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NAVY | DRB | 2005_Navy | ND0501292
Original file (ND0501292.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-MMFA, USN
Docket No. ND05-01292

Applicant’s Request
The application for discharge review was received on 20050727. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge review. The Applicant did not designate a representative on the DD Form 293. In the acknowledgement letter, the Applicant 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 20060406. 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 by reason of misconduct due to a pattern of misconduct .
PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
Applicant’s issues, as stated on the application and/or attached document/letter:

 “1) My discharge was inequitable due to ship’s officers not following medical advice. I had multiple drinking related offences which led to Captain’s masts. After the seventh, I was sent to the U.S. Naval Hospital; Subic Bay. The Disposition of the Psychiatric Department was that I was ”considered totally unfit for further shipboard/overseas duty assignment”, see attached Document 1 - Psychiatric Narrative Summary page 3. When I returned to my ship I was sent to talk with the Executive Officer who disagreed with the Disposition and ordered that I continue my duties on the USS Peleliu. A few months later I had another drinking related offence at which time the command of the USS Peleliu decided to separate me under Other Than Honorable conditions.

2) My discharge was inequitable due to a medical illness. Early in l989, after several drinking related offenses, I requested to be put through a level III treatment center for alcoholism. I completed only four of the six week program but was not recommended for separation from the Navy. Upon exiting this program (whether remaining in the service, completing the program or not) it is required that the patient participate in twelve months of an aftercare program per ONPNAVINST 5350.4A. My command, at the time, did not have a qualified DAPA counselor much less an aftercare program until approximately eleven months after I was released from the treatment program. Although my discharge was appropriate for my actions at the time, I was suffering from a diagnosed mental illness and was not provided the recommended tools for recovery. I have since taken steps to arrest and maintain care of my medical condition.

3) An issue with my discharge is my ability to contribute to my country. When I was in the military and for fourteen months after my discharge I was an active alcoholic. Since that time I went through another in-patient chemical dependency treatment and half-way house. With the medical attention and the help of Alcoholics Anonymous (AA) I have put together a substantial length of sobriety. During my sobriety I have completed a Bachelor of Science degree in Electrical Engineering from the University of Minnesota, IT - Minneapolis 08-22-2003 - see attached Document 2, and married a wonderful woman. I am currently holding an engineering position at Honeywell Inc and am raising my four year old son and six month old daughter with my wife. I maintain a very active participation in AA by attending meetings and speaking at various locations (e.g. Saint Cloud MN VA Hospital, other treatment centers, speaker meetings). As our country is trying to find better ways to keep our soldiers safe, I want to help. With my degree I have the education that could help my country. Having my discharge upgraded would allow more avenues for me to participate in maintaining or extending the United States technical lead over other countries.”
Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:
Narrative Summary from Psychiatry Department, U.S. Naval Hospital, Subic Bay, dtd June 19, 1990 (3 pages)
Unofficial transcript from University of Minnesota, dtd June 4, 2005 (3 pages)
Character reference ltr from CPT J_ P_ M.D. M.C. USA, Dewitt Army Community Hospital, dtd December 3, 2003
Character reference ltr from J_ R_ W_, dated June 6, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19880106 - 19880215      COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 19880216             Date of Discharge: 19910104

 Length of Service (years, months, days):

         Active: 02 10 19 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 2 days
         Confinement:              None

 Age at Entry: 19

 Years Contracted: 4 (24 month extension)

 Education Level: 12                                 AFQT: 96
Highest Rate: MMFN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.3 (4)                       Behavior: 3.1 (4)                 OTA: 3.20

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Sea Service Deployment Ribbon/Humanitarian Service Medal


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

UNDER OTHER THAN HONORABLE CONDITIONS/ Misconduct - Pattern of misconduct, authority: MILPERSMAN, Article 3630600.
Chronological Listing of Significant Service Events :

880809:  NJP for violation of UCMJ, Article 92: O/a 88Aug05 wrongfully consuming alcohol while under age of 21.
         Award: Forfeiture of $150 per month for 1 month, reduction to E-2. Reduction suspended for 4 months. No indication of appeal in the record.

880809:  Retention Warning: Advised of deficiency (Underage drinking.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

880928:  Reduction in pay grade E-2 awarded at NJP on 880928 vacated due to continued misconduct.

