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


FOR OFFICIAL USE ONLY


ex-RPSR, USN
Docket No. ND06-00269

Applicant’s Request

The application for discharge review was received on 20051122 . 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 20061012 . 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 as a bad conduct discharge by reason of court-martial conviction .

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PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“ I believe my discharge improper because of almost 7 years of Honorable service. I went from 4.0 sailor upon leaving Naval Hospital, Corpus Christi Texas in July of 1995- to having a NJP 8 Dec 1995 and then Court Martial shortly after. The NJP Punishment-Recommendation for inpatient alcohol treatment (career ending) led to my loss of moral and military judgment leading to my Court-Martial. My going UA and bringing shame to myself, family and navy rate, are probably unforgivable, T he L_’s have been long a proud family of military service and no one has punished me more for this than them. Please look at my enclosed evaluation’s and who I am-my record of selfless attitude up until reporting to NAS South Weymouth, MA in Aug 1995. Yes I should have used allot better judgment following the NJP but everything I had worked so hard for was taken away seemingly overnight. I admit my faults and truly feel shame. I regret not being able to serve my country in this time of need, if asked I would return to Iraq in a moment. My honorable service hopefully will help me get over my guilt and shame but I will forever be proud to have been a sailor saluted the flag in uniform and served with the men I did .

Issue (1)- 6yrs 10month Honorable Service
Issue (2)- moral and ethical actions

Thank you for your valuable time and consideration ”

Documentation

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

Applicant’s DD Form 214 (2)
Navy Achievement Medal Citation (2)
Service Record Documents ( 14 pgs )
Statement from Applicant (4 pgs)
Certificate of Achievement for being a member of Joint Task Force Bravo

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PART II - SUMMARY OF SERVICE

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

         Inactive: USNR (DEP)     19890428 – 19890611                COG
         Active: USN                        19890 6 12 – 19930216                HON
                                             19930217 – 19950126               HON

Period of Service Under Review :

Date of Enlistment: 19950127              Date of Discharge: 19980504

Length of Service (years, months, days):

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

Time Lost During This Period (days):

         Unauthorized absence: 45 day s
         Confinement:              unknown

Age at Entry: 23

Years Contracted: 4

Education Level: 12                                 AFQT: 66

Highest Rate: RP2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance: 3 . 9 ( 2 )              Behavior: 4 .0 ( 2 )                 OTA: 4 .00

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal, Sea Service Deployment Ribbons with Bronze Stars, Humanitarian Service Medal, Kuwait Liberation Medal, Navy Achievement Medal, Joint Meritorious Unit Award, Fleet Marine Force Ribbon, Rifle Marksman Ribbon, Pistol Expert Ribbon

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

BAD CONDUCT/COURT MARTIAL CONVICTION, authority: NAVMILPERSMAN, Article 3640420.

Chronological Listing of Significant Service Events :

950127 :  Reenlisted this date for a term of 4 years.

951208 :  NJP for violation of UCMJ, Article 128 ( 4 specs):
         Specification 1: Assault on M_ C_, a civilian, on 14 Oct 95 by pushing her .
         Specification 2: Assault on ASAN R. J. W_ on 14 Oct 95 by pushing him.
         Specification 3: Assault on AMSAR J. P_ on 14 Oct 95 by pushing him.
Specification 4: Assault on AMSAR J. P_ on 14 Oct 95 by hitting him.
Violation of UCMJ, Article 134 : (3 specifications) .
Specification 1: Drunk and disorderly on 14 Oct 95.
         Specification 2: Dishonorably fail to pay a debt.
Specification 3 : Dishonorably fail to pay a debt.
         Award: Forfeiture of ½ pay per month for 2 month s (suspended for 6 months) , restriction and extra duty for 45 days, reduction to E- 4 (suspended for 6 months) .

951212:  Applicant appealed his NJP. [Extracted from documents provided by Applicant. Record does not indicate outcome of appeal.]

960101:  Applicant to unauthorized absence at 1630 on 960101.

960131:  Applicant declared a deserter.

960215:  Applicant from unauthorized absence at 2154 on 960215 (45 days/apprehended by civil authorities, Jacksonville, NC).

960220:  Report of Return of Deserter. Applicant apprehended by civil authorities on 960215 (2154) at Jacksonville, NC. Returned to military control 960215 (2154).

