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NAVY | DRB | 2006_Navy | ND0600165
Original file (ND0600165.rtf) Auto-classification: Denied


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


 FOR OFFICIAL USE ONLY

ex-YN1, USN
Docket No. ND06-00165

Applicant’s Request
The application for discharge review was received on 20051103 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “ BIOTS .” 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 20061206 . 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 General (Under Honorable Conditions) by reason of misconduct due to commission of a serious offense.
.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“ I request that my character of service be changed to Honorable due to the nature of my situation and the circumstances surrounding my Administrative Discharge to include my 16 years of service and post service conduct. Additionally, PSAPAC ltr 1910 Ser 02/272 of 6 Sep 02 made no mention that I had a Compulsive Gambling Disorder and was currently under treatment only the fact that I had violated the UCMJ and went to a Special Court Martial. Please refer to the letter from my defense counsel requesting another admin board. I feel that my discharge was solely based on the violation of the UCMJ and not the root problem that ultimately cost me my naval career. In addition, I went to a Special Court Martial and was found guilty. I feel that my discharge was unjust and unwarranted due to the fact that I was already awarded punishment by being reduced in rank from a Chief Petty Officer to a Petty Officer First Class, I was awarded punishment in the brig and received a Letter of Reprimand. I can accept all that but to return to duty only to go though an Administrative Board when I was only four months away from my PRD and my EAOS. This is especially unjust for a Sailor who has selflessly contributed to the United States Navy and our Country. Members of the naval Discharge Review Board, I ask you to please review all the documents that I have submitted, note the fact that I didn’t receive the required aftercare as stated in my “Summary of Care” and the fact that I was already awarded punishment for violating the UCMJ. Additionally, I paid all my debts incurred due my gambling addiction prior to my admin board and my XO supported retention as stated in the enclosure from Doctor E_ R_ (Mental Health Physician). ”

Applicant’s Remarks: Taken from the DD Form 293 to the Board:
“ Members of the board, please review my case in it’s entirety and please weigh my years of service as well as my contribution to our Navy and the community. I deeply regret the negative impact that my addiction has had on my career, my family but mostly on me. I have taken corrective measures and with a great deal of will power and a “can do” attitude I will continue to stay on track one day at a time. Please note on several statements, I attempted to start a “Gamblers Anonymous” program in Yokosuka but no one would give me the support I needed. I was very disappointed, mostly with the new Commanding Officer (CO) whom assumed duty as my CO in October 2001. During the Special Court Martial and Administrative Board, I had the support of the entire PSAPAC staff as well as the Security Department who spoke very positively with the exception of the Commanding Officer. He didn’t give me any of his time. He was quick to send me TAD to the Auxiliary Security Force in January 2002 and then send me home after serving my Country for 16 years. My CO didn’t even know me and never gave me a chance and didn’t even want to hear about the root problem that ruined me and my naval career.
With your help, I can continue to serve my country Honorably and finish my naval career that I justly deserve. Thank you. ”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 4)
Character Reference ltr from E. D. W_, Lieutenant Commander, U.S. Navy, dtd July 11, 2004 (2 pages)
Character Reference ltr from V_ V_, RTSG Transportation Manager, dtd November 4, 2003
Character Reference ltr from YNCS (AW) G_ I. S_, dtd December 5, 2002
Character Reference ltr from K_ I_ D_, CO’s Secretary, U. S. Navy Personnel Support, Activity, Pacific, dtd December 6, 2002 (2 pages)
Char acter Reference ltr from M_ K_, undated
Character Reference ltr from L_ K. T_, USN, undated
Character Reference ltr from LT D. P. S_, dtd November 06, 2002
 One hundred one pages of Applicant’s Service Record
List of Applicant’s Evaluation Reports
List of Applicant’s Awards (2 pages)
Certificate of Recognition from Raytheon Technical Services, Guam, dtd May 27, 2004
 Certificate of Employee of the Month from Raytheon Technical Services, Guam, dtd February 9, 2004
Certificate of Completion for DoD U.S. Constitution Day Course, dtd September 27, 2005
 Certificate of Completion for Information Assurance Training, dtd August 1, 2005
Certificate of Achievement for completing Annual Stormwater Training from Raytheon Technical Services, Guam, dtd November 30, 2004
Online certification of completion of DoD Standards of Conduct Office Ethics Training for Contractors in the Workplace (2004), dtd October 27, 2004
 Certificate of Completion for Information Assurance (CY 2004) Training, dtd February 25, 2004
SPCM direct t estimony of M_ C _ ( 22 pages)
SPCM direct t estimony from CWO R_ R. A_, USN (9 pages)
 Statement from G_ O. B_ , dtd July 31, 2002
Statement from A_ H_, MWR, Accounting Technician , dtd May 9, 2002
Statement from Bank of America , dtd July 17, 2002 (2 pages)
Email from Mr. P_ H_ , dtd September 4, 2002
Memorandum from YN1 (SW) C_ A_ N_ (Applicant), dtd August 21, 2002 ( 3 pages)
P unitive L etter of R eprimand from R. L. F_, Commanding Officer, Personnel Support Activity Pacific, dtd May 15, 2002
 Confinement Order, dtd May 1, 2002
 Inmate Release Order, dtd May 24, 2002
Summary of Care, Naval Hospital, Camp Pendleton, CA , dtd March 7, 2001 (3 pages)
 Ltr from LCDR E_ B. R_, D.O., MC, USNR, Department Head, Mental Health Clinic, NAVHOSP Yokosuka, Japan, dtd August 7, 2002 (2 pages)
LT E_ B. R_, MC, USNR T elephone Consultation of July 31, 2002
Ltr from LCDR E_ B. R_, D.O., MC, USNR, Staff Psychiatrist , Mental Health Clinic, NAVHOSP Yokosuka, Japan, dtd April 29, 2002 (2 pages)
 Medical Record entry , LT E_ B. R_, MC, USNR, dtd December 18, 2001
Memorandum from HM2 J_ R. B_, Psychiatric Technician , USNH Yokosuka, dtd April 30, 2002
Applicant’s Biography , undtd
Ltr from B_ S. B_, Site Manager, Alutiiq Guam, v erif ying Applicant’s e mployment, dtd April 25, 2005
 Ltr of Deficiency from LT D_ P. S_, JAGC, USN, Counsel for Respondent (Applicant) , dtd August 14, 2002
 Recommendation for Administrative Separation, dtd September 6, 2002 ( 3 pages)
Ltr from C_ A. N_ (Applicant), dtd August 31, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19850814 - 19860804       COG
          Active: USN      19860805 - 19900117       HON
          Active: USN      19900118 – 199503 30       HON
         Active:  USN      1995033 1 – 19970701      HON
          Active:  USN      19970702 – 19990401      HON
        
