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NAVY | DRB | 2004_Navy | ND04-01119
Original file (ND04-01119.rtf) Auto-classification: Denied


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


ex-BMSN, USN
Docket No. ND04-01119

Applicant’s Request
The application for discharge review was received on 20040629. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record review. The Applicant did not list any representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20050107. 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/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as stated
Applicant’s issues, as stated on the application:
1. “At the time of my discharge I was under a lot of personal duress. And requested the discharge I received. For future employment, I am respectfully requesting an upgrade to honorable; also based on the fact I have two priors HON. DISC. The personal duress. I was experiencing at the time came from extended deployments, the separation, the marital problems. And my own inability to cope. I ruined my career through successive Art. 92 NJPs. And after having my rank of E-5, BM2 (SW) removed. Chose on my own to be removed from military service the fastest way possible. Respectfully J_F_M_ (Applicant)
2. In addition to the request in Item 6. My sea service times are incorrect. I joined the Navy Sept. 1981. I became a Boatswains mate 3 rd class in 1984, I reelisted “Guard III” to the U.S.S. CONSTITUTION In 1985. I then went to Mine Sweep school N.E.C. 0107. I then reelisted in 1990 on board the U.S.S. Lexington, which was my last duty station. I left active duty in 1992.”
Documentation

In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214 (Service 2)
Applicant’s Letter to Officer in Charge, dated July 10, 2004

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     810428 - 810903  COG
          Active: USN                        810904 - 851118  HON
          Active: USN                        851119 - 900608  HON

 Period of Service Under Review :
Date of Enlistment: 900609               Date of Discharge: 920410
Length of Service (years, months, days):

          Active: 01 10 01
         Inactive: None

 Age at Entry: 26                          Years Contracted: 2
Education Level: 12                        AFQT: 41

 Highest Rate: BM2
Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (2)    Behavior: 3.00 (2)                OTA : 3.30
Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR (w/Bronze Star), MUC, GCM, AFEM
Days of Unauthorized Absence: 7

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.
Chronological Listing of Significant Service Events :

900609:  Re-enlisted for two years onboard the USS LEXINGTON AVT-16.

