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NAVY | DRB | 2004_Navy | ND04-00408
Original file (ND04-00408.rtf) Auto-classification: Denied


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


ex-AR, USN
Docket No. ND04-00408

Applicant’s Request
The application for discharge review was received on 20040114. The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions. The Applicant requests a documentary record discharge review. The Applicant listed the Minnesota Department of Veterans Affairs as the representatives on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040910. 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 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, as stated
Applicant’s issues, as stated on the application:
1. “I had a difficult life before joining the Navy. My parents divorced when I was about 3 years old, and after that I lived with my mother, and saw my father, who lived in Utah, only occasionally. My mother died of cancer when I was 13, and at that point the family pretty much split apart. Even though I didn’t want to, my father insisted I move to Utah to live with him and my stepmother. I think he was trying to make up for lost time. I was upset about having to leave Minnesota and did not know my father very well. My stepmother did not really seem to want me there. I really wanted to go back to Minnesota and live with my older brother, but my father wouldn’t let me. When I was 15, he suddenly died of a massive heart attack. At that point, I did move back to Minnesota to live with my brother. That lasted for about a year. I was an angry, rebellious teen, and stayed out late, skipped school, and ignored the rules of the house. My brother’s wife gave me an ultimatum: either I left or she would. I knew I was causing trouble between my brother and his wife. I took my belongings and went to stay with a friend and his family. That only lasted a few weeks. For the next two or three years I drifted, living in my car, staying with friends or family a few days or weeks at a time, with no place to call home. I had dropped out of school in the 10th grade. I worked on and off doing temporary labor etc., barely making ends meet. In spite of all my problems, I didn’t abuse drugs or alcohol. However, I lost my driver’s licence for driving with no insurance (which I simply couldn’t afford to pay). Of course, I couldn’t pay the $450 fine, either, and still couldn’t afford insurance, and should have quit driving, but needed my car to work. My family couldn’t or wouldn’t help me. I got pulled over again and this time, because I had no license and still had no insurance, spent a couple of days in Anoka County jail. At some point I decided to join the Navy. At least I would have a paycheck, regular meals and a place to live. I needed a high school diploma or GED in order to enlist, so I took classes in Forest Lake, which I think the recruiting office paid for. Once I had my GED I was allowed to enlist. At first I did not have any problems. I went to Orlando, Fla. for boot camp and training. I was then sent: to the U.S.S. Nimitz, a nuclear-powered aircraft carrier, based in Bremerton, Washington. By this time I had been away from home for several months, away from my friends and what little family I had. I was homesick, and I found Washington, and life in a Navy town, depressing. We started going on short cruises called workups. Those were stressful, as we worked long hours with little sleep, and there was very little privacy. I worked on the catapults that launched the jets, which was a difficult job. Then, when we’d come into port, whether it was Bremerton or our destination, the first place everyone would head was the bars, and I went with them. That was our main relief from the stress of being at sea. After a few months we took a 6-month cruise, to the Persian Gulf in support of Desert Shield. That multiplied the stress I had experienced on the workups, and the homesickness I felt in Washington. During that cruise I asked to be transferred from catapults to shipping arid receiving, thinking I would get a nice quiet desk job. That job turned out to be even more stressful than the previous one. I was running from one end of the ship to another, picking up parts in a mail sack, at everyone’s beck and call. I turned more and more to alcohol whenever I got off the ship. By the time I got home from the cruise I was a serious alcoholic. I got a DWI on the base in Bremerton, and was disciplined. It really bothered me. It was obvious that I was screwing up my Navy service, when I had hoped it would help me get my life on track. I started using crystal methedrene as well as alcohol, and was absent without leave several times due to drinking and drugs, which lead to more discipline. I was finally discharged with an “Other Than Dishonorable” discharge. The day before I left, I came up positive for methedrene on a urinalysis, while I was on restriction. I was given the option of going to treatment but I declined. However, even if I had gone, I would not have been allowed to stay in the Navy.
After my discharge, although I worked fairly steadily, I continued to drink heavily. After my 2nd DWI in 1995, I went through court-ordered treatment at the Forest Lake District Memorial Treatment Center. I completed the program but started drinking again right away. In 1997 I got two more DWI’s the same week, and another in December 1998. I decided I was ready to quit, and went to treatment voluntarily, again at Forest Lake District Memorial. This time I was successful. I have been sober and working steadily, ever since. I have been at my current job, installing auto accessories at Automotive Concepts in New Hope, Minn., since May 2000. I’ve paid my fines and have gotten my driver’s license back, after 11 years without one. I am still on probation with Anoka County, which will end in early 2005. I attend AA meetings weekly. I have had to make new friends and change all of my behaviors in order to maintain sobriety but it is worth it. As part of the process of rebuilding my life, I hope to upgrade my military discharge, so as to qualify for a home loan. I sincerely regret the mistakes I made and the time I have wasted in drinking.”

Additional issues submitted by Applicant’s counsel/representative (MINNESOTA DEPARTMENT OF VETERANS AFFAIRS/AMERICAN LEGION):
2. “Dear Sir or Madam,

 We are representing the above-named Navy veteran in his claim to upgrade his discharge, both with the U.S. Department of Veteran’s Affairs, and with the Navy itself. This young man served in the Navy from May 18, 1992 until October 19, 1994. He was given an “Other Than Honorable” discharge based on “driving under the influence” violations and other consequences of a serious alcohol/drug problem, which primarily developed in the Navy.