Period of Service Under Review :
Date of Enlistment: 19990402              Date of Discharge: 20021008

Length of Service (years, months, days):

          Active: 0 3 0 6 0 7 (Does not exclude lost time.)
          Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: None
         Confinement:              23 days

Age at Entry: 31

Years Contracted: 3 ( 9 -month extension)
Education Level: 12                                 AFQT: 47

Highest Rate: YNC (SW)

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.0 (4)      Behavior: 2.8 (4)                  OTA: 3.68

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Navy Achievement Medal (4), Navy and Marine Corps Overseas Service Ribbon (7), Good Conduct Medal (4), Sea Service Deployment Ribbon (7), Humanitarian Service Medal (2), Meritorious Unit Commendation (3), National Defense Service Medal (2), Flag Letter of Commendation, Armed Forces Expeditionary Medal, Military Outstanding Volunteer Service Medal, Navy “E” Ribbon, Joint Service Achievement Medal


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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: MILPERSMAN, Article 1910-142 (formerly 3630605).
Chronological Listing of Significant Service Events :

981201:  Medical entry: Consultation Sheet , HMC G_ M_, USN : Mbr (Applicant) referred by COC for MSE and evaluation for compulsive addictive (behavior) ( gambling ). Mbr recently disclosed to COC a substantial amount of indebtedness that is affecting all facets of daily life including marital relationship. Initial impression: denies homicidal /suicidal intent, no violence. Altered mood and affect, episodes of crying and verbalizes exasperation with current situation. No previous mental he al th complaints. Mbr a highly productive PO in COC .
         Provisional diagnosis: compulsive gambling, no organic deficit.
981201*:         Medical entry: Naval Special Warfare Unit-1, Guam, LT P. D. B_, MC, USNR: Undersea Medical Officer Note: 31 y/o female (Applicant) reports approx 1½ yr excessive gambling, has reported to COC. Substantiated debts due to gambling and related stress due to debt and resultant probs with marriage. States is highly motivated to stop gambling and wants assistance.
          Assessment: Gambling addiction and stress related to same.
         Plan: 1. Multiple resources provided.
         2. Consult mental health (discussed with LT T_) as no gamblers anonymous on island.
         Agreement made – will not hurt self or others.
         Command highly supportive of member and will attempt to provide all possible assistance.
         Report to medical PRN, esp. if mood (illegible)
         [*NDRB concluded, based on sequence of events, that this entry is misdated 981101 in the Applicant’s health record, but actually occurred on 981201.]

981214:  Medical entry: Mental Health Clinic, U.S. Naval Hospital Guam, CDR D_ L. R_, PhD, MSC, USN, Staff Psychologist: Psychological Evaluation Progress Note: YN1 N_ (Applicant) is a 31 y.o. married, Guamian female with approx 12 yrs CAD. She requested a Mental Health appt. secondary to her coming to terms with a compulsive gambling problem.
         Relevant History: Pas t medical history is unremarkable for serious or relevant surgeries, in j uries, illnesses or psychiatric issues. She reported a history of 1.5 yrs of gambling in P_ P_. Review of DSM IV criteria confirmed a diagnosis of Pathological Gambling 312.31 (now in remission). About a month ago she came out of denial and sought help and has not gambled since.
         MSE: all aspects at present re WNL. Judgment and insig h t is good. Mood is euthymic and st a ble. No SI/HI. At present she feels she is getting the necessary support to continue to abstain and does not desire further mental health services. I concurred and indicated that she could self-refer back to our clinic if things change in the future.
         S.M. is considered fit and suitable for full duty.
990402 :  Reenlisted this date for a term of 3 years.

991221:  Applicant joined for duty with Personnel Support Activity Pacific , Yokosuka, Japan.
000915:  Applicant frocked to Chief Petty Officer.

