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NAVY | DRB | 2006_Navy | ND0600110

Original file (ND0600110.rtf) Auto-classification: Denied

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

FOR OFFICIAL USE ONLY

ex-FA, USN
Docket No. ND06-00110

Applicant’s Request

The application for discharge review was received on 20051020. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). The Applicant requests a documentary record discharge review. The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 200608 25 . 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 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:

“During my service in the Navy, I was stationed aboard the USS Abraham Lincoln [sic]. Approximately 3 to 4 months into my deployment, I started to have stress problems. I was having trouble sleeping and began to have nightmares. It got to the point that I couldn’t even eat without getting sick. I consulted Lt. R_, the Psychologist and was informed “we are all having problems sleeping and having nightmares”. When I mentioned that I was having eating problems she said, “everyone is having these problems “. I didn’t know any other individual on board that was having the problems that I was, so figured that I was just being “brushed off”. When we pulled into Singapore, I was frustrated. I wasn’t getting any help or support from my Chain of Command or felt I was receiving any help from the Psychologist. I started drinking and was turned in for a Captain Mast. Unfortunately, I continued to drink heavily after we returned from our WESTPAC tour. I ended up going AWOL for four days.

At my last Captains Mast 2 out of 3 AWOLS were excused due to doctors notes. The Captain told me personally that if I remained in the service he would make sure I got the support and help I needed. That support never came and I requested my discharge.

After I was discharged the 2 excused AWOLs were put back on my record or was never removed as I was promised they would be. The VA in Walla Walla was treating me un til they discontinued my care due to my discharge. I am enclosing a copy of these records, showing that if I had received the treatment I needed, maybe I wouldn’t have gotten into the mess that I did while in the Navy.

I am trying not to make excuses for what I did in the Navy, but also feel that the Navy didn’t give me a fair shake either. I am getting my life back together since my discharge and am hoping that you will consider my request and grant an upgrade.

Thank you,
[signed] R_ W_ (Applicant)”

Documentation

In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:

Applicant’s DD Form 214
Medical Documents from Walla Walla VAMC (54 pgs)
Medical/Service Record Documents (80 pgs)

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

         Inactive: USNR (DEP)     20010519 – 20010521      COG
         Active: None

Period of Service Under Review :

Date of Enlistment: 20010522             Date of Discharge: 20030808

Length of Service (years, months, days):

         Active: 02 02 09 (Does not in clude lost time.)
         Inactive: None

Time Lost During This Period (days):

         Unauthorized absence: 3 days
         Confinement:              none

Age at Entry: 18

Years Contracted: 4

Education Level: 12                                 AFQT: 61

Highest Rate: FN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance: 2.0 (2)              Behavior: 2.0 (2)                 OTA : 2 .21

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Navy Unit Commendation, Battle ”E” Ribbon, National Defense Service Medal, Armed Forces Expeditionary Medal, Sea Service Deployment Ribbon.

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

UNDER OTHER THAN HONORABLE CONDITIONS/ PATTERN OF MISCONDUCT, authority: MILPERSMAN, Article 1910-14 0 (formerly 3630600).

Chronological Listing of Significant Service Events :

011213: NJP for violation of UCMJ, Article 128: In that Fireman R_ J. W_ (Applicant), U.S. Navy, USS ABRAHAM LINCOLN, on active duty, did on board USS ABRAHAM LINCOLN, located at Naval Station Everett, Washington, on or about 22 October 2001, assault, Electrician’s Mate Fireman Apprentice V_ S. C_, U.S. Navy, by striking him in the head with his fist.
Violation of UCMJ, Article 134: In that Fireman R_ J. W_ (Applicant), U.S. Navy, USS ABRAHAM LINCOLN, on active duty, did at Naval Station Everett, Washington, on or about 22 October 2001, wrongfully consume alcohol while under the age of 21 years in violation of section 66.44.270 of the revised code of Washington as assimilated into the federal law by the provision of the Federal Assimilative Crimes Act (18 United States Code 13).          Award: Forfeiture of $54 6 .00 pay per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.

