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NAVY | DRB | 2003_Navy | ND03-00979
Original file (ND03-00979.rtf) Auto-classification: Denied


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

ex-HT2, USN
Docket No. ND03-00979

Applicant’s Request
The application for discharge review was received on 20030513. The Applicant requests the reason for the discharge be changed to Convenience of the Government. The Applicant requests 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 20040430. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the reason for discharge shall not change. The discharge shall remain: HONORABLE/ ALCOHOL REHABILITATION FAILURE, authority: MILPERSMAN, Article 3630550.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “To whom it may concern:

My name is J_ S_ W_ (Applicant) I proudly served in the United States Navy from September of 1989 until July of 1996. What I am writing you about is my request to have my narrative reason for discharge and my RE code changed but for a good reason. During either of my enlistments I never did anything to recieve any formal or informal disciplinary procedures, I never went to Captains Mass, XOI, and I always maintained very good work evaluations. I have never in my life been in trouble with civilian nor military law enforcement with the exception of 2 speeding tickets in my whole life and you have my expressed permission to perform any kind of background check on me you desire to verify my truthfulness. In fact I am currently am Oklahoma Department of Corrections Correctional Security Sergeant and have been for four years and two months and am also a Police Officer for the City of Purcell Oklahoma. I made a few terrible mistakes in my last year of service in the Navy that led up to my early discharge in wich I regret more than I could ever put into words. I was raised in a religous family in wich Divorce was unheard of during one of my final commands (The USS Emory S Lands) final deployments before my discharge I returned home to a situation wich ultamately led up to the final result my discharge. Upon arrival to my home port in Norfolk I stood at the end of the pier for four hours waiting for my wife to pick me up and of course she never arrived. My Chief at that time Chief R_ was leaving and asked if I needed a ride home and I of course accepted. When I got to the house I noticed my wife, son, and step daughters clothes were gone and so on and so forth. I also noticed a very large stack of unpaid bills. I went next door to my neighbors house to find out when the last time she had seen her and the kids and was told that morning my wife the kids and my wifes brother had left for he home in Arkansas due to a terminally ill family member. I phone my wifes mother to find out the details and was told that an uncle she had been very close to in her childhood was about to die of brain cancer. Well you can see where this is going no sick uncle, no wifes brother just her new boyfriend whom is now her husband, the stack of unpaid bills were three months of mortgage payments that were never paid along with all the other bills except of course the utilitys were the only thing current. I did not get to speak with my son or her nor could I even locate them for over four months this was in fall of 1994. A little about myself over this years before this happened I reenlisted in August 1993 for 6 years my best friend had finally be accepted to BUD’s and this was ultamatly my goal also. I worked out 7 days a week for at a minimum of 6 hours a day running, swimming, and pushups and situps and pull ups and ect. I had also passed by dive physical. I was scheduled to do my tryout the week after I returned home from this deployment and everything fell apart. I would have made it! Wether I would have made it through BUD’s I guess I will never know. A little about my son he was born July of 1991 7 weeks premature his mother developed pnuemonial at the end of her pregnancy and she almost died and would have had they not delivered him early and they told me not to expect either of them to live through the delivery well they did. Thank God and some number of awesome Navy medical staff at PNH. My son had to spend the next year on a machine that went off about every hour or so telling me he forgot to breathe (I didn’t sleep for that year) but my work evaluations never once reflected this. My wife was told she would never be able to have children again this meant my son was to be my only child for life so needless to say we were close. Now back to where I left off. Four months after she left she finally decided to call me and explained that she wanted a divorce, she had met some one else she wanted to be with and she didn’t want me to have any contact with my son that he needed a dad that was going to be there for him not out at sea all the time and any attempt on my part to find him, or contact him would result in her and him disappearing off the fact of this earth as she put it. Over the period of the next year I did began to drink though not heavily at first and up until this time this would have been unheard of for me because I was so concerned about getting in shape and getting accepted to BUD’s I filed for the divorce in January of 1995 and was divorced in I think it was August of 95 by then I had long since given up hope of ever going to Buds because who would pay the bills or watch over the house I owned in Portsmouth Va. while I was gone like she would have done had she not left and besides with all the emotional problems of divorce and not seeing or hearing from my son for over year as it turned out to be not the kind of stress and luggage you take to a place like BUD’s. I finally got to see my son after the divorce was final for fourteen days I was awarded joint custody of my son so I would have him for 6 months and she would have him for 6 months. The Judge also said because it had been so long since I had seen him that my 6 months would begin immiediately however I explained to him before I did this I would have to get back to Virginia and set up day care and set up some kind of arrangements for him to be taken care of should I be deployed. After I spent my fourteen days with my son who was now 2 year older since I had seen him last I returned to Virginia and started my preparation. Through Consumer Credit Counseling Services I had managed to Salvage my house from foreclosure because of the three months of bills she didn’t payed while saving money for her trip home when she left me and I had a budget made up and payment arrangements for all the other bills that were behind so financially I was coming around so I could take care of me and my son for our six months together. In late Sept of 95 I had arrangements made for me to go and get him and bring him back I phoned my ex-wifes mothers house where her and the kids had been staying to give her the date and time of my arrival and was told her and the kids were not living there anymore and that she didn’t have a phone number or address for her but she would tell her I called. Three months went by before I heard from her again in wich she told me that I needed to stop calling her mother and that she and my son were going on with there life and that there was no room in it for me that I should stop sending my child support checks because she didn’t want my money just for me to stay out of my sons life. Also again if I persued her in any legal fashion that her and my son would leave the US. and go to her new boy friends home country and I would never see my son again. After speaking to my attorney he advised me this would be a lengthy process to get this fixed especially with me being active duty military Judges don’t like to award full custody because its an unstable environment being deployable and all and I should seek some type of shore duty assignment especially close to home for now. I went to my division officer first and told him of my intent and was told my sea shore rotation as an E-5 Hull Maintenance Technician was 5 years sea duty and 3 years shore and that I had about 1 and ½ years sea duty left and I was going to finish it. I went