 0010 2 7:  General Manager, Navy Exchange informs Applicant’s Commanding Officer that check written by the Applicant as Treasurer, Administrative Staff Association (ASA), was returned for insufficient funds .
001102:  Commanding Officer appoints investigation into Applicant’s alleged misuse of ASA funds.
001108:  Investigat ing Officer submits report .
001206:  NJP for violation of UCMJ, Article 123a:
         Specification: Making, drawing, or uttering check, draft or order without sufficient funds.
         Violation of UCMJ, Article 134:
         Specification: General article
         Award: Forfeiture of $200.00 per month for 2 months, reduction to E-5 (suspended for 3 months). No indication of appeal in the record.
001220:  Medical entry: U.S. Naval Hospital Yokosuka, HM1 P. L_, IDC, USN: 33 y/o AD female (Applicant) to clinic requesting consult to mental health for gambling addiction. States history gambling problems in past. Last gambled 7 weeks ago. States has gotten difficult to control and is interfering with daily routine.
          A: R/O gambling addiction
         P: 1. Consult to MH – ARD. 2. Consult to nutrition. 3. F/U with LT S_ HTN. 4. RTC PRN.
010212:  Applicant admitted into Naval Addictions Rehabilitation and Education Department, Naval Hospital, Camp Pendleton, CA.
         [Extracted from Summary of Care, dtd 010307.]

010307:  Medical entry: Summary of Care, Naval Addictions Rehabilitation and Education Department, Naval Hospital, Camp Pendleton, CA, CAPT B. L. G_, MC, USN:
          This 33 year old, married female, E-7, USN, AD (Applicant) with 14 years of continuous service was entered into partial hospitalization at the Naval Addictions Rehabilitation and Education Department on 12 February 2001 with a diagnosis of pathological gambling. She had been referred by herself for gambling.
The patient’s first involvement with gambling occurred at age 17. Family history revealed alcoholism in her brother, and gambling problem in her mother. Addiction related legal problems include an NJP for bad check / misuse of funds in 2000. She has given up or reduced social, occupational and recreational activities due to gambling. She has spent a great deal of time involved in gambling. She described a subjective sense of loss of control over her gambling. She has broken promises and had a persistent desire to modify her gambling. Withdrawal symptoms from gambling include: uneasy, depression, and mood swings. Gambling has jeopardized her career. She has chased losses, been ba i led out, gambled to escape problems, been preoccupied with gambling, lied about gambling, been involved in illegal acts, and gambled with increasing amounts of money. The patient has had addiction related financial problems.
Physical examination was normal except for out of standards. Mental status examination revealed a medium height, out of standards female. Her mood was “good”. Content of thought centered on being a pathological gambler and needing rehabilitation. She denied hallucinations, paranoia, homicidal, and suicidal ideations. Immediate, recent and remote memory were intact. Diagnostic studies on entry were all normal or negative except: lymphocytes 3.6, monocytes 0.60, trace blood plus 0-2 RBC’s on UA, and cholesterol 223. Repeat UA revealed small blood, trace leukocyte esterese and 3-5 RBC’s.
While in partial hospitalization, the patient was given individual, group and milieu therapy. She attended recovery program meetings on a regular basis. She participated in a focused physical exercise program. In addition, due to her compulsive overeating she received weekly dietary counseling on food planning and a food diary. On entry she revealed a history of compulsive overeating with the following symptoms: loss of control, broken promises, disagreements with others, craving for certain foods, periods of depression and remorse, preoccupation with weight issues, and avoidance of social functions.
The patient initially appeared to be strongly motivated for treatment. As treatment progressed the patient spoke freely and spontaneously about her gambling, and somewhat freely about her overeating, ACA issues and related problems. The patient accepted that she was a pathological gambler. In group therapy and discussions the patient was actively involved, active in assuming a leadership role, an asset to the group, and grew in self awareness. She gained insight and grew emotionally. The patient’s spouse did not participate due to being out of the area. As the patient’s time in treatment drew to a close, she had indicated that she planned to attend recovery program meetings regularly after treatment. She completed treatment.
She received 2 points for lights on before reveille.
The patient was seen in sick call for a migraine headache and was given Midrin.
Exit Diagnoses: (1) Pathological Gambling
          (2) Psychological Factors Affecting Physical Condition (Compulsive Overeating with Resultant Out of Standards)
         (3) Adult Child of an Addict
         (4) Migraine Headache
         (5) Hypertension
          (6) Arthritis Right Shoulder/Arm
Exit Medications: HCTZ 25 mg ½ tab po qd
          Motrmn 800mg po tid pm
          Necon 1 p0 qd
DISPOSITION: The patient is returned to duty (regular diet and no physical activity limitations) to be placed in a formal one year recovery program. This should include attendance at a minimum of three GA (or other support group) meetings weekly with court card documentation and weekly follow-up with her DAPA. She should continue to utilize her food plan and food diary and be in remedial PT until within standards. She should evidence slow, steady, continuous progress towards goal weight, be within standards at the end of the one year aftercare period, and stay within standards thereafter. She should attend 1 OA meeting each week. She should have repeat a UA and lipid panel in one month.
A formal recovery plan was provided to the patient with a copy forwarded to her command.
Supplementary outpatient record is on file at NARED.
Returned to duty with the above recommendations.
010316:  Medical entry: Family Practice Clinic, U.S. Naval Hospital Yokosuka, LT K. A. S_, MC, USNR:
         (Applicant) Diagnosed with compulsive overeating. Pt completed rehab services. Feels able to deal with gambling problem. Getting a lot of pressure from her command abut the weight.
         A: 1. Overweight. 2. Gambling addiction – recovering.
         P: Continue exercise and diet.
011203:  Medical entry (partial) : U.S. Naval Hospital Yokosuka, LCDR D_ H_ , MC, USN:
         34 y/o female presents with request to be referred to Mental Health for her gambling problem. This began about 1½ yrs ago when s he got shore command and had more time. She states when she is there, slot machines nothing else matters. She has had treatment in Camp Pendleton, finished Feb 01. Did well for awhile, but says now relapsed, and it is worse now.
          Says blood pressure at home is much improved with the medicine.

