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NAVY | DRB | 1999_Navy | ND99-00716
Original file (ND99-00716.rtf) Auto-classification: Denied


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

ex-RMSN, USN
Docket No. ND99-00716

Applicant’s Request
The application for discharge review, received 990503, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to Secretary's Authority. The applicant requested a documentary record discharge review. The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000214. 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, authority: NAVMILPERSMAN, Article 3630600.

The NDRB did note an administrative error on the original DD Form 214. Block 18, Remarks should read: “CONTINUOS HONORABLE ACTIVE SERVICE FROM 87 MAY 19 UNTIL 91 AUG 18”. The original DD Form 214 should be corrected or reissued as appropriate.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. I, (APPLICANT), BORN ON APRIL 24,1968 IN SAN JUAN PUERTO RICO AND THE ONLY CHILD OF J_ A_ D_ AND I_ C_ P_, ENLISTED IN THE UNITED STATES NAVY FOR FOUR YEARS ON MARCH 31, 1987 FROM MEPS NEW YORK, REINLISTED FOR FOUR MORE YEARS ON AUGUST 19,1991 FROM FLEET AIR RECONNAISSANCE SQUADRON THREE NAVAL AIR STATION BARBERS POINT, HAWAII. VOLUNTARILY AGREE TO FURTHER EXTEND MY ENLISTMENT FOR TWENTY ONE MONTHS AT NAVAL TELECOMMUNICATION CENTER NAVAL AIR FIELD ATSUGI JAPAN AND WAS DISCHARGED FROM THE NAVY ON MAY 03,1996 AT NAVAL STATION PEARL HARBOR HI.

DURING MY NINE (9) YEARS OF ACTIVE SERVICE NAVAL CAREER, I COMPLETED VARIOUS COURSE TITLES AS FOLLOWS: RADIOMEN A SCHOOL, INTERNATIONAL MORSE CODE OPERATOR, AIRBORNE COMMUNICATIONS OPERATOR, TRAFFIC CHECKER, OUTGOING MESSAGE PROCESSOR, FILE CLERK, MESSAGE - REPRODUCTION DISTRIBUTION CLERK, INROUTER, MAINTENANCE PERSON, TRAFFIC CHECKER, SERVICE CLERK, COMMUNICATIONS PUBLICATION - CORRECTIONS CLERK, DAMAGE CONTROL COMMUNICATIONS, BASIC DAMAGE CONTROL, BASIC FIREFIGHTING, FIRE WATCH, BASIC CHEMICAL, BIOLOGICAL RADIOLOGICAL DEFENSE, ADVANCED DAMAGE CONTROL WATCHSTATION TASKS MESSENGER, STRETCHER BEARER, CLOSURE DETAIL MEMBER, SOUND-POWERED TELEPHONE TALKER, DC WIFCOM OPERATOR, COMMUNICATIONS SECURITY ON LINE OPERATOR, CMS USER, TOP SECRET CLEARANCE HOLDER, COMMERICAL TRAFFIC CLERK, IN PORT DUTY RADIOMAN, TELETYPE SYSTEM OPERATOR NAVAL MODULAR AUTOMATED COMMUNICATIONS V-2 SYSTEMS OPERATOR SATCOM SYSTEMS OPERATOR, HIGH FREQUENCY TRANSMITTER OPERATOR, GENERAL MESSAGE FILE CLERK, BASIC DC AND NADSAP. AS FOR MAJOR COMMANDS I WAS STATIONED AT FLEET AIR RECONNAISSANCE SQUADRON THREE NAVAL AIR STATION BARBERS POINT HAWAII, NAVAL - TELECOMMUNICATIONS CENTER NAVAL AIR FIELD ATSUGI JAPAN, AND THE USS RUEBEN JAMES FFG-57 PEARL HARBOR HAWAII