960221:  Forfeiture of pay and reduction in pay grade awarded at NJP on 951208 vacated due to continued misconduct.

960221:  Pre-trial confinement from 960221 to 960502 .

960502 :  Special Court Martial
Charge I: violation of the UCMJ, Article 85:
Specification: In that Religious Program Specialist Third Class B_ J. L_(Applicant), U.S. Navy, Naval Air Station, South Weymouth, Massachusetts, on active duty, did, on or about 01 January 1996, without authority at Naval Air Station, South Weymouth, Massachusetts, on active duty, did, on or about 1 January 1996, without authority and with the intent to remain away therefrom permanently, absent himself from his unit, located at Naval Air Station, South Weymouth, Massachusetts, and did remain so absent in desertion until he was apprehended on or about 21 February 1996. Plea : Not Guilty. Finding : Withdrawn.
         Charge II: violation of UMCJ, Article 86 .
         Specification: In that Religious Program Specialist Third Class B_ J. L_(Applicant), U.S. Navy, Naval Air Station, South Weymouth, Massachusetts, on active duty, did, on or about 01 January 1996, without authority, absent himself from his unit, to wit: Naval Air Station, South Weymouth, Massachusetts, and did remain so absent until he was apprehended on or about 21 February 1996. Plea : Guilty. Finding : Guilty.
         Charge III: violation of UMCJ, Article 92 (6 Specifications).
Specification 1: In that Religious Program Specialist Third Class B_ J. L_(Applicant), U.S. Navy, Naval Air Station, South Weymouth, Massachusetts, on active duty, having knowledge of a lawful order issued by the Commanding Officer, Naval Air Station, South Weymouth, Massachusetts, to wit: Naval Air Station, South Weymouth, Massachusetts Restriction Orders, dated 8 December 1995, an order which it was his duty to obey, did, on board Naval Air Station, South Weymouth, Massachusetts, on or about 15 December 1995, fail to obey the same by wrongfully watching television and placing personal telephone calls in the Chaplain’s Office, Naval Air Station, South Weymouth, Massachusetts. Plea : Guilty. Finding : Guilty.
Specification 2: In that Religious Program Specialist Third Class B_ J. L_(Applicant), U.S. Navy, Naval Air Station, South Weymouth, Massachusetts, on active duty, having knowledge of a lawful order issued by the Commanding Officer, Naval Air Station, South Weymouth, Massachusetts, to wit: Naval Air Station, South Weymouth, Massachusetts Restriction Orders, dated 8 December 1995, an order which it was his duty to obey, did, on board naval Air Station, South Weymouth, Massachusetts, on or about 1 January 1996, fail to obey the same by wrongfully failing to check out of his permanently assigned Bachelor Enlisted Quarters room upon being ordered into restriction in excess of 15 days. Plea : Not Guilty. Finding : Withdrawn.
Specification 3: In that Religious Program Specialist Third Class B_ J. L_(Applicant), U.S. Navy, Naval Air Station, South Weymouth, Massachusetts, on active duty, having knowledge of a lawful order issued by the Commanding Officer, Naval Air Station, South Weymouth, Massachusetts, to wit: Naval Air Station, South Weymouth, Massachusetts Restriction Orders, dated 8 December 1995, an order which it was his duty to obey, did, on board Naval Air Station, South Weymouth, Massachusetts, on or about 1 January 1996, fail to obey the same by wrongfully failing to muster with the Officer of the Day and by departing Naval Air Station, South Weymouth, Massachusetts. Plea : Guilty. Finding : Guilty.
Specification 4: In that Religious Program Specialist Third Class B_ J. L_(Applicant), U.S. Navy, Naval Air Station, South Weymouth, Massachusetts, on active duty, who knew of his duties on board Naval Air Station, South Weymouth, Massachusetts, from on or about 11 July 1995 to on or about 1 January 1996, was derelict in the performance of those duties in that he willfully failed to properly maintain the Religious Offering Fund (ROF), as it was his duty to do. Plea : Not Guilty. Finding : Withdrawn.