011218:  Medical entry: Mental Health Clinic, U.S. Naval Hospital Yokosuka, LT E_ B. R_, MC, USNR:
         Chief Complaint: “I need to get out of Japan.”
         Chief N_ (Applicant) is a 34 yo named female, AD USN member stationed @PSA who was re-referred for evaluation of ongoing gambling addiction. Chief N_ was initially evaluated Fall 2000; however, those records are unavailable @time of this eval. Briefly, Chief N_ was diagnosed with Pathologic Gambling last year, sent for treatment @Camp Pendleton (only treatment program in military) and returned to parent command. Chief N_ was cooperative and appeared to be a reliable historian.
          Chief N_ states that prior to her PCS to Japan approx 2 years ago, she had no sig problem with gambling. She once gambled in NV, perhaps 1-2 days every 1-2 years, and would spend perhaps $600 – 800.00 total. She used slot machines only; no cards, betting, horses, etc. However, shortly after her arrival in Japan she began to gamble much more often 1-2 d ay s p er week, spending several hundreds of dollars a week. This behavior continued until Fall 2000 at which time she was sent for formal treatment. Chief N_ stats that she typically would spend her entire paycheck, $1500, of 2 weeks on slot machines alone. After returning from treatment, the member states she did not gamble at all for nearly 9 months, and then in July 01, she began to gamble excessively again. In addition, during the Fall of this year, Chief N_ misused a gov’t credit card for gambling (in excess of a few thousand $$). Secondary to th i s, she now is under JAG investigation and has been removed from her duties as a YN Chief @PDS. Ultimate disposition for this member is unknown; she may face admin sep for her behaviors.
         Chief N_ has no other previous MH history other than being diagnosed with Path Gamb last year. She has no history to suggest major depression, mania, psychosis, OCD, GAD, panic d/o, substance abuse, or personality disorder. Chief N_ endorses the following behaviors: preoccupation with gambling, gambling mor e amounts of $ , chases losses, committed illegal acts to finance gambling, has unsuccessfully tried to cut back, feels irritable when cannot gamble, has jeopardized her marriage and career 2 o continue gambling, and turns to others to finance gambling. These symptoms have existed for approx. 2 years.
          Assessment: Axis I: Pathologic Gambling. Partner-Relationship problems
         Axis II: No diagnosis.
         Recommendations: Member fit for duty; no need for psychiatric hospitalization or medication @present. As Camp Pendleton will NOT accept “ repeaters ,” there is no formal treatment program available for this member at this time. Ultimate disposition rests w/parent command and legal. Member would greatly benefit from early return CONUS 2 o to diagnosis of Path Gamb. I discussed my recs at length w/her XO, LCDR W_ @PSA today. Although LCDR W_ is supportive, ultimate disposition now rests w/legal as there is an open investigation. Should member not be admin sep, LCDR W_ would support early transfer. Me m ber to F/U later this week re: potential disposition – not for formal treatment.

011221:  Medical entry: Mental Health Clinic, U.S. Naval Hospital Yokosuka, LT E_ B. R_, MC, USNR:
          (Applicant) Reports to “not be doing so well.” She admits to increased stress 2 o to pending legal action and uncertain future. She endorses disturbances of sleep, poor concentration, (illegible), irritability, increased anxiety and edginess. Energy/weight/appetite have remained stable. She is not sleeping well – having sig difficulties falling asleep. No etoh or drug use; no SI/HI. No gambling this week.
         We discussed treatment options and agreed to start Zoloft to help with both increased anxiety/irritability and to see if it reduces her urge to gamble. Risks/benefits/side effects/al ternatives explained. Also talked of my medical recommendation for early return CONUS 2 o to diagnosis of Pathologic Gambling and treatment services available for treatment in Japan.
         A: Axis I: Pathologic Gambling. Partner – Rel Problems
         Axis II: None
         Axis III: HTN
         Rec: Member fit for duty but recommend early return CONUS – will write letter and forward accordingly. Follow up with me in 1 month.

020114:  Charges preferred against the Applicant for violations of Articles 92 and 123a, UCMJ :
         
020125:  Medical entry: Mental Health Clinic, U.S. Naval Hospital Yokosuka, LT E_ B. R_, MC, USNR:
         Chief N_ (Applicant) seen for F/U. Reports to being “better.” Specifically, she has been removed from parent command and has TAD to ASF (working as admin chief). She enjoys her new working environment and people she works with. Chief N_ does not know status of pending legal/admin actions as she has not received any more notice/information. Formal charges have not been brought @this time. She admits to being disappointed w/how her chain of command has treated her recently; but is remaining able to work/function.
          Positive continues to gamble about once a week – which has decreased from previous.
         A: Axis I: Pathologic Gambling
         Axis II: None
         Rec: Member psychiatrically fit for duty. Will continue to await final disposition per command and legal. Will continue Zoloft @50mg qd as urge to gamble has decreased and she is starting to feel more in control. To F/U PCN as needed. F/u with me in 6-8 weeks.
020222:  Additional Charge preferred against the Applicant for violation of Article 92, UCMJ.
        
020308:  Applicant extends enlistment for 9 months to obtain sufficient obligated service for BUPERS orders B1699(01). New EAS is 030101.