MY LAST MAJOR COMMAND DUTY STATION WAS THE USS RUEBEN JAMES FFG-57 PEARL HARBOR HAWAII, ABOARD MY SHIP AS A THIRD CLASS PETTY OFFICER RADIOMAN. DURING THE TIME, THE USS RUEBEN JAMES WAS SCHEDULED TO COMMENCE A WESTPAC DEPLOYMENT. HOWEVER, PRIOR TO DEPLOYMENT, THE COMMANDING OFFICER (COMMANDER G_ E_) HAD DECIDED TO KEEP TWENTY-TWO (22) CREW MEMBERS BEHIND TO BE TEMPORARY ACTIVE DUTY AT COMAFLOATRAGRU MIDPAC PEARL HARBOR HI, DUE TO UNAVAILABLE RACKS ON THE SHIP FOR A HELO SQUADRON WHO WERE TO DEPLOY WITH THE USS RUEBEN JAMES AND WERE A MAJOR FACTOR FOR THE WESTPAC DEPLOYMENT.

MY WIFE, N_ S_ P_, WHO'S A JAPANESE NATIONAL FROM JAPAN AND I WERE BOTH EXPECTING OUR FIRST CHILD MY SON, J_ P_ DURING THE DEPARTING TIME OF THE USS REUBEN JAMES WESTPAC DEPLOYMENT.
OUR MARRIAGE WAS ALREADY HEADING TOWARDS A DIVORCE, SINCE MY WIFE WAS FROM ANOTHER COUNTRY, THE STRESS OF NOT KNOWING WHETHER OR NOT I WOULD BE HOME WHEN SHE WOULD BE HAVING OUR FIRST CHILD ALSO THE FACT THAT SHE COULD NOT SPEAK OR UNDERSTAND ENGLISH FLUENTLY OR HANDLE LIVING ALONE WHILE I WAS AWAY FROM THE UNITED STATES, MADE THINGS EXTREMELY COMPLICATED AND WORSE. BUT THANKS TO GOD, I DISCOVERED BY MY SUPERIORS, THAT I WOULD BE ONE OF THE TWENTY TWO MEN THAT WOULD BE LEFT BEHIND TO COMAFLOATRAGRU MIDPAC PEARL HI. WHICH MADE THINGS MORE AT EASE FOR MY WIFE AND I.

