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NAVY | DRB | 2000_Navy | ND00-00057
Original file (ND00-00057.rtf) Auto-classification: Denied


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

ex-SHSR, USN
Docket No. ND00-00057

Applicant’s Request
The application for discharge review, received 991013, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant requested a personal appearance hearing before a traveling panel closest to Cincinnati, OH. The applicant did not list any as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000616. 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 of misconduct, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. I am writing you with the deepest faith in the Heavenly Father, hoping that you will see that this asking of your help is greatly need in the process of up-grading my discharge. My Navy career was short lived due to a lot of problems evolving from incidents where my behavior disorders (manic depression, attention deficit disorder, explosive disorder, and hearing voices), not to mention chemical dependency issues went undetected. My situation apparently wasn't 100% my fault. There were problems within my division aboard USS Midway CV-41 among the division leaders that showed ineffective leadership qualities, lacking in self respect and a lot of racial imbalance. I dealt with these circumstances for some time, but I had no one to talk to about the problems these circumstances were doing to me "mentally". I began to act out my aggression and lost all hope of having a Naval career, which was my goal at the point of my enlistment. I loved my job and was a team-worker. I gave my all to all tasks that was assigned to me. I set out to learn as much as possible about my "rate" (SH). S-3 division (crew) was a situations and how ineffective "use", of the chain of command was because my CPO (SHC F_) had a different view on life. I felt like people were playing games with their authority. I can't remember all the reasons I went to Captain's Mast, but it seemed like I couldn't avoid going. I wanted to be a 4.0 sailor, but how could I be a 4.0 when these people had the overall decision. I truly needed to see a psycharist about those issues I was facing bbut I am finally getting help now! I set out to ask for an up-grade in "87" but I went back overseas to Tokyo, Japan, to live on a tourist visa/worker's visa doing something to survive. I went to Sophia College of Language Arts and sought help from a Japanese psycharist in "87". This seeking help has continued off and on until the present. I feel my discharge should be up-graded because these issues (illnesses) were overlooked. My evaluations at the lowest point were of "behavior" and "reliability". I truly deserved higher evaluations, but back then having a positive self image and self esteem with motivation and constancy seemed far fetched. I have been through a lot of hard time, hardships, short comings, failures, disappointments and other major mental loses of self trying to find a way out without committing suicide or homicide. There were times I felt like an animal and need to be incarcerated (in a cage). My behavior has cost me 12 years plus of non productivity and negative self worth. Today, I am writing you as a stronger man, father and husband! I have four children (My step daughter is deaf). I attend sign language classes. I worked as a teacher, paraprofessional (special education BDSC), embalmer technician, barber/stylist, construction, landscaper, and labor in production work to survive and rise above the problems I have created and the obstacles that I overcame to be a humble servant of the Heavenly Father and be a strong leader for my family. Please consider this as a goal that can be achieved and I won't let your decision be wasted or misused. I am currently on disability and with an upgraded discharge, I can apply for a grant of some sort that would allow me to go to barber school in Dayton, Ohio, so that I can be more independent of my financial situation and obligations. God bless you.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (Member 1)
Copy of discharge certificate dated December 31, 1986
Character reference dated October 7, 1999
Copy of police record
Copy of paraprofessional license
Personal reference sheet from Butler County Sheriff's office
Letter from Comprehensive Counseling Service dated October 5, 1999
Letter from applicant's probation officer
Copy of diagnostic impressions dated January 29, 1999
Copy of admission form for Butler County Mental Health Board
Thank you note dated November 19, 1989

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)              840428 - 840724  COG

 Period of Service Under Review :
Date of Enlistment: 840725               Date of Discharge: 870102

 Length of Service (years, months, days):

         Active: 02 05 08
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

 Education Level: 12                        AFQT: 42

 Highest Rate: SHSA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (2)    Behavior: 2.90 (2)                OTA: 3.30

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

Days of Unauthorized Absence: None

 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 :

850527:  Retention Warning from USS MIDWAY (CV-41): Advised of deficiency (Repeated disciplinary infractions.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

850719:  NJP for violation of UCMJ, Article 116: Breach of peace on 28Apr85, violation of UCMJ Article 128 (2 specs): Assault two service members and cause grievous bodily harm to two service members which required both members to receive sutures due to cuts inflicted on 28Apr85.
         Award: Forfeiture of $310 per month for 1 month, restriction and extra duty for 30 days, reduction to SHSR. No indication of appeal in the record.
851212:  Retention Warning from USS MIDWAY (CV-41): Advised of deficiency (Falsely signing documents, disrespect towards CPO.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

860522:  Retention Warning from USS MIDWAY (CV-41): Advised of deficiency Late for quarters, making verbal false statements for the purpose of malingering.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

860828:  NJP for violation of UCMJ, Article 86 (3 specs): Unauthorized absence from 0630 to 0730, 2Aug86, fail to go to appointed place of duty on 25Jul86, fail to go to appointed place of duty on 25Jul86.
         Award: Forfeiture of $358 per month for 1 month, correctional custody for 30 days. No indication of appeal in the record.
860828:  Retention Warning from USS MIDWAY (CV-41): Advised of deficiency (Disciplinary infractions and pattern of misconduct.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.         

861029:  NJP for violation of UCMJ, Article 86 (2 specs): Unauthorized absence (less than 24 hours).
         Award: Restriction and extra duty for 45 days. No indication of appeal in the record.
861120:  NJP for violation of UCMJ, Article 86 (4 specs): Unauthorized absence from appointed place of duty 0630, 5Nov86, 0630, 9Nov86, 1000, 10Nov86 and 1000, 13Nov86.
         Award: Forfeiture of $357 per month for 1 month, restriction and extra duty for 30 days, reduction to SHSR. No indication of appeal in the record.
861121:  USS MIDWAY (CV 41) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by three or more punishments or convictions within your current enlistment (NJP's on 19 July 1985, 28 August 1986, 29 October 1986 and 20 November 1986, the latest offense to have occurred while assigned to USS Midway (NJP on 20 November 1986 and misconduct due to commission of a serious offenses as evidenced y the commission of an offense for which a punitive discharge is authorized under the Manual for Courts-Martial.
861121:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
861125:  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.

861202:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 870102 under other than honorable conditions for misconduct due to a pattern of misconduct (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 response to applicant’s issue 1, the Board determined that to permit relief, an error or injustice must be found to have existed during the period of enlistment under review. There was nothing in the records, nor did the applicant provide any documentation, to indicate there existed an error of fact, law, procedure, or discretion at the time of discharge. There was no rights violation and no basis for relief. The Board also determined that the applicant’s post-service documentation did not provide enough evidence of good character and conduct. Relief will not be granted.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A, Change 4/86, effective
06 Oct 86 until 14 Dec 86), Article 3630600, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT, A PATTERN OF MISCONDUCT.

B. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 128, for assault, 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 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      


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