 020327:  Medical entry: Mental Health Clinic, U.S. Naval Hospital Yokosuka, LT E_ B. R_, MC, USNR:
         Chief N_ (Applicant) seen for follow up. Reports to be doing “okay.” Her preliminary hearing investigation has been completed; however, ultimate disposition unknown. No charges have formally been given; but her command recommend s OTH d/c and waiving of admin board. However, she declined and is fighting that. She may go to courts martial – that will be determined next week. She remains TAD to ASF; she enjoys it and is working well w/co-workers.
         As far as compulsive gambling, Chief N_ admits to decrease in frequency and amount spent. Her last episode was approx 2 wks ago, spent about $10.00 and felt bad during the event. Prior to that episode 2 wks ago, no gambling for a month. She admits to less desire/compulsion to gamble. She feels more in control of situation, less overwhelmed.
         A: Axis I: Pathologic Gambling
         Axis II: None
         Rec: Member psychiatrically fit for duty. Discussed treatment options and agreed to maintain Zoloft @50mg qd. F/u w/me in 4-8 wks. Ultimate disposition pending.
020401:  Article 32, Investigating Officer recommends disposition charges by Special Court-Martial.

 020426:  Charges referred to special court-martial.
020501:  Special Court-Martial
 Charge I: Violation of the UCMJ, Article 92:
         Specification 1: In that Chief Yeoman C_ A. N_, U. S. Navy, Personnel Support Activity Pacific, Yokosuka, Japan, on active duty, did, at or near Yokosuka, Japan, on or about 010831, violate a lawful general order, to wit: OPNAVINST 5370.2B dated 990527 by wrongful soliciting and receiving a personal loan for $2,400.00 from Information Systems Technician First Class (Surface Warfare) G_ O. B_, an individual junior in rate to the accused who was assigned to the same command, which conduct was unduly familiar, did not respect differences in grade and was to the prejudice of good order and discipline.
         Specification 2: In that Chief Yeoman C_ A. N_, U. S. Navy, Personnel Support Activity Pacific, Yokosuka, Japan, on active duty, having knowledge of a lawful order issued by Commander C_ A. C_, U.S. Navy, on or about 001206 to not gamble, an order which it was her duty to obey did, at or near Yokosuka, Japan, on or about 011207, fail to obey the same by wrongfully gambling with a slot machine at the Seaside Club, Fleet Activities Yokosuka.
         Specification 3: In that Chief Yeoman C_ A. N_, U. S. Navy, Personnel Support Activity Pacific, Yokosuka, Japan, on active duty, who knew or should have known of her duties at Personnel Support Activity Pacific, Yokosuka, Japan, was on or about 011109 derelict in the performance of her duties in that she willfully failed to deliver a completed DD Form 139 dated 011109 (Pay Adjustment Authorization for C_ N_) from the Commander, Fleet Activities Yokosuka Morale, Welfare and Recreation Department to Personnel Support Detachment Yokosuka, as it was her duty to do.
         Charge II: violation of the UCMJ, Article 123a
         Specification 1: In that Chief Yeoman C_ A. N_, U. S. Navy, Personnel Support Activity Pacific, Yokosuka, Japan, on active duty, did, at or near Yokosuka, Japan, on or about 010814, with intent to defraud and for the procurement of lawful currency wrongfully and unlawfully make and utter to MWR Yokosuka Bowling Center, a certain check upon the Navy Federal Credit Union, Vienna, Virginia, in words and figures as follows, to wit: Check number 0001 in the amount of $100.00. Chief Yeoman C_ A. N_, then knowing that she, the drawer thereof, did not or would not have sufficient funds in or credit with such credit union for the payment of the said check in full upon its presentment.
         Specification 2: In that Chief Yeoman C_ A. N_, U. S. Navy, Personnel Support Activity Pacific, Yokosuka, Japan, on active duty, did, at or near Yokosuka, Japan, on or about 010814, with intent to defraud and for the procurement of lawful currency wrongfully and unlawfully make and utter to MWR Yokosuka Seaside Club, a certain check upon the Navy Federal Credit Union, Vienna, Virginia, in words and figures as follows, to wit: Check # 0002 in the amount of $100.00. Chief Yeoman C_ A. N_, then knowing that she, the drawer thereof, did not or would not have sufficient funds in or credit with such credit union for the payment of the said check in full upon its presentment.
 Specification 3: In that Chief Yeoman C_ A. N_, U. S. Navy, Personnel Support Activity Pacific, Yokosuka, Japan, on active duty, did, at or near Yokosuka, Japan, on or about 010815, with intent to defraud and for the procurement of lawful currency wrongfully and unlawfully make and utter to MWR Yokosuka Bowling Center, a certain check upon the Navy Federal Credit Union, Vienna, Virginia, in words and figures as follows, to wit: Check # 0003 in the amount of $100.00. Chief Yeoman C_ A. N_, then knowing that she, the drawer thereof, did not or would not have sufficient funds in or credit with such credit union for the payment of the said check in full upon its presentment.
          Specification 4: In that Chief Yeoman C_ A. N_, U. S. Navy, Personnel Support Activity Pacific, Yokosuka, Japan, on active duty, did, at or near Yokosuka, Japan, on or about 010815, with intent to defraud and for the procurement of lawful currency wrongfully and unlawfully make and utter to MWR Yokosuka Seaside Club, a certain check upon the Navy Federal Credit Union, Vienna, Virginia, in words and figures as follows: Check # 0005 in the amount of $100.00. Chief Yeoman C_ A. N_, then knowing that she, the drawer thereof, did not or would not have sufficient funds in or credit with such credit union for the payment of the said check in full upon its presentment.