As the veteran testifies in the attached statement, he was orphaned at the age of 15 and was virtually homeless at the time he joined the Navy. The hardships of his early life made him vulnerable to addictive behaviors as a coping mechanism, and in the Navy he turned to alcohol, and eventually drugs as well, in order to manage the stress of shipboard life.


We acknowledge that the Navy does not condone alcohol or drug use, has prohibited drinking aboard ship, and screens for drug use with periodic urine tests. However, it is also true that military service has certain built-in stresses long hours, irregular shifts, inclement weather, extra responsibilities, peer pressure, boredom, lack of privacy, etc.-- that cause certain individuals great difficulty. Furthermore, many studies have shown that, in spite of restrictions, substance abuse is higher in the armed forces than in the general population. Sadly, more seasoned service members often lead newer ones astray. Thus the veteran’s statement that he was taken to bars by his shipmates when in port, rather than going there on his own, is credible. Unfortunately, as pointed out above, he was uniquely vulnerable to these influences.

The attached treatment records and testimonials from family and friends show that, after many difficulties, (Applicant) successfully completed chemical dependency treatment in June, 1999 and has been sober and drug-free since. He has made great progress in getting his life back on track. We now ask, on his behalf, that you generously consider the difficulties of his life prior to service, and his sincere efforts to rehabilitate himself since. Having considered these things, we ask that you upgrade his discharge to “Under Honorable Conditions” or better, so that he may qualify for veteran’s benefits.

Sincerely,

J_ V_ O_
Claims Representative.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
 VA Statement in support of claim dtd 031203
 VA form 21-22
 VA form 21-4138 (3 pages)
Fairview Recovery Discharge (4 pages)
 49 pages from Applicant’s service record book

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     911127 - 920517  COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 920518               Date of Discharge: 941019

 Length of Service (years, months, days):
         Active: 02 05 02 [Does not exclude lost time]
          Inactive: None

 Age at Entry: 22                          Years Contracted: 4

Education Level: 10                        AFQT: 50
Highest Rate: AA

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.40 (3)    Behavior: 3.00 (3)                OTA: 3.45

 Military Decorations: None
Unit/Campaign/Service Awards: NDSM, SASM (2), SSDR

 Days of Unauthorized Absence: 114
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 :

931118:  NJP for violation of UCMJ, Article 111: Drunk Driving on 93 Sep 19.
         Award: Forfeiture of $407 per month for 1 month(s), restriction and extra duty for 30 days, reduced to E-1. No indication of appeal in the record.
931118:  Retention Warning from [USS Nimitz]: Advised of deficiency (Violation Article 111.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

940407:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 940301 to 940314, 14 days. Awarded: Forfeiture of $200 per month for 2 month(s), restriction and extra duty for 30 days. No indication of appeal in the record
940420:  Applicant to UA.
940502:  Applicant from UA, apprehended, 12 days.

 940915:  NJP for violation of UCMJ, Article 86: Unauthorized Absence fm 940613 to 940909 [88 days, apprehended].
         Award: Forfeiture of $416 per month for 2 month(s), restriction and extra duty for 45 days. No indication of appeal in the record.
940926:  USS NIMITZ 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 your violation of the UCMJ, Article 86, unauthorized absence from 13 June 1994 until 09 September 1994 and violation of the UCMJ, Article 111, drunk driving on 09 September 1993, misconduct due to a pattern of misconduct as evidenced by your three or more punishment under the UCMJ within the current enlistment in violation of you administrative counseling/warming page 13 within his current enlistment and misconduct due to a patter of misconduct as evidenced by your three or more period of unauthorized absence of more than 3 days duration in violation of your administrative counseling/warning page 13 within your current enlistment.
940926:  Applicant advised of rights and having elected not to consult 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.
940927:  Medical Officer diagnosed Applicant as a drug experimenter.
940929:  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. Commanding Officer’s comments: [SNM’s serious misconduct cannot be tolerated and is detrimental to good order and discipline of this command and the Navy. SNM possesses no potential for further Naval Service and I strongly recommend that SNM be separated fm the Naval Service with characterization f service as Other Than Honorable.]
941005:  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 19941019 under other than honorable conditions for misconduct due to a pattern of misconduct (A & 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).
Issues 1-2. When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. An Under Other Than Honorable Conditions discharge 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 three nonjudicial punishment proceedings for four violations of Articles 86 and 111 of the UCMJ. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

The Applicant contends that his problems in the Navy can be attributed to his overindulgence in alcohol. While he may feel that his abuse of alcohol was the underlying cause of his misconduct, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service. The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

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, can be considered. In determining whether a case merits a change based on post-service conduct, the NDRB considers the length of time since discharge, the applicant's record of community service, employment, conduct, educational achievements, and family relationships. In reviewing the applicant’s post service, the Board was impressed with the efforts he has begun to make in attempting to recoup his reputation, which has been sullied by his misconduct in the Navy. However, the Applicant has provided insufficient evidence of post-service accomplishments to warrant an upgrade on this basis. Therefore, relief will not be granted at this time. The applicant is reminded that he remains eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at a personal appearance hearing is highly recommended. The possibility of favorable action in the applicant’s case will increase with the amount of time he maintains an alcohol and drug free lifestyle.


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 111,drunk driving, 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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