AS THE COMMANDING OFFICER ORDERED THE TWENTY-TWO CREW MEMBERS, I BEING ONE OF THE TWENTY-TWO, WERE REPORTED TO COMAFLOATRAGRU MIDPAC. AT THIS COMMAND THERE WERE FIVE QUALIFIED DUTY RADIOMAN PLUS I. AS ONE OF THE RADIOMAN OF COMAFLOATRAGRU MIDPAC MY MAJOR DUTIES WAS TO DOWNLOAD MESSAGE TRAFFIC FROM A COMPUTER ON TO A DISK FOR THE COMMANDING OFFICER OF COMAFLOATRAGRU MIDPAC.
TWO MONTHS HAD PAST SINCE THE DEPLOYMENT OF THE USS RUEBEN JAMES, MY WIFE AND I HAD RECEIVED OUR FIRST BORN PLUS STILL WORKING ON IMPROVING OUR MARRIAGE SINCE I WAS HOME, WHILE DURING THIS TIME SUDDENLY THE ADMIRAL FROM THE BASE (PEARL HARBOR HAWAII) HAD SENT ORDERS FOR ME TO BE SENT ON DEPLOYMENT WITH THE USS INGERSOLL ON A SIX (6) MONTH DEPLOYMENT.
THIS INFORMATION WAS GIVEN TO ME THROUGH MY SUPERIORS AT COMAFLOATRAGRU MIDPAC SEVEN (7) DAYS PRIOR TO THE USS INGERSOLL WESTPAC, DEPLOYMENT. KNOWING ABOUT THESE ORDERS IN SUCH A RAPID AND SHORT NOTICE OF TIME AND THE FACT THAT MY WIFE WAS STILL UNSTABLE IN THE UNITED STATES, CAUSED ME SUCH DEPRESSION, ANXIETY AND STRESS THAT I DIDN'T KNOW WHO TO TURN TO. THE EXACT DAY THAT THESE ORDERS BECAME KNOWN TO ME, I INFORMED MY WIFE ABOUT WHAT WAS GOING TO HAPPEN. SHE REACTED SO ANGRILY AND BEGAN PLEADING FOR A DIVORCE SO SHE COULD LEAVE ME WITH MY SON BACK TO JAPAN. I FELT LIKE ENDING MY LIFE, I REALLY WANTED TO END IT.
WHILE MY PERSONAL SITUATION MY WIFE WAS GETTING WORSE, I HAD ALSO DISCOVERED THAT MY MOTHER, WAS HOSPITALIZE IN NEW YORK CITY DUE TO MENTAL ILLNESS SUFFERING FROM SCHIZOPHRENIA,
WITH THINGS GOING SO BAD FOR ME ALL OF A SUDDEN. THE NEXT WORKING DAY I DECIDED TO TALK TO SOMEONE WHICH I DESPERATELY NEEDED TO DO, I APPROACH MY CHIEF (RADIONMAN CHIEF S_) AND TOLD HIM THAT I WANTED TO COMMIT SUICIDE BECAUSE OF MY WIFE WANTING TO LEAVE ME SINCE I WAS DEPLOYING AND ALSO MY MOTHER'S PROBLEM. MY CHIEF REPORTED WHAT I HAD TOLD HIM TO THE CHAIN OF COMMAND AND WAS ORDERED TO ESCORTED ME TO A PSYCHIATRIST AT MEDICAL IN PEARL HARBOR, HAWAII. THE PSYCHIATRIST HAD SEEN ME TWICE AND RECOMMENED TO THE ADMIRAL OF THE BASE THAT I WAS NOT FIT FOR DEPLOYMENT SO FROM THIS RECOMMENDATION I WAS TOLD THAT I WOULD BE MEDICALLY DISCHARGED FROM THE NAVY THRU COMAFLOATRAGRU MIDPAC DUE TO NOT BEING FIT FOR ACTIVE DUTY BECAUSE OF MY CONDITIONS.