         Specification 5: In that Chief Yeoman C_ A. N_, U. S. Navy, Personnel Support Activity Pacific, Yokosuka, Japan, on active duty, did, at or near Yokosuka, Japan, on or about 010823 with intent to defraud and for the procurement of lawful currency wrongfully and unlawfully make and utter to MWR Yokosuka Seaside Club, a certain check upon the Navy Federal Credit Union, Vienna, Virginia, in words and figures as follows, to wit: Check # 507 in the amount of $100.00. Chief Yeoman C_ A. N_, then knowing that she, the drawer thereof, did not or would not have sufficient funds in or credit with such credit union for the payment of the said check in full upon its presentment.
          Specification 6 : In that Chief Yeoman C_ A. N_, U. S. Navy, Personnel Support Activity Pacific, Yokosuka, Japan, on active duty, did, at or near Yokosuka, Japan, on or about 010823, with intent to defraud and for the procurement of lawful currency wrongfully and unlawfully make and utter to MWR Yokosuka CPO Club, a certain check upon the Navy Federal Credit Union, Vienna, Virginia, in words and figures as follows, to wit: Check # 510 in the amount of $100.00. Chief Yeoman C_ A. N_, then knowing that she, the drawer thereof, did not or would not have sufficient funds in or credit with such credit union for the payment of the said check in full upon its presentment.
         Specification 7 : In that Chief Yeoman C_ A. N_, U. S. Navy, Personnel Support Activity Pacific, Yokosuka, Japan, on active duty, did, at or near Yokosuka, Japan, on or about 010829, with intent to defraud and for the procurement of lawful currency wrongfully and unlawfully make and utter to MWR Yokosuka, Bowling Center, a certain check upon the Navy Federal Credit Union, Vienna, Virginia, in words and figures as follows, to wit: Check # 517 in the amount of $100.00. Chief Yeoman C_ A. N_, then knowing that she, the drawer thereof, did not or would not have sufficient funds in or credit with such credit union for the payment of the said check in full upon its presentment.
         Specification 8 : In that Chief Yeoman C_ A. N_, U. S. Navy, Personnel Support Activity Pacific, Yokosuka, Japan, on active duty, did, at or near Yokosuka, Japan, on or about 010829, with intent to defraud and for the procurement of lawful currency wrongfully and unlawfully make and utter to MWR Yokosuka Seaside Club, a certain check upon the Navy Federal Credit Union, Vienna, Virginia, in words and figures as follows, to wit: Check # 518 in the amount of $100.00. Chief Yeoman C_ A. N_, then knowing that she, the drawer thereof, did not or would not have sufficient funds in or credit with such credit union for the payment of the said check in full upon its presentment.
         Specification 9 : In that Chief Yeoman C_ A. N_, U. S. Navy, Personnel Support Activity Pacific, Yokosuka, Japan, on active duty, did, at or near Yokosuka, Japan, on or about 010830, with intent to defraud and for the procurement of lawful currency wrongfully and unlawfully make and utter MWR Yokosuka Seaside Club, a certain check upon the Navy Federal Credit Union, Vienna, Virginia, in words and figures as follows, to wit: Check # 523 in the amount of $100.00. Chief Yeoman C_ A. N_, then knowing that she, the drawer thereof, did not or would not have sufficient funds in or credit with such credit union for the payment of the said check in full upon its presentment.
         Specification 1 0 : In that Chief Yeoman C_ A. N_, U. S. Navy, Personnel Support Activity Pacific, Yokosuka, Japan, on active duty, did, at or near Yokosuka, Japan, on or about 010830, with intent to defraud and for the procurement of lawful currency wrongfully and unlawfully make and utter to MWR Yokosuka CPO Club, a certain check upon the Navy Federal Credit Union, Vienna, Virginia, in word and figures as follows, to wit: Check # 522 in the amount of $100.00. Chief Yeoman C_ A. N_, then knowing that she, the drawer thereof, did not or would not have sufficient funds in or credit with such credit union for the payment of the said check in full upon its presentment.
         Specification 1 1 : In that Chief Yeoman C_ A. N_, U. S. Navy, Personnel Support Activity Pacific, Yokosuka, Japan, on active duty, did, at or near Yokosuka, Japan, on or about 010830, with intent to defraud and for the procurement of lawful currency wrongfully and unlawfully make and utter to MWR Yokosuka Seaside Club, a certain check upon the Navy Federal Credit Union, Vienna, Virginia, in words and figures as follows, to wit: Check # 519 in the amount of $100.00. Chief Yeoman C_ A. N_, then knowing that she, the drawer thereof, did not or would not have sufficient funds in or credit with such credit union for the payment of the said check in full upon its presentment.
         Specification 1 2 : In that Chief Yeoman C_ A. N_, U. S. Navy, Personnel Support Activity Pacific, Yokosuka, Japan, on active duty, did, at or near Yokosuka, Japan, on or about 010906, with intent to defraud and for the procurement of lawful currency wrongfully and unlawfully make and utter to MWR Yokosuka CPO Club, a certain check upon the Navy Federal Credit Union, Vienna, Virginia, in words and figures as follows, to wit: Check # 0009 in the amount of $100.00. Chief Yeoman C_ A. N_, then knowing that she, the drawer thereof, did not or would not have sufficient funds in or credit with such credit union for the payment of the said check in full upon its presentment.
         Specification 1 3 : In that Chief Yeoman C_ A. N_, U. S. Navy, Personnel Support Activity Pacific, Yokosuka, Japan, on active duty, did, at or near Yokosuka, Japan, on or about 010907, with intent to defraud and for the procurement of lawful currency wrongfully and unlawfully make and utter to MWR Yokosuka Bowling Center, a certain check upon the Navy Federal Credit Union, Vienna, Virginia, in words and figures as follows, to wit: Check # 527 in the amount of $100.00. Chief Yeoman C_ A. N_, then knowing that she, the drawer thereof, did not or would not have sufficient funds in or credit with such credit union for the payment of the said check in full upon its presentment.