011217: Retention Warning: Advised of deficiency (CO’s NJP on 13 December 2001 for assault and underage drinking), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

020928: NJP for violation of UCMJ, Article 92: (2 specifications), failure to obey a lawful general order and dereliction of duty.
         Specification 1: In that Fireman R_ J. W_ (Applicant), U.S. Navy, USS ABRAHAM LINCOLN, on active duty, did, at or near Singapore, on or about 2 September 2002, fail to obey a lawful general order, to wit: Cruiser-Destroyer Group Three general order issued 15 August 2002, use of the Buddy Program by wrongfully going on liberty without a buddy.
         Specification 2: In that Fireman R_ J. W_ (Applicant), U.S. Navy, USS ABRAHAM LINCOLN, on active duty, who knew of his duties on board USS ABRAHAM LINCOLN located at Changi Naval Base, Singapore, on or about 2 September 2002, was derelict in the performance of those duties in that he negligently failed to sign in and out of Liberty Log.
         Award: Forfeiture of $682.00 pay per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.

030322: Medical evaluation by Medical Dept, Mental Health USS Abraham Lincoln (CVN 72).
         Diagnosis:
AXIS I: Occupational Problem
         AXIS II: Deferred
AXIS III: none
AXIS IV: routine military stresses ; illness/deaths in family
AXIS V: 61-70
Plan: 1) Pt is psychologically fit for full duty and responsible for his actions.
2) Pt return to clinic on 24 March 03 for individual f/u with LT R_.

030508: Applicant to unauthorized absence at 0700 on 030508.

030511: Applicant from unauthorized absence at 0833 on 030511 (3 days/surrendered).

030606: Medical evaluation by Medical Dept, Mental Health USS Abraham Lincoln (CVN 72).
        Diagnosis:
AXIS I: Occupational Problem
         AXIS II: Schizoid/Avoidant traits
AXIS III: none reported
AXIS IV: occupational stressors; PRP
AXIS V: 61-70
Plan: 1) Pt to F/U at MHD at Naval Hospital Bremerton at 1000 on 09 June 03 . Pt is low risk of harm to self/others.

030610: Medical evaluation by Mental Health Clinic US Naval Hospital Bremerton.
         Assessment:
AXIS I: 303.90 Alcohol Dependence, Early Full Remission
                  V62.20 Occupational Problem
                  V65.20 Malingering Provisional
AXIS II: 301.83 Borderline Personality Disorder
AXIS III: Please see medical record
AXIS IV: Work demands
AXIS V: Current GAF: 65
         Treatment Plan:
         Problem #1: Emptiness, impulsivity, affective instability, difficulty in interpersonal relationships, poor work reliability.
         Goal: Improve coping skills and reduce Subjective Units of Distress (SUDs)
         Goal Review: During each session.
         Recommendation:
                  1. Fit for Full Duty
                  2. Strongly recommend that the patient’s command consider Administrative Separation from the Navy for the convenience of the Government due to a Personality Disorder.
                  3. While awaiting separation, recommend that patient be involved in the following mental health treatment modalities.
                           a. Follow-up in the Naval Hospital Bremerton for the week-long OCEP program.
                           b. Follow-up as an outpatient with his command mental health team for regular individual supportive therapy as well as group therapy if available.
         Problem #2: Alcohol Use Disorder
         Goal: Total Abstinence
         Goal Review: During each session
         Intervention: 1) Recommended that the patient be re-evaluated by his DAPA and referred to the nearest Navy alcohol treatment facility for further evaluation and treatment planning.

030706: Applicant to unauthorized absence at 0730 on 030706.

030710: Applicant from unauthorized absence at 0430 on 030710 (4 days/surrendered).

030714: Applicant to unauthorized absence at 0730 on 030714.

030716: Applicant from unauthorized absence at 1900 on 030716 (3 days/surrendered).