AT THAT TIME WITH MY CAREER COMMING TO AN END THINGS WERE EVEN MORE HARDER AND COMPLICATED, ONE DAY WHILE STILL AWAITING TO BE DISCHARGED FROM THE NAVY DUE TO MEDICAL REASONS, I WAS STILL AN ACTIVE DUTY RADIOMAN FOR COMAFLOATRAGRU MIDPAC. ONE PARTICULAR DAY I HAD DUTY FROM 0730 WHICH REQUIRED ME TO CARRY A BEEPER AFTER WORKING HOURS TILL THE FOLLOWING DAY UNTIL 0700, AFTER FULFILLING MY DUTIES DURING THE DAY, I RETURNED TO MY HOUSE WITH SO MANY THINGS ON MY MIND ONLY TO DISCOVER THAT MY WIFE WAS STILL SO UPSET FROM THE PREVIOUS SITUATION AND WHAT WE MIGHT BE FACEING IN THE FUTURE WITH ME NOT HAVING A JOB. THAT EVENING THINGS GOT WORSE AND MY WIFE AND I BEGAN TO ARGUE NOT BEING ABLE TO WITHSTAND THE PRESSURE, I WENT OUT TO A BAR AND HAD DRANK TO THE POINT WHERE I BLACK-OUT AND THAT'S WHEN I CAME TO REALIZE THAT I HAD BEEN ARRESTED FOR DRIVING WHILE UNDER THE INFLUENCE. THE POLICE HAD TOLD ME WHEN I SOBERED WILL ENOUGH THAT I HAD CRASHED INTO A FENCE AND THAT I WAS PASSED OUT. I WAS ALLOWED TO MAKE ONE PHONE CALL SO I CALLED THE DUTY OFFICER IN COMAFLOATRAGRU AND REPORTED WHAT HAD OCCURED. MY DIVISION OFFICER CAME TO THE POLICE STATION AND BAILED ME OUT OF JAIL AFTERWARDS ORDERED ME HOME FOR THE DAY. THE NEXT WORKING DAY, I WAS PRESENTED WITH A REPORT CHIT, SIGNED IT AND WENT TO CAPTAINS MAST FOR VIOL UCMJ ART 92 FAIL TO OBEY A LAWFUL GENERAL ORDER, CONSUMING ALCHOL WHILE IN A DUTY STATUS, VIOL UCMJ ART 112 DRUNK ON DUTY, PUNISHMENT AWARDED:  FORFEITURE $300,00 PPM X 01 MONTH (SUSP 6 MOS) AND REDUCTION FROM AN THIRDCLASS PETTY OFFICER E-4 TO A SEAMAN E-3. AS A RESULT OF WHAT HAD HAPPENED, I WAS SENT TO TEMPORARY PERSONNEL UNIT (TPU) DUE TO CAPTAIN MAST I NO LONGER HELD A CLEARANCE TO HANDLE MESSAGES TRAFFIC SO I COULD NO LONGER WORK FOR COMAFLOATRAGRU MIDPAC. AT TEMPORARY PERSONNEL UNIT I REMAINED UNTIL I WAS DISCHARGED FOR MISCONDUCT INSTEAD OF THE ORGINIAL MEDICAL REASONS AND RECEIVED AN UNDER OTHER THAN HONORABLE CONDITION AND A CODE TYPE FOUR DISCHARGE.

DURING THE TIME HAVING TO DEAL WITH SO MUCH WAS QUITE STRESSFUL AND THEN ON TOP OF ALL THINGS TRYING TO FIND A JOB HAS BEEN EVEN MORE STRESSFUL, WITH A DISCHARGE FOR MISCONDUCT AND A UNDER OTHER THAN HONORABLE CONDITIONS EMPLOYERS WOULD NOT EVEN THINK ABOUT HIRING ME BUT FORTUNATELY, I HAVE SURVIVED) THE WORSE AND AM LOOKING FORWARD TO BUILDING A NEW FUTURE.

WHILE IN MY FIRST ENLISTMENT I HAVE BEEN TO CAPTAINS MAST FOR ART. 121 STEALING FROM THE NAVY EXCHANGE (A CASSETTE TAPE) BACK IN 10 SEPTMEBER 1987, ALSO ART. 113 LEAVING MY POST BEFORE BEING PROPERLY RELIEVED (DURING A SCHOOL) BACK IN 29 OCTOBER 1987, ART 121 WRONGFUL APPROPRIATION (MY FIRST COMMAND) 18 SEPTMEBER 1989. AFTER I REENLISTED IN 19 AUGUST 1994, I WENT TO CAPTAINS MAST FOR ART. 86 UNAUHTORIZED ABSENCE (MY SECOND COMMAND) AND THEN MY LAST ART 92 AND ART 112 FAIL TO OBEY A LAWFUL GENERAL ORDER AND DRUNK ON DUTY, NON OF THESE WERE CONSECUTIVELY NOR WAS I A BELOW AVERAGE SAILOR WITH THIS LETTER I SEND YOU MY EVALS FROM MY NINE YEARS IN THE NAVY.

