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NAVY | DRB | 2004_Navy | ND04-00652
Original file (ND04-00652.rtf) Auto-classification: Denied


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

ex-AEAN, USN
Docket No. ND04-00652

Applicant’s Request
The application for discharge review was received on 20040309. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a personal appearance hearing before the board in the Washington, D.C. Metropolitan area. The Applicant did not list any representative on the DD Form 293. Subsequent to the application, the Applicant obtained representation from the Disabled American Veterans. On 20050316, the Applicant contacted his representative and he was informed that the DAV would be unable to represent him at his personal appearance hearing on 20050322. The Applicant decided to proceed with the personal appearance hearing without representation.

Decision

A personal appearance discharge review was conducted in Washington, D.C. on 20050322. 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 4 to 1 that the character of the discharge shall not change. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
Applicant’s issues, as stated on the application:

 1. “Dear Board Members,

I am writing this letter to respectfully request a discharge review based primarily upon meritorious post-service conduct. I hope that the information in this package can prove that my life has taken a positive direction since my discharge from the Navy. I would also ask for the opportunity to briefly explain my version of what happened at the end of my Navy career. Please understand that I do not wish for my time in service to be the main focus of this review. I am discussing it mainly to help you better understand who I am.

In 1990, I had just graduated high school. Life was good. I had a girlfriend and a great car that I worked hard to buy. Iraq had just invaded Kuwait and there was talk of war on the horizon. I felt a sense of duty; I wanted to do something. I went down to the recruiter’s office and joined the Navy. There was on outpouring of love and support from my friends and family. I was leaving home an honorable man. By the time boot camp was over, so was Dessert Storm. I was disappointed that I was not going to see any action but I was pleased to find out that I was going to be onboard the U.S.S. John F. Kennedy. J.F.K. was from Boston like me. It may sound funny but I felt like this was a sign that things were going to be O.K. My career was off to a fine start; I displayed much enthusiasm to my superiors in the chain of command. Life onboard the J.F.K. was good. I was a 4.0 sailor and advancing in rank. I was ready to see the world.

In 1992 we did a Mediterranean Cruise and I got to visit Italy and France. Those were definitely some of the most memorable times in my life. I was troubleshooting electrical problems on aircraft that were part of relief flights over Bosnia/Yugoslavia. The pilot’s lives depended on me and this made me feel important. At 20 years of age, I had a lot of responsibility, and I absolutely loved it. One day the maintenance senior chief called me into his office, I wondered what I had done wrong. He was a real intimidating man who commanded respect and he could give a real great ass chewing as well. I was nervous. He Said, “I want you to fix the AC/DC converter on NUTS (aircraft # 500), the Admiral wants to flying it tonight” This was a problem that no one in my shop could seem to fix; the plane was sitting for days. Was he really talking to me? I rose to the challenge and fixed our prize bird. The Admiral flew that night.





Early 1993 started out great, my squadron had just won the “Battle Efficiency Award” and it was great to be part of a winning team. I turned 21 years old and I started to really party. To a person like myself this meant getting really drunk and out of control. I would sit around and listens to my shipmates tell stories about the things that I did the night before. They all thought it was funny, little did I know they were probably laughing at me and not with me. No one could doubt my professionalism and strong sense of duty at work (my commander even states this on my discharge papers). It was my personal life that was becoming unmanageable. At work I was a 4.0 sailor, outside of work my drinking was becoming less that 0. After my first N.J.P. my command sent me to Command Alcohol Counseling where I was found to be a level I (mild Alcoholic). I Guess I fooled them because looking back I was a full-blown drunk. I was evasive when answering their questions; I was not ready for help. I just wanted to get the investigation over with so I could get back to drinking.

In late 1993 I met a girl out in town (civilian). She was married to a Marine and got a divorce. She convinced me that he was a bad guy and he abused her. I felt bad for her. We had an on and off relationship because of my deployments. One day I stood at my barracks room door and overheard a conversation between her and my roommate. They were talking about meeting behind my back. That was the end of two important relationships to me. My world came crashing down and my drinking went into phase 2. Thank God I was going on a cruise to New York for the 4 TH of July. My roommate was staying behind so I wouldn’t have to see either one of them for a few weeks. Shortly after New York we got word that one of our planes crashed in West Virginia in the mountains. One of the pilots was a good friend of mine (my p.t. coach). I took this hard, I know its part of the job but I couldn’t handle it. We were sent out to the crash site, it was horrific.

A few weeks later I received a call from the girl “Jim I’m pregnant” she said. I had some doubts that it was mine because of the episode with my roommate. I said, “go get a blood test and if I am the father, I will support the baby”. When the baby was born, she called and asked me to sign the birth certificate. I said, “not until we get a test”. She said, “You know you are the father, I was with no one else but you”. I went out on the ship for a one-month debt and when I returned I went by her house to see her and the baby. I could not believe my eyes; the house was completely empty. Thoughts went through my head, (what if the child was really mine?) After several attempts to contact her, it was like she vanished. Her closest friend could only say that she went back home to Alabama. I felt extremely guilty. Friends tried to convince me that it was not my child but in my mind I was tormenting myself (what if?). I hit the booze hard to try and mask the pain I was going through. It would make me feel good for a short time but it was making my life unmanageable. I got three N.J.P’s in just a few months. I would not ask for nor take help from my superiors. None of them even knew what was really going on with me. I was in a bad place in my mind. (I retreated to my little island and I was not going to leave until they kicked me off.) I know it’s sad, but that’s what I had done to myself. I would not get my life together again until my Navy career was over.

