of me while I was having sex."
MENTAL STATUS EXAMINATION: The patient was alert, calm, pleasant, and engageable. His affect was serious, but there were some smiles. He described his mood as “pretty good.” His vital sense he described is good and said that he felt as though he needed to do some exercise. His self-attitude was somewhat diminished, and he said that he was feeling somewhat down on himself. He denied any suicidal thoughts. He denied any delusions or hallucinations. He denied any obsessions, compulsions, and phobias. Cognition was intact.
PHYSICAL EXAMINATION: Noncontributory. There was a well-healed left inguinal hernia scar from his recent hernia surgery. His left pectoralis had significantly more mass than his right pectoralis muscle, a condition he reported was congenital. There was no gynecomastia.
LABORATORY DATA: CBC was normal. Blood alcohol content was
 0. Liver function studies were normal. Urinalysis was normal.
HOSPITAL COURSE: The patient adjusted well to the Ward Milieu. He was able to interact with other patients and with staff. Sleep and eating behaviors were normal. He was interested in activities and topics. There were no signs or symptoms of depression, and he denied any thoughts of self-harm throughout the hospitalization. He discussed that he had many problems and pressures at the present time, but he was very casual and did not express much remorse or distress over his current situation. He said that he felt relieved that he would be getting out of the Navy and that he plans to return to his home in Florida, to discontinue his current romantic relationship, and to proceed with divorce plans. He felt confident in his ability to deal with people and situations that he would meet.
DIAGNOSES:

1. Personality disorder not otherwise specified, with immature, impulsive, narcissistic, and antisocial features.
2.       Occupational problem.
RECOMMENDATIONS: This individual is competent and accountable for his actions. He is fit for full duty. However, he is probably not suitable for military service. He is a low suicide risk. His attitudes and behaviors, coupled with the stresses of routine military service, may lead him to engage in activities which endanger his own safety or that of others, and our recommendation, therefore, is that he be administratively separated from the military. Follow-up is in the Neuropsychiatry Outpatient Department Psychotherapy Group, meeting at 1300 hours on 04 June 1991, and he has an individual appointment in the Neutopsychiatry Outpatient Department at 1100 hours on 14 June 1991. Because of the report of recent sexual dysfunction, hormonal studies have been ordered and are pending at the time of discharge.
910604:  Applicant advised of rights and, having chosen not to consult with counsel certified under UCMJ Art 27b, elected to waive all rights except the right to obtain copies of documents that would be forwarded to the discharge authority supporting the basis for the proposed separation. Applicant acknowledged that if discharged under other than honorable conditions, it might deprive him of virtually all veterans' benefits based upon his current enlistment, and that he might expect to encounter substantial prejudice in civilian life in situations wherein the type of service rendered or the character of discharge received there from may have a bearing. Receipt acknowledged.

910625:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.
 Commanding officer's verbatim comments: Seaman R__, is not fit for further Naval Service. His total lack of reliability and maturity preclude his being able to fill any position of responsibility where he is not monitored 100% of the time. Additionally, his lack of dependability has made him an administrative burden for his department. Because he cannot be relied upon to be where directed, when directed, doing what was directed, he cannot be assigned even the simplest tasks without assigning a monitor to ensure timely and correct completion. His selfish behavior creates a discipline problem onboard and lack of productivity is affecting morale. I recommend that Seaman R___, be expeditiously separated from the Naval Service and that the characterization of discharge be Other Than Honorable.
910709:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

910717:  Discharged UNDER OTHER THAN HONORABLE CONDITIONS\ Misconduct - Pattern of misconduct; authority Naval Military Personnel Manual, Article 3630600.
950914:  NDRB documentary record review Docket Number ND95-01467-,
 conducted. Determination: discharge proper and equitable; relief not warranted.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW


Discussion

The applicant was discharged on 910717 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). The applicant’s misconduct warranted a punitive discharge (C). After a thorough review of the records, testimony, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (D and E).