Specification 5: In that Religious Program Specialist Third Class B_ J. L_(Applicant), U.S. Navy, Naval Air Station, South Weymouth, Massachusetts, on active duty, did, on board Naval Air Station, South Weymouth, Massachusetts, from on or about 11 July 1995 to on or about 8 December 1995, violate a lawful general order, to wit: paragraph 2-1, Chapter 2, OPNAVINST 11200.5 C, dated 8 July 1988, by wrongfully driving a vehicle on board Naval Air Station, South Weymouth without a valid driver’s license. Plea : Not Guilty. Finding : Withdrawn.
Specification 6: In that Religious Program Specialist Third Class B_ J. L_(Applicant), U.S. Navy, Naval Air Station, South Weymouth, Massachusetts, on active duty, did, on board Naval Air Station, South Weymouth, Massachusetts, on or about 12 July 1995, violate a lawful general order, to wit: paragraph 3-2, Chapter 3, OPNAVINST 1 1200.5C, dated 8 July 1988, by wrongfully obtaining a Naval Air Station, South Weymouth DECAL without having in his possession a valid driver’s license. Plea : Not Guilty. Finding : Withdrawn.
Charge IV: violation of UMCJ, Article 112a.
Specification: In that Religious Program Specialist Third Class B_ J. L_(Applicant), U.S. Navy, Naval Air Station, South Weymouth, Massachusetts, on active duty, did, at or near the Jacksonville, North Carolina area, on or about 15 February 1996, wrongfully possess about one (1) gram of marijuana, a schedule I controlled substance. Plea : Not Guilty. Finding : Withdrawn.
Charge V: violation of UMCJ, Article 121: (4 specifications).
Specification 1: In that Religious Program Specialist Third Class B_ J. L_(Applicant), U.S. Navy, Naval Air Station, South Weymouth, Massachusetts, on active duty, did, on board Naval Air Station South Weymouth, Massachusetts, from on or about 1 October 1995 to on or about 31 December 1995, steal U.S. Currency of a value of about FOUR HUNDRED EIGHTY-SIX DOLLARS AND TWENTY-SIX CENTS ($486.26), the property of the United States Government. Plea : Guilty. Finding : Guilty.
Specification 2: In that Religious Program Specialist Third Class B_ J. L_(Applicant), U.S. Navy, Naval Air Station, South Weymouth, Massachusetts, on active duty, did, on board Naval Air Station South Weymouth, Massachusetts, on or about 30 October 1995, steal U.S. Currency of a value of about ONE HUNDRED SEVENTY-EIGHT DOLLARS AND THIRTY-FIVE CENTS ($178.35), the property of the United States Government. Plea : Guilty. Finding : Guilty.
Specification 3: In that Religious Program Specialist Third Class B_ J. L_(Applicant), U.S. Navy, Naval Air Station, South Weymouth, Massachusetts, on active duty, did, on board Naval Air Station South Weymouth, Massachusetts, from on or about 1 November 1995 to on or about 30 November 1995, steal U.S. Currency of a value of about TWO HUNDRED DOLLARS ($200.00), the property of the United States Government. Plea : Guilty. Finding : Guilty.
Specification 4: In that Religious Program Specialist Third Class B_ J. L_(Applicant), U.S. Navy, Naval Air Station, South Weymouth, Massachusetts, on active duty, did, on board Marine Corps Air Station, Jacksonville, North Carolina, on or about 25 January 1996, steal U.S. Currency of a value of about TWO HUNDRED TWENTY-THREE DOLLARS AND FORTY-THREE CENTS ($223.43), the property of the United States Government. Plea : Guilty. Finding : Guilty.
Charge VI: violation of UMCJ, Article 123: (3 specifications).
Specification 1: In that Religious Program Specialist Third Class B_ J. L_(Applicant), U.S. Navy, Naval Air Station, South Weymouth, Massachusetts, on active duty, did, on board Naval Air Station South Weymouth, Massachusetts, on or about 5 November 1995, with intent to defraud, falsely make the signature of D_ A. D_ to a certain check, in the amount of TWO HUNDRED DOLLARS ($200.00), which would if genuine operate to the legal harm of another, and which was used to the legal harm of the NAS South Weymouth Base Chapel, in that the said check was used to wrongfully withdraw funds from the Naval Air Station, South Weymouth Chapel Religious Offering Fund. Plea : Guilty. Finding : Guilty.