880928:  NJP for violation of UCMJ, Article 134: O/a 88Sep16 wrongfully consuming alcohol while under age of 21.
         Award: Forfeiture of $100 per month for 2 months, reduction to E-2. Reduction suspended for 6 months. No indication of appeal in the record.

890123:  Medical Department: Sent here by DAPA for ETOH dependency screen after several ETOH related incidents. A: Probably dependent on ETOH. P. 1. Recommend Level I treatment. 2. Antabuse 205 mg po QD. 3. Rtn PRW.

890202:  NJP for violation of UCMJ, Article 128: Assault upon a crewmember o/a 0100, 88Dec20.
 Violation of UCMJ, Article 134: (Spec 1) Drunk and disorderly o/a 0100, 88Dec20. (Spec 2) Conduct prejudicial to good order and discipline o/a 0100, 88Dec20.
          Award: Restriction and extra duty for 30 days. No indication of appeal in the record.

890719:  Applicant to Alcohol Rehabilitation Department, Naval Hospital, Long Beach, California with a diagnosis of alcohol dependence.

890807:  Applicant discharge from Alcohol Rehabilitation Department, Naval Hospital, Long Beach, California with a discharge diagnosis of alcohol dependence. Applicant to be placed in a one year aftercare program.

 900425:  Applicant to unauthorized absence at 0730 on 900425.

 900426:  Applicant from unauthorized absence at 2400 on 900426 (1 day/surrendered).
900501:  Applicant to unauthorized absence at 0730 on 900501.

 900502:  Applicant from unauthorized absence at 0730 on 900502 (1 day).
900524:  NJP for violation of UCMJ, Article 86: (Sp 1) UA fm 0730, 90Apr25 to 2400, 90Apr26. (Sp 2) UA from 0730, 90May01 to 0730, 90May02.
 Violation of UCMJ, Article 87: Through neglect, miss the movement of the USS PELELIU on or about 02May90.
          Award: Forfeiture of $440 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. Reduction suspended for 6 months. No indication of appeal in the record.

900526:  USS PELELIU Medical Department: Admitted to ward with (1) Suicidal/Homicidal ideation (2) depression vs adj or occup disorder (3) alcoholism.

900527:  Retention Warning: Advised of deficiency (Unauthorized absence and missing movement.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

 900528:  Applicant discharged from Ward upon resolution of suicidal ideation. Patient requesting return to full duty. Psych consult in Subic Bay (6/12/90 – 6/18/90). Also with diagnosis alcoholism, rec Level III CAAC. Applicant contract for safety.

 900619:  Psychiatry Department, U.S. Navy Hospital, Subic Bay: Final diagnosis: 1. Adjustment disorder with mixed disturbance of emotions and conduct, resolving. 2. Personality disorder NOS. 3. Alcohol dependence. Disposition: Medevac CONUS for further evaluation, treatment and disposition. He is considered totally unfit for further shipboard/overseas duty assignment at this time.

900625:  Medical: Impression: SNM with long history antisocial behavior with recent bouts of SI and HI while on ship. Contracts on ward but clearly has longstanding maladaptive personality style. AXIS I: ETOH dependence – part remission. AXIS II: Personality disorder NOS with antisocial and narcissistic traits. Plan: (1) Brief admit, r/o AXIS I D/O’s and then rec admin sep and sent to Oakland.

900702:  Applicant was evaluated for multiple behavior problems and two episodes of homicidal ideation directed at his superiors. Diagnosis: AXIS I: ETOH dependence - partial remission. AXIS II: Antisocial personality disorder.

900702:  Mental Health Clinic, Naval Hospital, Oakland, CA: Applicant discharged from CAAC with diagnosis Antisocial personality disorder. Diagnosis: Personality disorder NOS, with predominately antisocial, but also narcissistic personality traits. Alcohol dependence - active. Recommendation: Administrative separation for unsuitability on the basis of personality disorder NOS. He will not be able to satisfactorily perform his duties due to his impulsiveness and demanding nature future episodes of angry outbursts can be expected when he feels emotional distress. Furthermore he will likely resort to excessive alcohol abuse in the future, as he continues to drink despite acknowledging that he is alcoholic. TPU for Admin Sep IAW MILPERSCOMINST 3620200, or alcohol treatment failure. His is not fit for overseas or shipboard duty.
900802:  NJP for violation of UCMJ, Article 121: On or about 90Jul29, steal one bottle of Bacardi Light Rum, of some value, the property of the Long Glass Bar, Enlisted Men’s Club, NAVSTA, Long Beach, CA
         Award: Forfeiture of $150 per month for 1 month, reduction to E-2. Reduction suspended for 6 months. No indication of appeal in the record.

