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NAVY | DRB | 2001_Navy | ND01-00432
Original file (ND01-00432.rtf) Auto-classification: Denied


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


ex-SR, USNR
Docket No. ND01-00432

Applicant’s Request
The application for discharge review, received 010222, requested that the characterization of service on the discharge be changed to honorable. 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 010829. 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/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues (verbatim)

1. I was diagnosed with depression. Lt. Commander G_ thought I was an alcoholic. There is a difference. I was not allowed to excel in my military studies, instead, was sent to ARC, and a psychiatric unit at Great Lakes. This is an error. I self-medicated using alcohol. I was "black balled" from the beginning. I have records indicating that I am in the best shape of my life now. I passed my Minnesota Multiphasic Personality Inventory. I have assisted local city, and state law enforcement and fire officials. I have acted as an informant for several departments assisting them with written reports about subversive groups (IE) O.G.I.A. information. I attend Oklahoma County local emergency planning committee meetings. I am currently a forensic science major. I am also an Honors student by contract. I have had weapons of offensive measures (IE) 30.06. put to my head while on duty as a security officer by a believed OKC H_. I have stopped black on black violence, acted as a deterrent to gang violence, stopped a skinhead from raping a woman, assisted in other scenarios. I am grateful to my country and the Navy for the excellent fire-fighting & damage control training. Thank you. I helped officials on scene at a fire in Edmond discover who started the fire. I am not currently an alcoholic, that is a state of mind. I bounced enough bars to know. I want to serve my state now. I only ask that an investigator come & talk to me or call me. If Lt. Commander T_ S_ G_ could see me now. He would be so proud, as proud as I am of how I have served my state. I respectfully request that my country let me continue my service. I serve Oklahoma with heart felt love. I only wish I could display my Navy things with pride in my heart, but until we can work together to correct this obvious error I must hide my Navy memorabilia. Honorable American,
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from Oklahoma State University dated May 31, 2001
Copy of Spring 2001 grade report
 Copy of DD Form 214
 Copy of criminal history information dated April 1, 1997
Copy of notification of psychologic evaluation dated December 11, 1996
 Copy of certificate of training
 Copy of Oklahoma self defense concealed weapon license
Copy of Oklahoma Native America driver's license
 Copy of student card for Oklahoma State University
 Copy of thank you letter from the City of Oklahoma City, Department of Public Works dated January 26, 2001
 Letter from City of Oklahoma City, Department of Public Works dated January 26, 2001
 Copy of certificate of appreciation dated January 26, 2001

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: None

 Period of Service Under Review :
Date of Enlistment: 931221               Date of Discharge: 960131

 Length of Service (years, months, days):
         Active: 02 00 29
          Inactive: 00 00 12

 Age at Entry: 19                          Years Contracted: 8
Education Level: 12                        AFQT: 33

 Highest Rate: SA
Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (1)    Behavior: 3.20 (1)                OTA: 3.60
Military Decorations: None

 Unit/Campaign/Service Awards: NDSM
Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.
Chronological Listing of Significant Service Events :

940103:  Applicant to active duty.
940602:  Retention Warning from PCU Chief MCM 14, Sturgeon Bay, WI: Advised of deficiency (Underage drinking-violating Wisconsin state law.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

940708:  NJP for violation of UCMJ, Article 91: Disrespectful in language toward MS1 by saying to him "fuck you" on 0316, 12Jun94, violation of UCMJ, Article 92: Disobey a lawful order on 12Jun94, to wit: do not drink alcoholic beverages before 21 st birthday, violation of UCMJ, Article 117: Provoking speeches, to wit: why don't you go fuck yourself" on 0316, 12Jun94; violation of UCMJ, Article 134: Drunk and disorderly conduct on 0316, 12Jun94.
         Award: Forfeiture of $400 per month for 2 months, restriction and extra duty for 30 days. No indication of appeal in the record.
941213:  NJP for violation of UCMJ, Article 90: Willfully disobey a superior commissioned officer on 1Dec94, to wit: not to purchase or drink alcoholic beverages before his 21 st birthday, violation of UCMJ, Article 92 (3 specs): (1) Disobey a lawful order on 0630, 2Dec94, to wit: not submitting to a medical examination, (2) Disobey a lawful order on 2Dec94, to wit: failing to participate in the command's after care program, (3) Disobey a lawful order on 1Dec94, to wit: creating a disturbance during the night hours between taps and reveille, violation of UCMJ, Article 134: Communicate a threat.
         Award: Restriction and extra duty for 30 days, reduction to SR. No indication of appeal in the record.
950104:  Retention Warning from USS CHIEF (MCM-14): Advised of deficiency (You were a half hour late for restriction muster which is in direct violation of CHIEFINST 5812.1. Any subsequent violations will result in your being placed on report.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.    

950211:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ, Article 91: Disrespect
          Award: Recommended for administrative discharge (OTH).
950426:  Special Court-Martial.
          Charge I: violation of the UCMJ, Article 92 (2 specifications):
          Specification 1: Disobey a lawful order on 20Feb95.
          Specification 2: Violate a lawful general regulation on 20Feb95.
         Charge II: violation of the UCMJ, Article 117:
          Specification: Wrongful use of provoking words on 20Feb95.
          Charge III: violation of the UCMJ, Article 128:
          Specification: Unlawfully strike a seaman on 27Feb95.
          Findings: to Charge I and II and specifications thereunder, guilty.
         Sentence: Confinement for 6 months.
                  
950429:  Applicant to confinement.

 950807:  Applicant from confinement.

 951011:  Commanding Officer, Naval Air Station, Pensacola, FL notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense as evidenced by nonjudicial punishment on 8 July 1994 for violation of the UCMJ, Articles 91, 92, and 117; 13 December 1994 for violation of the UCMJ, Articles 90, 92, and 134; 11 February 1995 for violation of the UCMJ, Article 91; and a special court-martial on 26 April 1995 for violation of the UCMJ, Articles 92, 117, and 128 offenses for which a punitive discharge could have been awarded; and misconduct due to a pattern of misconduct for the above listed offenses.
951011:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
951208:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to a pattern of misconduct.

960117:  BUPERS 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 960131 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 the applicant’s issue, the Board does not accept “depression” or using alcohol to “self-medicate” as factors sufficient to exculpate the applicant from the consequences of his misconduct. While the Board recognizes that Alcoholism and alcohol abuse are not, in themselves, offenses which constitute grounds for punishment, it reminds applicants who commit offenses while drinking that they are still responsible for their actions. They must accept the consequences of their misconduct or misbehavior. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. 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 some documentation of his post-service, however, t he applicant's efforts need to be more encompassing than those provided. The applicant should have produced more evidence of continuing educational pursuits, a verifiable employment record, more documentation of his community service that he discussed in his issue to the Board and proof of his not using alcohol (rehab; etc) 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 a personal appearance hearing provided the application is received within 15 years from the date of discharge. Relief denied.

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 – 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 92, for disobeying a lawful order, 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 “ afls10.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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