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NAVY | DRB | 2002_Navy | ND02-00661
Original file (ND02-00661.rtf) Auto-classification: Approved


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

ex-MMFR, USN
Docket No. ND02-00661

Applicant’s Request
The application for discharge review, received 020409, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant listed the State of Connecticut, Department of Veteran Affairs as the representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that he was approaching the 15 year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington D.C. area. Applicant did not respond.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030116. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned there was no impropriety or inequity in the characterization of the applicant’s service at the time of his discharge. However, after consideration of the Applicant's substantial post service accomplishments, good citizenship, military record, and subsequent diagnosis of chronic illness, the Board determined that partial relief was warranted on the basis of equity. The Board’s vote was 3 to 2 that the character of the discharge shall change and 5 to 0 that the reason for discharge will remain the same. The discharge shall change to: UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. I wish to have my character of service upgraded to honorable for the reasons I have outlined below.

During my first three years in the Navy, I was academically involved in my military service studying in the field of nuclear power. The job was fascinating and challenging and my work ethic and performance was superb, I had excellent Grade point average and performance reviews. Unfortunately I failed the written finals to become a nuclear power engineer and I was sent to the conventional fleet. I would in many circles be considered a nerd, which is not a problem in nuclear school. I also had a medical condition, which I was unaware of this has recently been diagnosed as Tourette's Syndrome. This condition, in my case, consists of motor tics and behavior disorder. Since this diagnosis I have been on medication, which allows me to control these spasms.

In the first 10 months of my service on board the USS Coronado I had experienced no major problems. I was not the type who mixes well socially, being so nerdy and a spaz, so I found it difficult to fit into the engine room crew, but I constantly made an effort, until this particular event happened. A first class petty officer was screaming at a fellow enlisted man, until the he became blue in the face. I thought the petty officer was going to have a heart attack. I intervened hoping to diffuse the situation a bit by asking the petty officer to clam down. Unfortunately because of his enraged state, he then focused his rage to me because I was "telling him what to do." I was placed on report for "Disrespectful Language to a Petty Officer." From this point on I was classified as undesirable person within the unit. I was constantly harassed and put on the worst duties, which included two days 'in the engine area cleaning out sludge with a small shovel. While I tried to maintain my bearing, which is evident by my good performance reviews after two NJP'S, but the harassments continued and I lost heart, I found myself in trouble for the smallest offences.

My disability, due to the stress of my surroundings, became enhanced. My habit of twitching my shoulder, and head was more noticeable and no one wanted to be around me. While I had been a loner before, I was on restriction and constantly around people but I was isolated by a stigma that had been attached to me. My self-esteem was very low and depression set in. Due to my surrounding atmosphere, and emotional state, I felt that offering any defense during my NJP would be ineffective. Therefore, I made no statements in my defense. (The lack of concern by my crewmates is highlighted by the fact that the original crewmember that was being "disciplined" did not come to my defense either.) The engine crew of the USS Coronado decided that I did not belong there and unfortunately, I could not disagree.

I include with this petition my military records and a number of statements from people that know me well. In reviewing these it is my hope that the board will be sympathetic to my request and grant me an upgrade in my disposition of discharge.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Applicant's DD Form 214
Job/character reference dated March 2002
Character reference dated February 26, 2002
Character reference dated March 5, 2002
Letter of recommendation dated February 26, 2002
Character reference, undated
Character reference, undated
Character reference dated February 26, 2002
Character reference dated February 26, 2002
Character reference dated February 26, 2002
Character reference dated February 20, 2002
Character reference dated February 25, 2002
Character reference, undated
Character reference dated February 21, 2002
Character reference dated May 8, 2001
Character reference dated May 14, 2001
Neurological Specialists report dated March 1, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     831217 - 831228  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 831229               Date of Discharge: 870903

 Length of Service (years, months, days):

         Active: 03 08 04
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

 Education Level: 12 1/2           AFQT: 83

 Highest Rate: MM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.10 (4)    Behavior: 3.15 (4)                OTA: 3.10

 Military Decorations: None

 Unit/Campaign/Service Awards: NUC, MUC, AFEM, 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 :

861010:  NJP for violation of UCMJ, Article 91: Disrespectful in language on 13 Sep 86.
         Award: Forfeiture of $400 per month for 2 months, reduction to MMFN. Reduction suspended for 6 months. No indication of appeal in the record.
861105:  Vacate suspended reduction to MMFN awarded at CO's NJP dated 10Oct86 due to continued misconduct.
870514:  NJP for violation of UCMJ, Article 91 (2 specs): Disrespectful in language towards PO1 on 8 May 87, (2) Having received a lawful order from a PO1 to hold field day in 1 MMR, willfully disobey the same on 8 May 87, violation of UCMJ, Article 92: Derelict in the performance of those duties in that he failed to hold field day in 1 MMR, as it was his duty to do n 8 May 87.
         Award: Extra duty for 21 days, reduction to MMFA. No indication of appeal in the record.
870514:  Retention Warning from USS CORONADO (AGF 11): Advised of deficiency (Disrespectful in language towards a first class petty officer, having received a lawful order from a first class petty officer, to hold a field day in #1 MMR, willfully disobey the same and derelict in the performance of those duties in that he failed to hold field day in the #1 MMR, as it was his duty to do.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

870714:  NJP for violation of UCMJ, Article 86: Fail to go at time prescribed to appointed place of duty on 8 Jul 87, to wit: Number One (1) MMR emergency fire party relief.
         Award: Restriction for 21 days, reduction to MMFR. No indication of appeal in the record.
870727:  USS CORONADO (AGF 11) 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 nonjudicial punishments during your current enlistment.
870727:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
870801:  Commanding Officer, USS CORONADO (AGF 11) recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

870827:  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 870903 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). 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).

 After consideration of the Applicant's substantial post service accomplishments, good citizenship, military record and subsequent diagnosis of chronic illness, the Board determined that partial relief was warranted on equitable grounds. The Board voted three to two that the discharge characterization shall change to Under Honorable Conditions (General) and voted unanimously that the reason for discharge remains the same. Characterization of service as general (under honorable conditions) is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. The applicant’s service was marred by the award of nonjudicial punishment (NJP) on 3 occasions for violations of the Uniform Code of Military Justice (UCMJ). The Board determined that the seriousness of the applicant's misconduct prevented changing the discharge characterization to fully Honorable.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A, effective 870615 - 890110), Article 3630600, SEPARATION OF ENLISTED MEMBERS 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. 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 Rm 309
                  Washington Navy Yard DC 20374-5023      


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