         Specification 1 4 : In that Chief Yeoman C_ A. N_, U. S. Navy, Personnel Support Activity Pacific, Yokosuka, Japan, on active duty, did, at or near Yokosuka, Japan, on or about 010907, with intent to defraud and for the procurement of lawful currency wrongfully and unlawfully make and utter to MWR Yokosuka Seaside Club, a certain check upon the Navy Federal Credit Union, Vienna, Virginia, in words and figures as follows, to wit: Check # 529 in the amount of $100.00. Chief Yeoman C_ A. N_, then knowing that she, the drawer thereof, did not or would not have sufficient funds in or credit with such credit union for the payment of the said check in full upon its presentment.
         Specification 1 5 : In that Chief Yeoman C_ A. N_, U. S. Navy, Personnel Support Activity Pacific, Yokosuka, Japan, on active duty, did, at or near Yokosuka, Japan, on or about 010908, with intent to defraud and for the procurement of lawful currency wrongfully and unlawfully make and utter to MWR Yokosuka Seaside Club, a certain check upon the Navy Federal Credit Union, Vienna, Virginia, in words and figures as follows, to wit: Check # 531 in the amount of $100.00. Chief Yeoman C_ A. N_, then knowing that she, the drawer thereof, did not or would not have sufficient funds in or credit with such credit union for the payment of the said check in full upon its presentment.
         Specification 1 6 : In that Chief Yeoman C_ A. N_, U. S. Navy, Personnel Support Activity Pacific, Yokosuka, Japan, on active duty, did, at or near Yokosuka, Japan, on or about 010909, with intent to defraud and for the procurement of lawful currency wrongfully and unlawfully make and utter to MWR Yokosuka Seaside Club, a certain check upon the Navy Federal Credit Union, Vienna, Virginia, in words and figures as follows, to wit: Check # 530 in the amount of $100.00. Chief Yeoman C_ A. N_, then knowing that she, the drawer thereof, did not or would not have sufficient funds in or credit with such credit union for the payment of the said check in full upon its presentment.
          Specification 1 7 : In that Chief Yeoman C_ A. N_, U. S. Navy, Personnel Support Activity Pacific, Yokosuka, Japan, on active duty, did, at or near Yokosuka, Japan, on or about 010909, with intent to defraud and for the procurement of lawful currency wrongfully and unlawfully make and utter to MWR Yokosuka Bowling Center, a certain check upon the Navy Federal Credit Union, Vienna, Virginia, in words and figures as follows, to wit: Check # 533 in the amount of $100.00. Chief Yeoman C_ A. N_, then knowing that she, the drawer thereof, did not or would not have sufficient funds in or credit with such credit union for the payment of the said check in full upon its presentment.
         Specification 1 8 : In that Chief Yeoman C_ A. N_, U. S. Navy, Personnel Support Activity Pacific, Yokosuka, Japan, on active duty, did, at or near Yokosuka, Japan, on or about 010910, with intent to defraud and for the procurement of lawful currency wrongfully and unlawfully make and utter to MWR Yokosuka Bowling Center, a certain check upon the Navy Federal Credit Union, Virginia, in words and figures as follows, to wit: Check # 534 in the amount of $100.00. Chief Yeoman C_ A. N_, then knowing that she, the drawer thereof, did not or would not have sufficient funds in or credit with such credit union for the payment of the said check in full upon its presentment.
         Specification 19 : In that Chief Yeoman C_ A. N_, U. S. Navy, Personnel Support Activity Pacific, Yokosuka, Japan, on active duty, did, at or near Yokosuka, Japan, on or about 010915, with intent to defraud and for the procurement of lawful currency wrongfully and unlawfully make and utter to MWR Yokosuka Bowling Center, a certain check upon the Navy Federal Credit Union, Vienna, Virginia, in words and figures as follows, to wit: Check #536 in the amount of $100.00. Chief Yeoman C_ A. N_, then knowing that she, the drawer thereof, did not or would not have sufficient funds in or credit with such credit union for the payment of the said check in full upon its presentment.
 Specification 2 0 : In that Chief Yeoman C_ A. N_, U. S. Navy, Personnel Support Activity Pacific, Yokosuka, Japan, on active duty, did, at or near Yokosuka, Japan, on or about 010917, with intent to defraud and for the procurement of lawful currency wrongfully and unlawfully make and utter to MWR Yokosuka Bowling Center, a certain check upon the Navy Federal Credit Union, Vienna, in words and figures as follows, to wit: Check # 537 in the amount of $100.00. Chief Yeoman C_ A. N_, then knowing that she, the drawer thereof, did not or would not have sufficient funds in or credit with such credit union for the payment of the said check in full upon its presentment.
 Additional Charge: VUCMJ Article 92
          Specification: In that Chief Yeoman C_ A. N_, U. S. Navy, Personnel Support Activity Pacific, Yokosuka, Japan, on active duty, who knows or should have known of her duties at Personnel Support Activity Pacific, Yokosuka, Japan, on divers occasions from on or about 010208 to on or about 010926, was derelict in the performance of those duties in that she willfully failed to properly use her government credit card for only authorized uses, as it was her duty to do.
 Pleas : Charge I, Guilty. Specification 1, Guilty. Specifications 2 and 3, Not Guilty.
 Charge II: Guilty. Specifications 1 – 2 0, Guilty.
 Additional Charge: Guilty. Specification, Guilty.
 Findings : Charge I, Guilty. Specification 1, Guilty. Specifications 2 and 3, Withdrawn .
 Charge II: Guilty. Specifications 1 – 21, Guilty.
Additional Charge: Guilty. Specification, Guilty.
          Sentence : CHL for 2 months, reduction to E- 4, reprimand . Per Pretrial Agreement, all punishments may be approved; however, confinement in excess of 30 days and reduction below paygrade E-6 to be suspended for 24 months.
         [Extracted from Report of Results of Trial, dtd 020501. Record of Trial not available to the Board.]

