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NAVY | DRB | 2000_Navy | ND00-00823
Original file (ND00-00823.rtf) Auto-classification: Denied


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

ex-PCSR, USN
Docket No. ND00-00823

Applicant’s Request
The application for discharge review, received 000616, requested that the characterization of service on the discharge be changed to Entry Level Separation or Uncharacterized. The applicant requested a documentary record discharge review. The applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010111. 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: BAD CONDUCT/COURT MARTIAL CONVICTION, authority: NAVMILPERSMAN, Article 3640420.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. Please forgive me because I did not know the necessary procedure to get a full copy of my service record, so I can not give the approximate dates of events. My discharge is improper because my military service record clearly shows that after being an excellent young sailor my command failed to recognize the pattern of events that led to my discharge. I was a member of a "special" company (Triple Threat) in boot camp at Great Lakes, Ill. I was a section leader for my entire time at RTC Great Lakes. After RTC, I transferred to Postal Clerk "A" school at Ft. Ben Harrison in Indianapolis, IN. I finished "A7' school in the top 10 percent of my class. Upon completion of "A" school, I transferred to the USS Abraham Lincoln, stationed in Alameda, CA. I was a rated Postal Clerk, and was assigned to the post office when I arrived. On the Lincoln, I was the lowest ranked member in my office. My chief was quiet and reserved. Other than in the office, there was no attempt by him to help me adjust to life as a sailor. I was twenty years, old three thousand miles from home, and I felt alone. My first time out on the water was West Pack (six month cruise) no more than a month after I first arrived.
Once underway, the alienation in my work area continued. On the outside I was a model sailor. I have never had any problems with my work (please check my records and evaluations). But inside I was torn. Every time we would go into port, I would drink until I nearly passed out. At times, my chief would have to wake me out of my rack. This continued the entire cruise. Even after the cruise ended, I continued to drink. I would go to lunch and consume alcohol. My chief would lecture and threaten disciplinary action, but he never did. My first disciplinary action as a sailor was a result of drinking. I was sent to Captain's Mast. This was in April 94. I was caught drinking underage. I was placed on restrictions, and after my punishment I returned to my old ways. By then, I had to drink (get drunk) everyday. My chief and petty officer first class would lecture me on how I would get in trouble again. I was never taken to DAPA or anyone else in my command about my drinking. Around the summer of '94 1 was transferred because of medical reasons. I was happy to learn that my chief at my new command was my old chief from the Lincoln. I was excited too because my new command was less structured than the ship, and it was also a 9 to 5(no duty). I realize now that I was not mature enough to manage my time. The lack of concern by my command influenced the behavior that led me to destroy my Navy career. I would come to work drunk. Nothing happened. So I came to work even more drunk. Eventually I wouldn't even get out of bed for work. I would be UA for days at a time, and chief would come by and tell me to come to work tomorrow. I would be drunk then. I was apprehended for shoplifting at the Navy Exchange. I was UA at the time. Ironically, the item I was attempting to steal was orange juice so I could have something to mix my alcohol with. I was detained in the brig until my dismissal from my Naval service.
 Upon my arrival at home, I went back to my navy ways. Drinking daily. Only now something was different. My wife and my mother encouraged me to realize the damage I had caused myself, and the continuous strain I was placing on everyone who loved me. They encouraged me to talk to someone. Through the help of the church I was able to gain control of my drinking. Through prayer I was able to gain the faith needed to overcome alcoholism. I will be forever grateful to my loved ones for giving me support when I needed it most. I would like for the board to review my discharge, and consider it for change. It is with shame now that I discuss my naval service. In hindsight I wish my command would have recognized my problem with drinking. I was punished for underage drinking (Captain's Mast), but my command did nothing else. Being drunk was often glorified on the USS Lincoln. By no means am I trying to shift the blame on others. I take full responsibility for my own navy record. I also have overcome alcoholism. I would like for my discharge to be reviewed. I was left alone by my command. There was no type of support system for me. I was allowed to fall between the cracks. I was an excellent sailor, and that should not have happened. I dreamed of a career in the Navy. It is with the highest respect that I submit this request to you. Please consider it. Thank you.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     920909 - 930103  COG

 Period of Service Under Review :
Date of Enlistment: 930104               Date of Discharge: 960208

 Length of Service (years, months, days):

         Active: 03 01 05 (Doesn't exclude lost time or confinement time)
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 14                        AFQT: 84

 Highest Rate: PCSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.7 (2)     Behavior: 3.5 (2)                 OTA: 3.6

 Military Decorations: None

 Unit/Campaign/Service Awards: LOC, NDSM, Battle "E" Ribbon, SWASM (w/Bronze Star)

Days of Unauthorized Absence: 51

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

BAD CONDUCT/COURT MARTIAL CONVICTION, authority: NAVMILPERSMAN, Article 3640420.