I HAVE HAD TO DEAL WITH TREMENDOUS PRESSURE WHILE IN SERVICE. I HAVE SUFFERED THE LOSS OF MY MILITARY LIFE OF NINE (9) YEARS, IT HAS GIVEN ME AN UNDER THAN HONORABLE DISCHARGE. I HOPE AND PRAY THAT GIVEN THE CIRCUMSTANCES SURROUNDING THE LAST YEAR OF MY MILITARY LIFE, THAT THE BENEFIT OF A DOUBT BE GIVEN TO ME AND MY DISCHARGE BE UPGRADED TO A HONORABLE. REMAINING WITH AN UNDER OTHER THAN HONORABLE CONDITION FOR THE REST OF MY LIFE IS TRULY UNJUSTIFIED CONSIDERING THAT I SERVED HONORABLY FOR EIGHT (8) YEARS PRIOR TO MY LAST YEAR AND PRIOR TO THE DWI. I HAVE ADJUSTED WELL TO CIVILIAN LIFE, AND REALIZING MY ERRORS. I AM PROUD OF MY ADJUSTMENT AND I KNOW THAT MY LIFE WILL CONTINUE TO LEARN AND GROW. HAVING AN HONORABLE DISCHARGE WILL PUT AN END TO A STRESSFUL AND DIFFICULT PAST.
I WOULD TRULY LIKE TO THANK YOU FOR THE OPPORTUNITY OF EXPRESSING MY THOUGHTS AND I HOPE AND TRUST THAT I WOULD BE GIVEN THE BENEFIT OF A DOUBT AND TRUST FOR A FAVORABLE REPLY.

SINCERELY YOURS,
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        870519 - 910818  HON
         Inactive: USNR (DEP)     870331 - 870518  COG

 Period of Service Under Review :
Date of Enlistment: 910819               Date of Discharge: 960503

 Length of Service (years, months, days):

         Active: 04 08 15
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4 (22 months extension)

 Education Level: 12                        AFQT: 30

 Highest Rate: RM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.77 (6)    Behavior: 3.73 (6)                OTA: 3.83

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, NER (2), NUC, NMCOSR (2)

 Days of Unauthorized Absence: 1

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

920428:  NJP for violation of UCMJ, Article 86: Unauthorized absence 0800, 17Mar92 to 0630, 19Mar92 (1 day/surrendered).
         Award: Forfeiture of $273 per month for 1 month, reduction to RMSN. Reduction suspended for 6 months. No indication of appeal in the record.
951221:  Retention Warning: Advised of deficiency (Inability to deploy due to adjustment disorder with depressed mood and passive-aggressive and self-defeating personality traits.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

960208:  Medical officer statement: Applicant diagnosed with adjustment disorder with depressed mood, resolving, personality disorder NOS with passive aggressive and self defeating features. The psychiatrist recommended separation based on a personality disorder of such severity as to render the applicant incapable of serving adequately in the naval service. Applicant was considered self-destructive and a continuing risk of harm to self or others.

960223:  NJP for violation of UCMJ, Article 92: Fail to obey a lawful general order on 20Feb96, to wit: consuming alcohol while in a duty status, violation of UCMJ Article 112: Drunk on duty on 20Feb96.
         Award: Forfeiture of $300 per month for 1 month, reduction to RMSN. Forfeiture suspended for 6 months. No indication of appeal in the record.
960307:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense as evidenced by commanding officer's nonjudicial punishment held on 23 February 1996 and convenience of the government on the basis of personality disorder as evidenced by medical evaluation of 8 February 1996.
960308:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
960325:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and by reason of a personality disorder.

960419:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960503 under other than honorable conditions for misconduct due to commission of a serious offense (A and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).

In the applicant’s issue 1, the Board found that although the applicant may have had a satisfactory service record, the applicant had some very serious misconduct when he was drunk on duty and failed to obey a lawful general order. 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. The applicant is strongly encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective
22 Jul 94 until 02 Oct 96, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.
B. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article [e.g., 86, for unauthorized absence for a period in excess of 30 days] if adjudged at a Special or General Court-Martial.
C. 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.

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
                  Washington Navy Yard
                  720 Kennon Street SE Rm 309
                  Washington, D.C. 20374-5023     


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