030718: NJP for violation of UCMJ, Article 86: (3 specifications),
Specification 1: In that Fireman R_ J. W_ (Applicant), U.S. Navy, USS ABRAHAM LINCOLN, on active duty, did, on or about 8 May 2003, without authority, absent himself from his unit, to wit: USS ABRAHAM LINCOLN, located at Naval Station Everett, Washington, and did remain so absent until on or about 11 May 2003.
Specification 2: In that Fireman R_ J. W_ (Applicant), U.S. Navy, USS ABRAHAM LINCOLN, on active duty, did, on or about 6 July 2003, without authority, absent himself from his unit, to wit: USS ABRAHAM LINCOLN, located at Puget Sound Naval Shipyard, Bremerton, Washington, and did remain so absent until on or about 10 July 2003. Dismissed.
         Specification 3: In that Fireman R_ J. W_ (Applicant), U.S. Navy, USS ABRAHAM LINCOLN, on active duty, did, on or about 14 July 2003, without authority, absent himself from his unit, to wit: USS ABRAHAM LINCOLN, located at Puget Sound Naval Shipyard, Bremerton, Washington, and did remain so absent until on or about 16 July 2003. Dismissed.
Award: Restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.

030801: Applicant notified of intended recommendation for discharge with the least favorable characterization of service under other than honorable conditions by reason of misconduct pattern of misconduct and misconduct commission of a serious offense.

030801: Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

030805: Commanding Officer, USS ABRAHAM LINCOLN recommended discharge under other than honorable conditions by reason of misconduct pattern of misconduct and misconduct commission of a serious offense. Commanding Officer’s comments: “I recommend characterization of service as other than honorable.”

030815: GCMCA, COMCRUDESGRU THREE directed the Applicant's discharge under other than honorable conditions by reason of misconduct pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030808 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).

The Applicant states “I wasn’t getting any help or support from my Chain of Command or felt I was receiving any help from the Psychologist.” The Applicant goes on to add “I am enclosing a copy of these records, showing that if I had received the treatment I needed, maybe I wouldn’t have gotten into the mess that I did while in the Navy”. The documentation and statements provided by the Applicant were not sufficient to overturn the presumption that the Applicant was properly medically diagnosed. The Applicant was examined and medically diagnosed with an Occupational Problem by competent medical authority on 20030322 and 20030606. Additionally, on 20030606 the Applicant was examined and medically diagnosed by competent medical authority with Schizoid/Avoidant traits. On 20030610 the Applicant was examined and medically diagnosed by competent medical authority with an Occupational Problem, Alcohol Dependence, Malingering Provisional and Borderline Personality Disorder. The records indicate that the Applicant was fit for full duty and responsible for his actions. The evidence reviewed did not persuade the Board that the diagnosis performed by competent medical authority and subsequent administrative separation was improper or inequitable. Relief denied.

The separation process was in strict compliance with the Naval Military Personnel Manual. In accordance with regulation, when separation processing is warranted for any reason in addition to personality disorder (convenience of the government), dual or multiple processing is required. The Applicant was dual processed for separation by reason of misconduct due to commission of a serious offense and misconduct due to a pattern of misconduct. The Applicant’s misconduct, warranting separation for misconduct due to a pattern of misconduct and the commission of a serious offense, is clearly documented in the service record. The separation authority determined that a pattern of misconduct most clearly described the reason for discharge. Since no other Narrative Reason for Separation could more clearly describe why the applicant was discharged, a change would be inappropriate.

The Applicant, states “I am trying not to make excuses for what I did in the Navy, but also feel that the Navy didn’t give me a fair shake either”. 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 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 on 20011213, 20020928, and 20030718 for violations of Articles 86 (unauthorized absence), 92 (failure to obey order, regulation), 128 (assault), and 134 (wrongfully consumed alcohol while under aged). The Applicant also received one retention warning. For the edification of the Applicant, violations of UCMJ Articles 92 and 128 are considered serious offenses for which a punitive discharge is authorized by a special or general courts-martial. 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 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 additional evidence related to this 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), re-issued October 2002, effective 22 Aug 2002 until Present, Article 1910-146 (formerly 3630600), SEPARATION BY REASON OF MISCONDUCT - 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, for violation of the UCMJ, Article 92, (failure to obey a lawful general order) and Article 128 (assault consummated by battery).

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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NAVY | DRB | 2006_Navy | ND0600110

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