 Chronological Listing of Significant Service Events :

940505:  NJP for violation of UCMJ, Article 134 (3 Specs):
 Spec 1 - wrongfully altered an ID
Spec 2 - wrongfully used an ID
Spec 3 - drinking underage.
         Award: Forfeiture of $300 per month for 2 months, restriction and extra duty for 30 days. No indication of appeal in the record.
940920:  Admission to Naval Hospital, Oakland, CA (Mental Health): 21 year male brought in from Treasure Island after speaking to the Chaplain. Pt states tried to kill himself yesterday after drinking. Pt was sitting in forn of the over with the oven open. Pt been drinking daily prior 3 weeks because his wife went home, wife came back. They've made up but pt still drinking. Pt states he feels trapped in the Navy. Pt would like some sleeping pills to get some sleep. Says he gets thoughts about killing himself daily.
         Diagnosis: 1 - Adjustment Disorder with Mixed disturbance of emotions & conduct and 2 - Alcohol Abuse.
         Recommendation: Strongly recommend evaluation by command DAPA for consideration of Level I or II rehabilitation treatment. Returned for full duty.
940928:  Unauthorized absence from Cdr Jt Mil Postal Activity Pac, at 0600. Intentions unknown.

941027:  Surrendered onboard Cdr Jt Mil Postal Activity Pac at 0706 (29 days/s).

941031:  Unauthorized absence from Cdr Jt Mil Postal Activity Pac, at 0600. Intentions unknown.

941115:  Surrendered onboard Cdr Jt Mil Postal Activity Pac at 0715 (15 days/s).

941115:  Unauthorized absence from Cdr Jt Mil Postal Activity Pac, at 0900. Intentions unknown.

941122:  Surrendered onboard Cdr Jt Mil Postal Activity Pac at 1710 (7 days/s).
941123:  Pre-trial confinement.

 950201:  Special Court Martial
         Charge I: violation of the UCMJ, Article 86, 3 Specifications: unauthorized absence (940928 - 941027 (29 days/S)) (941031 - 941126 (15 days/S)) and (941115 - 941122 (7 days/S)) (Totaling 51 days).
         Charge II: violation of the UCMJ, Article 123a, 10 Specifications: with intent to defraud and for the procurement of lawful currency, wrongfully and unlawfully make and utter to Navy Exchange, NAS, Alameda, CA, check upon the ALFA Credit Union, knowing he did not or would not have sufficient funds in or credit with such bank for payment of said checks in full upon presentment (checks totaling $1367.70).
         Additional Charge I: violation of the UCMJ, Article 91: on or about 22NOV94, disrespectful in language toward Senior Chief Master-at-Arms D_ W. S_, USN, then known by the said Postal Clerk Seaman (Applicant) to be a senior chief petty officer, who was then on exec ution of her officer, by saying to her "f--k this", "f--k your order", "put me on report", or words to that effect.
         Additional Charge II: violation of the UCMJ, Article 123a, 8 S Specifications: with intent to defraud and for the procurement of lawful currency, wrongfully and unlawfully make and utter to Navy Exchange, NAS, Alameda, CA, check upon the ALFA Credit Union, knowing he did not or would not have sufficient funds in or credit with such bank for payment of said checks in full upon presentment (checks totaling $1100.00).
         Findings: to Charge I and specifications 1, 2 and 3 thereunder, guilty.
         To Charge II and specifications 1 through 10 there under, guilty.
         To Additional Charge I, guilty.
         To Additional Charge II and specifications 1 through 8 there under, guilty
         Sentence: Confinement for 120 days, Bad Conduct discharge.
         CA 950413: Sentence approved and ordered executed, except for bad conduct discharge and effected reduction to E-1 per UCMJ, Article 58A.
        
950201:  To confinement.

950419:  From confinement; to appellate leave.
951018:  NMCCCA: The findings of guilty and sentence, as approved on review below, are affirmed. Affirm only so much of the sentence as provides for a bad-discharge and confinement for 71 days. [On 5 Oct 94, the NMCCMR changed their name to the Navy Marine Corps Court of Criminal Appeals (NMCCCA)]

960130:  SSPCMO: In accordance with UCMJ Article 58a, automatic reduction to pay-grade E-1 was effected 13 Apr 95. Article 71c, UCMJ, having been complied with, Bad Conduct discharge ordered executed.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960208 with a bad conduct due to court martial conviction (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).

In the applicant’s issue 1, r elevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts. With respect to a discharge adjudged by a court-martial case, the action of the NDRB is restricted to upgrades based on clemency. (B, Part IV) The applicant's case was considered under the pertinent standards of equity to determine if any factors in this particular case merited clemency. The NDRB found the applicant’s service record devoid of any mitigating or extenuating factors sufficient to offset the seriousness of the offenses for which the discharge was awarded. The applicant is reminded that he remains eligible for a personal appearance hearing provided that an 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 5, effective
05 Mar 93 until 02 Oct 96, Article 3640420, DISCHARGE OF ENLISTED PERSONNEL ADJUDGED BY SENTENCE OF COURTMARTIAL

B. Secretary of the Navy Instruction 5420.174C of 22 August 19984 (Manual for Discharge Review, 1984) enclosure (1), Chapter 2, paragraph 2.24, COURT-MARTIAL SPECIFICATION, PRESUMPTION CONCERNING.

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 Rm309
                  Washington Navy Yard DC 20374-5023      


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