020502:  Joined MCB Brig, Okinawa Japan, for confinement.

020525:  From confinement, restored to full duty.
020809:  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 commission of a serious offense as evidenced by a Special Court Martial Conviction.

020809:  Applicant advised of rights and having consulted with counsel, elected to appear before an Administrative Discharge Board.
020809:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to a commission of a serious offense, that such misconduct warranted separation, and recommended discharge with a general (under honorable conditions).
020814:  Counsel for Respondent (Applicant) submits Letter of Deficiency alleging error on part of board for considering Applicant’s SPCM conviction as binding established fact of misconduct prior to Convening Authority taking action .
020816:  Applicant found medically qualified for separation.

 020906 :  Commanding Officer, U. S. Navy Personnel Support Activity, Pacific, re commended to Commander, Navy Personnel Command (COMNAVPERSCOM) via Commander, Naval Forces Japan, that the Applicant be discharge d by reason of misconduct due to commission of a serious offense as evidenced by a Special Court-Martial Conviction with a general (under honorable conditions) . Commanding Officer’s comments: “ Petty Officer N_ (Applicant) is not fit for continued service due to continued pattern of misconduct. Therefore, I fully support executing Administrative Separation soonest with a General discharge as voted by the Administrative board. ”
0209 16 :  Commander, U.S. Naval Forces, Japan granted authority to Commanding Officer, U.S. Navy Personnel Support Activity, Pacific, to discharge the Applicant by reason of misconduct due to commission of a serious offense with a characterization of service as general (under honorable conditions) .

020920:  COMNAVPERSCOM directed that Applicant be discharged for misconduct characterized as general (under honorable conditions).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20021008 by reason of misconduct due to commission of a serious offense (A and B) with a service characterization of general (under 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 requested that the reason for her discharge be changed to “BIOTS ,” which t he Board concluded meant “Best Interest of the Service.” The NDRB, under its responsibility to examine the propriety and equity of a discharge, will change the reason for discharge if such a change is warranted. The service record clearly documents the misconduct which resulted in the Applicant’s discharge. Since no other Narrative Reason for Separation could more clearly describe why the Applicant was discharged, a change would be inappropriate.

The Applicant contends that her discharge was unjust because she was “already awarded punishment by being reduced in rank…in the brig and received a Letter of Reprimand” and that “to return to duty only to go through an Administrative Board when I was only four months away from PRD and my EAOS….is especially unjust. ” The NDRB advises the Applicant that certain serious offenses warrant separation from the Navy in order to maintain proper order and discipline. Violations of Article 92 and 123a are considered serious offenses and a punitive discharge is authorized if adjudged at a special or general court-martial. Court-Martial punishments that do not include a punitive discharge do not preclude subsequent administrative separation proceedings in appropriate cases. In the Applicant’s case, although her Special Court-Martial determined that a punitive discharge was not warranted as punishment for her criminal behavior, her Commanding Officer, the members of Administrative Board who reviewed her case, the Commander, U.S. Naval Forces Japan, and the Commander, Naval Personnel Command, all concluded that administrative discharge was appropriate. To permit relief, an impropriety or inequity must be found to have existed during the period of enlistment under review. There was nothing in the records, nor did the Applicant provide any documentation, to indicate there existed error of fact, law, procedure, or discretion at the time of discharge. There was no rights violation and no basis for relief.

The Applicant requested that her characterization of service be upgraded to honorable. 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. A general 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 period of service under review was marred by a nonjudicial punishment proceeding for violations of Articles 123a and 134 of the UCMJ and a Special Court-Martial conviction for violations of Article 92 and 123a of the UCMJ . The Board reviewed the Applicant’s misconduct in light of her documented Pathologic Gambling diagnosis. The Board determined that the evidence did not support the Applicant’ s contention that she “didn’t receive the required aftercare as stated in my ‘Summary of Care.’ The Board found that, while there was no Gamblers Anonymous (GA) program available to Applicant, there was an Alcoholics Anonymous (AA) program which met the criteria of her Aftercare treatment. While the Board accepts the premise that an AA program might have been less helpful to the Applicant than a GA program, b y the Applicant’s own admission she quit attending AA meetings and subsequently resumed her gambling behavior. While her diagnosis explains her behavior, it does not justify or excuse it. The Applicant’s conduct, which forms the primary basis for determining the character of h er service during the period of under review , reflects h er willful failure to meet the requirements of h er contract with the U.S. Navy and falls far short of that required for an upgrade of h er characterization of service. Relief is not warranted.
The following is provided for the edification of the Applicant. Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. 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 civilian life, subsequent to leaving the service. The NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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. After a complete review of the entire record, including the evidence submitted by the Applicant, the Board determined that the discharge was appropriate and that the evidence of post-service conduct was found not to mitigate the conduct which precipitated the discharge. Relief denied.

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 02 until Present, Article 1910-142 [formerly 3630605], SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE.
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, Failure to obey order or regulation, or Article 123a, Making, drawing, or uttering check, draft, or order without sufficient funds .
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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction . You should read Enclosure (5) of the Instruction 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 Instruction 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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