back to my Cheif and told him what he said and he told me to do the foot work first. I called the detailer in D.C. to find out if there was anything open in Oklahoma my home or in the area she was supposed to be in Bentonville Arkansas and I was told there was a recruiting position open in Shawnee Oklahoma (my home town) and Fayetteville Arkansas (less than twenty miles from her town) and that I was eligible with my commands recommendation. I told my Chief whom also checked the ships manning list and verified that my transfer would not cause any problems. He and I both went to the Division officer with all this and then I got cussed up one side and down another and told I had already been given my answer, that he’d been through a divorce and I just needed to find another bitch have another pup and get over it” (his words) and that if I know whats good form me this better be the last he was to hear of this conversation his answer was final and he didn’t care what I did after I fulfilled my obligation to this division and this command. My cheif then encouraged me to go see the Chaplain and pursue a hardship discharge I explained to my Chief that I did not want out of the Navy I just wanted to get some where that I could get all the problems resolved however he still insisted that I go explain all the things to the Chaplain and if there was any heat to be faded over it by the Division officer because the issue was not dropped he would fade if. After explaining everything to the Chaplain that I have to you in this letter the Chaplain responded with these exact words “First of all son your wife and kids didn’t come in your sea bag your first priority in life is the Navy then some where after that comes family and friends and so on you need to calm down maybe have a stiff drink and relax and accept the things you can’t do anything about besides three or four years down the road these things have there way of working out now get on back to work you’ll be fine” I don’t think I will ever forget these words. Three or four years down the road there are years of kids life I cant never get back. Now at this time I’m finishing up with my sixth year of honorable service, excellent work evals, and no NJPs nothing I always gave 10% and took a lot of pride in my Service and had had every intention of doing a full twenty years and then one time I needed something, something realy important this is what I get I was only asking to drop approximately 1 and ½ years of sea duty. This was the night that Petty Officer W_ (Applicant) met J_ C_ Im not tyring to be funny Im just telling the truth. I had a very good friend at the time she was a hospital Corpsman 2nd Class Petty Officer on board the same command and she knew all about what I was going through we talked a lot she stuck with me as a friend over the last several months of my service. I tried everything I could think of to find my son including taking leave one or two more times to locate him. I got to where I could hardly sleep at night or eat or anything due to the stress and depression I was feeling and I got to where I would drink every night just so I could sleep. I never once showed up for work intoxicated and wouldn’t even think about doing it and of course I never drank on duty either but ever night for almost 8 and ½ months I did just to sleep. All this finally came to a head in about April or May of 1996 I don’t remember exact dates Im sure if you look in my service record its all in there. I came back from leave my last and final failed attempt to locate my ex and my kid and when I got to my house my friend the hospital corpsman was there feeding my dog and so was a few other friends from the ship that new I was due home. I got to drinking that night pretty heavy the deppression just kind of overwhelmed me and I went off into my room to get away from everyone and picked up a pistol I had kept in the night stand and began to contemplate suicide. My corpsman friend and a few others come in the room and found me asleep with this gun in my hand took it hid it and asked me when I woke up the next morning they all began asking me if I was thinking about hurting my self and I told them the thought had deffinetly crossed my mind. The next day upon arrival on board I was taken to medical and on the Portsmouth Naval Hospital where I stayed for a week and was given a psychological evaluation contracted for safety and was sent back fit for full duty to my command with the recommendation of alcohol rehabilitation Level 3. Well that same day my Chief called me into his office and explained to me that this whole thing had gone to far and that he was sorry that he Division had failed to help me and that he had known me for a long time and how good of shape I used to be in and that he knew my problem was not with alcohol but with my personal problems but at the rte I was going my problem would soon be with alcohol. My Chief also explained I needed to get out and go home and get these things worked out. He encouraged me to refuse ARC Level 3 and they would put me out with an honorable discharge. I again told him this wasn’t what I wanted but I guess I didn’t have a choice anymore. I even called home to my parents my Dad the Show me Oklahoma Fire Marshall and my mother a nurse and told them what had happened and what my intentions were and they both highly agreed and recommended I did the same. I know this wasn’t the right thing to do but I also cant sit here and say that I wasn’t abusing alcohol because I was and this was wrong and very much out of character for myself or anyone in my family for that matter but I had come to the end of a road and had no idea wich way to turn When I returned home It wasn’t with out a great deal of personal loss to my self I had to file bankruptcy I lost my home in Portsmouth and basically everything I owned short of my clothes, my truck and my dog. In a matter of 5 months I had my ex found my son in my custody and hadn’t in all that time even thought about drinking or had the slightest desire to do so and still don’t. My problem was getting my son. I would be on my 14 th year of service right now had I just gotten a little help and compassion. Anyway I take full responsibility for what happened I know If I would have looked harder I could have found other resources to have helped me if I would have been smart enough to know where or how to look. I have a very successful and rewarding carreer but what I dont have is the pride of knowing that I served my country well and that my Military carreer was completed successfully I do have an honorable discharge but not one to be proud of by no means, I am currently remarried my wife is also a Correctional Security Sergeant here at J_ H_ also my life is back together but with one large piece missing I want to fix what I broke and finish what I started it is not about money or anything else I miss beyond words being a member of the United States Armed Forces. I have spoken with an Army National Guard Recruiter which you will find a letter accompanying this from him along with several letters of reference from several of my Supervisors and co workers. He has explained to me that what I need to request is the narrative reason for discharge be changed to for the good of the government and my RE code be changed from RE 4 to a low enough level that I may be allowed to enlist in the Oklahoma Army National Guard. I have been out of the service for almost 7 years now I have always held a job and have not gotten in any trouble of any kind my life is totally on track but it is so very important to me to return to the service of my country and serve proudly again. I have already been told by the recruiter that I would be lowered to an E3 but honestly I wouldn’t care if I had to start over as an E1 just so that I be allowed to serve again. I beg you to take in to serious consideration my request and to make a favorable decision on my part and rest assured it wont be regretted on your part. I give you my honest and sincerest promise as a man, an American, a Police Officer, and a Correctional Officer that I will never again let you or my country down again.