 901017:  Unauthorized absence commenced this date.
901022:  Surrendered this date.
901109:  NJP for violation of UCMJ, Article 86: Unauthorized Absence on 901017 to 901022.
         Award: Forfeiture of $150.00 per month for 2 months, restriction for 30 days, reduction to E-4 (suspended for 6 months). No indication of appeal in the record.
901126:  Admitted to Naval Hospital, Pensacola for treatments.
         History of present illness: This 27 year old male, BM2 U.S. Navy with nine years and nine months of broken service, was admitted to ARD at Naval Hospital, Pensacola, on 26 November 1990 for inpatient alcohol rehabilitation.
 Discharged diagnosis:
1.) Alcohol dependence (303.90).
2.) Ingrown toenail, right great toe (703.0).
 3.) Ganglion cyst, right flexor carpi radialis tendon sheath (727.42).
 4.) Alcohol rehabilitation (V57.89).
 Recommendations:
 1.) Return to full duty.
2.) Abstain from alcohol.
 3.) AA meetings Mondays at 2000 hours at Naval Hospital, Pensacola.
 4.) Alumni Therapy and Aftercare group on Wednesdays from 1300 to 1500 at Naval Hospital, Pensacola, for six weeks after completing level III inpatient alcohol rehabilitation.
 5.) If the service member should return to drinking that is a relapse and not a failure or discipline problem, every effort should be made to remotivate the patient toward sobriety, and the service member should be referred to an ARD or alcohol counselor for re-evaluation.
6.) Antabuse 250 mg po daily should be continued for one year with monthly medical follow up while on the medication. The patient should have a CBC and hepatic panel one month after discharge from the ARD and every six months thereafter while on the Antabuse.
Discharged: 900104
910329:  Retention Warning: Advised of deficiency (Violation of the UCMJ, Article 86-Unauthorized absence), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
910426:  Unauthorized absence at 1230. Intentions unknown.
910428:  Surrendered onboard at 1030.
910508:  The reduction to paygrade E-4 awarded at Commanding Officer’s mast on 901109 is hereby vacated per order of the Commanding Officer.
910524:  NJP for violation of UCMJ, Article 86: Unauthorized absence from appointed place of duty, violation of UCMJ Article 111: Driving while drunk.
         Award: Forfeiture of $200.00 per month for 1 month, restriction and extra duty for 15 days. No indication of appeal in the record.
911105:  NJP for violation of UCMJ, Article 92 (2 specs): Failure to obey an order or regulation on 911022.
         Award: Forfeiture of $463.20 pay for 1 month, reduction to E-3. No indication of appeal in the record.
920211:  Applicant notified of intended recommendation for discharge with a least favorable characterization of under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by nonjudicial punishments on 901109 for violation of the UCMJ, Article 86, unauthorized absence; 910524 for violation of the UCMJ, Article 86, unauthorized absence from appointed place of duty and Article 111, drunk driving; and 911105 for violation of the UCMJ, Article 92, failure to obey a lawful order or regulation and misconduct due to commission of a serious offense as evidenced a by nonjudicial punishment on 910524 for violation of the UCMJ, Article 111, drunk driving.
920211:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27(b), elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation. Applicant did not object to this separation.
920302:  Drug and Alcohol Abuse Report indicates alcohol abuse confirmed by military police, found dependent, recommended for separation from service via VA hospital.
920317:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by nonjudicial punishments on 901109 for violation of the UCMJ, Article 86, unauthorized absence; 910524 for violation of the UCMJ, Article 111, drunk driving; and 911105 for violation of the UCMJ, Article 92, failure to obey a lawful order or regulation and misconduct due to a commission of a serious offense as evidenced by a nonjudicial punishment on 910524 for violation of the UCMJ, Article 111, drunk driving. Commanding Officer’s comments (verbatim): BMSN J_ F_ M_ (Applicant) was transferred to this command upon the decommissioning of the USS LEXINGTON. The record of his current enlistment indicates that he is a problem sailor who does not desire to conform to the Navy standard or conduct. He has been an adequate worker while at this command but required constant supervision to insure that he adhered to command and Navy regulations. BMSN J_ F_ M_ (Applicant) is an administrative burden to this command and has proven himself to be a detriment to good order and discipline. I recommend that BMSN M_ (Applicant) be expeditiously separated from the naval service with a separation characterized as Other than Honorable.
920403:  BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19920410 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: Normally, to permit relief, an impropriety or inequity must have existed during the period of enlistment in question. No such impropriety or inequity is evident during the Applicant’s enlistment. 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, including his record of prior honorable service. T he Applicant’s service was marred by three nonjudicial punishment proceedings for violations of UCMJ Article 86, unauthorized absence, Article 92, orders violation, and Article 111, drunken operation of a vehicle. 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. Such conduct falls far short of that expected of a member of the U.S. military and does not meet the requirements for an upgrade of his characterization of service. Relief is not warranted.

The Applicant contends his disciplinary problems were the result of stress caused by personal duress and marital problems due to extended deployments. The NDRB recognizes that serving in the U.S. Navy is challenging. Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country. It must be noted that many members of the Navy endure similar hardships to those experienced by the Applicant. It must further be noted that the vast majority of those servicemembers are still able to serve honorably despite such hardships and therefore earn their honorable discharges. In fairness to those members of the Navy, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due. The NDRB found that the Applicant's service was equitably characterized. Relief denied.

There is no requirement or law that grants recharacterization solely on the issue of enhancing employment opportunities and this issue does not provide a foundation upon which the Board can grant relief. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

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. Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)
A. Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until
04 Mar 93, 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 111, Drunken or Reckless Operation of a Vehicle, 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 " 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:

                  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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