900806:  Retention Warning: Advised of deficiency (Commanding Officer’s Nonjudicial Punishment on 2 August 1990 for a violation of the UCMJ, Article 121: On or about 29 July 1990, steal one bottle of Bacardi Light Rum, of some value, the property of the Enlisted Men’s Club, Naval Station, Long Beach, California.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

 900823:  Reduction in pay grade awarded at NJP on 900802 vacated due to continued misconduct.

900823:  NJP for violation of UCMJ, Article 86: On or about 0745, 23Aug90, failed to go to appt place of duty, to wit: Morning quarters with Engineering Dept.
 Violation of UCMJ, Article 134: On or about 23Aug90, was drunk and disorderly at Mariner’s Club, NAVSTA, Long Beach, CA.
          Award: Forfeiture of $200 per month for 1 month, bread and water for 3 days. Forfeiture of $100 for 1 month suspended for 6 months. No indication of appeal in the record.

900827:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to commission of a serious offense as evidenced by Commanding Officer’s nonjudicial punishment on 9 August 1988, 28 September 1988, 2 February 1990, 24 May 1990, 2 August 1990 and 23 August 1990.
900829:  Applicant advised of rights and having consulted with counsel, elected to appear before an Administrative Discharge Board.
901108:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to commission of a serious offense and misconduct due to a pattern of misconduct, that such misconduct warranted separation, and recommended discharge under other than honorable conditions.
901127:  Commanding Officer, USS PELELIU (LHA-5) recommended administrative separation under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to a pattern of misconduct. Commanding Officer’s comments: “Concur with the findings and recommendation of the administrative discharge board held on 8 November 1990. In just over two years of naval service, MMFN H_(Applicant) has been to Commanding Officer’s Nonjudicial Punishment on six occasions. He has been administratively warned that further misconduct on his part could result in processing for an administrative discharge, and that he could receive an other than honorable discharge as a result of this administrative processing. MMFN H_(Applicant) was admitted to Level III treatment for alcoholism and was subsequently dropped from the program. In my opinion, MMFN H_(Applicant) has been given ample time and warnings to resolve his disciplinary problems and get his life under control. He has failed in this effort. I therefore recommend that Fireman H_(Applicant) be separated with an other than honorable discharge by reason of misconduct due to commission of a serious offense and misconduct due to a pattern of misconduct.”

910102:  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 19910104 by reason of misconduct due to a pattern of misconduct (A and B) with a service characterization of under other than honorable conditions. 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).

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. T he Applicant’s service was marred by 6 nonjudicial punishment proceedings for violations of Articles 92, 134 (4 specs), 128, 86 (2 specs), 87, and 121 of the UCMJ. Additionally, the Applicant received 3 retention warnings and had a suspended reduction in rate vacated due to continued misconduct. 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 a diagnosed personality disorder (not otherwise specified) and that the command did not follow medical advice. The Applicant was evaluated by a competent medical authority who stated that the Applicant was “considered totally unfit for further shipboard/overseas duty.” Although the Applicant may have been eligible for administrative separation for a medical condition, applicable regulations stipulate that separations for misconduct take precedence over potential separations for medical reasons. Based on applicable regulations, the Board could find no impropriety or inequity in the Applicant’s discharge processing. Relief denied.

The Applicant contends that the command did not provide the required after care program after he was discharged early from level III alcohol rehabilitation program. The Applicant bears the burden of establishing his issues through the presentation of substantial and credible evidence. There is no evidence in the record, nor has the Applicant produced any evidence, to support the contention that his aftercare program was deficient in any way or that his DAPA counselor was not qualified and certified under applicable regulations. The Applicant’s statements alone do not satisfy his burden in this case. Relief denied.

For the Applicant’s edification, DoD disability regulations do not preclude a disciplinary separation. SECNAVINST 1850.4 C/D/E (90-98-02) stipulates that separations for misconduct take precedence over potential separations for other reasons.

The following is 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 15560A, Change 8 effective 21 Aug 89 until 14 Aug 91), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT - A PATTERN OF MISCONDUCT.

 B. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 92, wrongfully consuming alcohol while under age of 21, Article 128, assault upon a crewmember, Article 134, drunk and disorderly, Article 87, missing movement through neglect.
C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 D. 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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