When I got home to Boston, I began to get my life back. I went to College. I found out after two DNA tests and several years of waiting for paperwork between Massachusetts and Alabama that I was not the father of that child in Virginia. I met my wife in 1995 and we have been married sincel997. We have two boys together and a baby girl is on the way. I just bought my first home in October. I have been at my present place of employment since 1995. I have received counseling for my drinking and I attend group meetings on occasion. Despite the way things ended, I am proud of my service in the Navy. I honestly believe that if I had met my wife back then, that I could have been a career sailor. There is not a day that goes by that I don’t think about what happened to my career. I would like a chance to make things right with the Navy. I have suffered a lot in my own shame and I would like to bring back some honor for my family and me. I would like to tell my grandfather, who was a Navy pilot in WW2 and received a bronze metal, that he can be proud of me. I would like to tell my children about my life as a sailor with a sense of completion. These things are very important to me. For a chance to close this chapter in my life, please provide me with an honorable discharge based on post-service conduct.”

Sincerely,

J_ W_ M_ (Applicant)

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter of character reference from A_M_ M_ (Applicant’s Spouse), dated December 29, 2003.
Letter of character reference from J_ J_ L_, Senior Chief Aviation Machinist Mate, dated August 9, 2002.
Letter of recommendation from F_S_R_, retired Pastor, dated June 28, 2002.
Letter of recommendation from W_ M_, President of American Alarm, undated.
Letter of recommendation from C_ A_ D_, dated July 12, 2002.
Letter of recommendation from L_S_, dated November 19, 2002.
Letter from Mr. & Mrs. T_ H_, dated September 13, 2001.
Your Security Newsletter, Volume 6, 2002.
Letter from consumer D_ B_ H_, dated November 18, 2002. (2 pages)
Certificate of Achievement for successfully passing score on the Master Electrician Examination, dated June 3, 2000.
Certificate of Achievement for successfully passing score on the Journeyman Electrician Examination, dated August 3, 1997.
Copy of Applicant’s Electrician’s license. (front and back of paper)
Conveyancer’s Certification of Title, dated October 23, 2003.
Applicant’s DD Form 214. (member 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     901107 - 910210  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 910211               Date of Discharge: 940524

 Length of Service (years, months, days):

         Active: 03 03 14
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 64

 Highest Rate: AEAN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.47 (3)             Behavior: 3.47 (3)                OTA: 3.67

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR, NER

 Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

910212:  Applicant briefed on Navy policy on Drug and Alcohol Abuse as set forth in OPNAVINST 5350.
930307:  Received counseling from Command Financial Specialist regarding financial responsibility of members.
931105:  Retention Warning: Advised of deficiency (VUCMJ Article 134: Drunk and disorderly), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

 931105:  NJP for violation of UCMJ, Article 134: Drunk and disorderly.
         Award: Forfeiture of $50.00 per month for 2 months, restriction for 30 days, reduction to E-2 (suspended for 6 months). No indication of appeal in the record.
940415:  NJP for violation of UCMJ, Article 86: In that AEAN J_ W_ M_ (Applicant), on active duty, at NAS Fallon, NV, on or about 940319, fail to go to his appointed place of duty, to wit: Hangar One at NAS Fallon, NV; violation of UCMJ Article 121: Larceny- In that AEAN J_ W_ M_ (Applicant), on or about 931109, steal a jacket valued at $55.00 from the Navy Exchange.
         Award: Forfeiture of $100.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. Punishment suspended for 6 months. No indication of appeal in the record.
940415:  Applicant notified of intended recommendation for discharge by reason of misconduct due to the commission of a serious offense as evidenced by U. S. Navy Incident/Complaint report dated 09NOV93. If the discharge is approved, the characterization of service may be Other Than Honorable.

940415:  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. Applicant objected to the separation.
940415:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense by evidenced by violation of UCMJ, Article 121 Larceny. Commanding Officer’s comments (verbatim): All counseling requirements were met IAW MILPERSMAN Chapter 36. AEAN M_ (Applicant) has been a constant administrative burden to this command. Despite repeated efforts to reach him through counseling and instruction, he has refused to conform his behavior to appropriate Navy standards. It is my recommendation that AEAN M_ (Applicant) be separated from the Navy. Due to AEAN M_ (Applicant) excellent work in his shop, I further recommend that he be given a GENERAL discharge.

940512:  BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

950918:  NDRB documentary record review Docket Number ND95-00668 conducted. Determination: discharge proper and equitable; relief not warranted.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19940524 under other than honorable conditions for misconduct due to commission of a serious offense (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).

Issue 1. The Applicant contends that his “meritorious post-service conduct” should provide the basis for an upgrade to the characterization of his discharge. 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, a procedural impropriety or inequity 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. While the Board applauds the Applicant’s record of achievement in terms of education and employment, the Applicant did not provide any documentation of community service, evidence of alcohol rehabilitation, and certification of non-involvement with civil authorities for the Board to consider. At this time, the Applicant has not provided sufficient documentation of post service character and conduct to mitigate the misconduct that resulted in his characterization of discharge. Therefore, no relief will be granted.

The following if provided for the edification of the Applicant. The NDRB has no authority to provided additional review of this case since Applicant’s discharge occurred more than 15 years ago. The Applicant may, however, petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning a change in the characterization of naval service, if he desires further review of his case


Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 5, effective
05 Mar 93 until 21 Jul 94, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

 B. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 121, larceny, if adjudged at a Special or General Court-Martial.
C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 E. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .



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 “ http://Boards.law.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:

                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023

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