In response to issue 1, the Board found that the applicant’s disappointment resulting from not working in the Antisubmarine field did not justify his misconduct. The applicant’s abandonment of his sworn obligation to serve fully justifies the characterization of service received.

In response to issue 2, the Board sympathizes with the applicant’s marital problems, but found no documentation of a request for a hardship discharge. The NDRB recognizes that serving in the Navy is very challenging to both the Sailor and his family members. Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country. It must be noted that most Sailors serve honorably and well and therefore earn honorable discharges. The applicant’s service is accurately characterized as having been performed under other than honorable conditions. Relief is not warranted.

In response to issue 3, the applicant’s age, entrance examination test scores, and educational level qualified him for enlistment. He entered the service at an age when people are generally assumed to be mature enough to manage their own affairs and be responsible for their actions. The applicant has submitted no evidence that he was any less mature than many of his peers who served honorably. Relief is not warranted based on the applicant’s age and maturity at the time of his enlistment.

In response to issue 4, at the time of discharge the applicant did not express much remorse or distress over his situation. He was briefed and acknowledged that if discharged under other than honorable conditions, he might expect to encounter substantial prejudice in civilian life in situations wherein the type of service rendered or the character of discharge received there from may have a bearing. The fact that the applicant now realizes the impact of the decisions he made while on active duty does not provide a basis upon which the NDRB can grant relief.

In response to issues 5 and 6, the Board noted the positive aspects of the applicant's enlistment, which included letters of recommendation, Search and Rescue Training, receipt of a Sea Service Ribbon, Meritorious Unit Commendation, Battle “E” Ribbon, National Defense Service Medal, and a Meritorious Mast. (The NDRB could not confirm receipt of Aircrew Wings.) The applicant was an unauthorized absentee for a total of 129 days, his blatant misconduct outweighed all the positive aspects of his service and fully justifies the discharge received. Relief denied.

In response to issue 7, the NDRB has no authority to change reenlistment codes or make recommendations to permit reentry into the Naval Service or any other of the Armed Forces. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy or Marine Corps. Reenlistment policy of the Naval Service is promulgated by the Commander, Naval Personnel Command, NPC-815, 5720 Integrity Drive, Millington TN 38055, and the Commandant, United States Marine Corps, Code MMPE5, Washington, DC 20380-3001. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

In response to issue 8, t he NDRB is authorized to consider post-service factors in the recharacterization of a discharge (E). However, 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 the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that 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. The applicant provided letters from two friends, his wife, his employer, and his Pastor as documentation of his post-service. Additionally he provided certification of voter registration and credit union membership. The applicant's efforts need to be more encompassing than those provided. The applicant should have produced evidence of continuing educational pursuits, a verifiable employment record, documentation of community service, and certification of non-involvement with civil authorities in order for consideration for clemency based on post-service conduct. At this time the applicant has not provided sufficient documentation of good character and conduct. Therefore no relief will be granted. He is encouraged to continue with his pursuits and is reminded that he is eligible for another personal appearance hearing with representation provided the application is received within 15 years from the date of discharge. Relief denied.
The applicant requested that the reason for his discharge be changed to convenience of the government. The NDRB, under its responsibility to examine the propriety and equity of an applicant's discharge, will change the reason for discharge if such a change is warranted. The summary of service clearly documents the pattern of misconduct for which the applicant was discharged. No other Narrative Reason for Separation could more clearly describe why the applicant was discharged. To change the Narrative Reason Separation would be inappropriate.
Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A, Change 8 effective 21 Aug 89 until 14 Aug 91), 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. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 86, for unauthorized absence for a period in excess of 30 days, Article 87, for missing ship’s movement, and/or Article 134, for jumping from a vessel into the water, if adjudged at a Special or General Court-Martial.
D. 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.

E. 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 obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809

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
                  Building 36 Washington Navy Yard
                  901 M Street, SE
                  Washington, D.C. 20374-5023     


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