Thank You for your time and consideration.

J_ S_ W_ (Applicant)”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Memorandum from Oklahoma Army and Air National Guard, Career Counselor, dated March 18, 2003
Character reference from Sergeant, Purcell Police Department, dated April 8, 2003
Interoffice Memorandum from Lieutenant, dated March 24, 2003
Letter of recommendation from Captain, dated March 27, 2003
Character/job reference dated April 1, 2003
Interoffice Memorandum from Lieutenant, dated April 4, 2003

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     890831 - 890918  COG
         Active: USN                        890919 - 930819  HON

 Period of Service Under Review :
Date of Enlistment: 930820               Date of Discharge: 960715

 Length of Service (years, months, days):

         Active: 02 10 27
         Inactive: None

 Age at Entry: 23                          Years Contracted: 6

 Education Level: 12                        AFQT: 24

 Highest Rate: HT2

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 4.00 (2)    Behavior: 4.00 (2)                OTA: 3.90
 Performance: 3.00 (1)    Behavior: 3.00 (1)                OTA: 2. 86

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, GCM, ASR, Letter of Commendation (2)

 Days of Unauthorized Absence: None

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

HONORABLE/ALCOHOL REHABILITATION FAILURE, authority: MILPERSMAN, Article 3630550.
Chronological Listing of Significant Service Events :

950822:  Applicant to unauthorized absence 0714-0750, 950822.

960429:  Applicant to unauthorized absence 0715-0722, 960429.

960506:  Applicant briefed on Navy's policy of drug and alcohol abuse.
960422:  Applicant admitted to psychiatric ward for suicidal ideations

 960425:  Applicant discharged from psychiatric ward. Discharge diagnoses: Observation for suspected mental condition. Alcohol dependence. Strongly recommend Level 3 treatment.
960506:  Applicant declined to participate in an Alcohol or Drug rehabilitation treatment program as directed by the Commanding Officer.

960531:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of alcohol abuse rehabilitation failure as evidenced by your refusal to participate in a Level III rehabilitation treatment program.
960531:  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.
960725:  Commanding Officer, USS EMORY S. LAND, advised BUPERS that Applicant was discharged with an honorable on 960715 by reason of alcohol abuse rehabilitation failure as evidenced by his refusal to participate in a Level III rehabilitation treatment program.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19960715 with an honorable due to alcohol rehabilitation failure (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).

 Issue 1. The summary of service clearly documents that alcohol rehabilitation failure was the reason the applicant was discharged. The Applicant declined to participate in an Alcohol or Drug rehabilitation treatment program as directed by the Commanding Officer. N o other Narrative Reason for Separation more clearly describes why the applicant was discharged. To change the Narrative Reason for Separation would be inappropriate. Relief based on this issue is not warranted.

The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

The following is provided for the edification of the applicant. 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 civilian life subsequent to leaving naval service. The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time. Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C, Change 9, effective 22 Jul 94 until 2 Oct 96), Article 3630550, SEPARATION OF ENLISTED PERSONNEL BY REASON OF ALCOHOL ABUSE REHABILITATION FAILURE

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 Room 309
                  Washington Navy Yard DC 20374-5023      


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