Specification 2: In that Religious Program Specialist Third Class B_ J. L_(Applicant), U.S. Navy, Naval Air Station, South Weymouth, Massachusetts, on active duty, did, on board Naval Air Station South Weymouth, Massachusetts, on or about 29 October 1995, with intent to defraud, falsely make the signature of D_ A. D_ to a certain check in the amount of ONE HUNDRED SEVENTY EIGHT DOLLARS AND THIRTY-FIVE CENTS ($178.35), which would if genuine operate to the legal harm of another, and which was used to the legal harm of the NAS South Weymouth Base Chapel, in that the said check was used to wrongfully withdraw funds from the Naval Air Station, South Weymouth Chapel Religious Offering Fund. Plea : Guilty. Finding : Guilty.
Specification 3: In that Religious Program Specialist Third Class B_ J. L_(Applicant), U.S. Navy, Naval Air Station, South Weymouth, Massachusetts, on active duty, did, on board Naval Air Station South Weymouth, Massachusetts, on or about 9 December 1995, with intent to defraud, falsely make the signature of D_ A. D_ to a certain check in the amount of TWO HUNDRED TWENTY THREE DOLLARS AND FORTY-THREE CENTS ($223.43), which would if genuine operate to the legal harm of another, and which was used to the legal harm of the NAS South Weymouth Base Chapel, in that the said check was used to wrongfully withdraw funds from the Naval Air Station, South Weymouth Chapel Religious Offering Fund. Plea : Guilty. Finding : Guilty.
Charge VII: violation of UMCJ, Article 134: (3 specifications).
Specification 1: In that Religious Program Specialist Third Class B_ J. L_(Applicant), U.S. Navy, Naval Air Station, South Weymouth, Massachusetts, on active duty, did, at or near the Jacksonville, North Carolina area, on or about 15 February 1996, wrongfully posses an Armed Forces Identification Card, he, the said Religious Program Specialist Third Class B_ J. L_(Applicant), then well knowing the same to be unauthorized. Plea : Not Guilty. Finding : Withdrawn.
Specification 2: In that Religious Program Specialist Third Class B_ J. L_(Applicant), U.S. Navy, Naval Air Station, South Weymouth, Massachusetts, on active duty, having been restricted to the limits of Naval Air Station, South Weymouth, Massachusetts, by a person authorized to do so, did, on board Naval Air Station South Weymouth, Massachusetts, on or about 1 January 1996, break said restriction. Plea : Guilty. Finding : Guilty.
Specification 3: In that Religious Program Specialist Third Class B_ J. L_(Applicant), U.S. Navy, Naval Air Station, South Weymouth, Massachusetts, on active duty, did, at or near the Jacksonville, North Carolina area, on or about 15 February 1996, unlawfully carry on or about his person a concealed weapon, to wit: a Lorcin .380 semiautomatic handgun. Plea : Guilty. Finding : Guilty.
         Sentence: Confinement for 12 0 days , forfeiture of $ 4 00 per month for 6 month s , reduction to E-1, Bad Conduct discharge.
         CA 960717 : The sentence is approved, and except for the part of the sentence extending to a bad conduct discharge, will be executed. In accordance with the pre-trial agreement, the forfeitures (including automatic forfeitures) are hereby suspended for a period of twelve months from the date of this action, after which time, unless suspension is sooner vacated, the suspended portion of the sentence will be remitted without further action. Pursuant to United States v. Allen, 17 mj 126 (CMA 19814), it is directed that 77 days administrative credit against the sentence to confinement be granted the accused for his 77 days of lawful pretrial confinement served.
        
980203 :  NMCCCA: The findings of guilty and sentence, as approved on review,
         are affirmed.

980423 :  Appellate review complete.

980504 :  SSPCMO: Article 71c, UCMJ, having been complied with, Bad Conduct discharge ordered executed.

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PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19980504 with a bad conduct discharge which was the sentence adjudged by a properly convened special court-martial. That sentence was subsequently approved by both the convening and appellate review authorities (A and B). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the Applicant’s issues were insufficient to merit clemency (C).

The Applicant requested upgrade of the characterization of his service because he had “almost 7 years of Honorable service” prior to his misconduct. In response to the Applicant’s issue, relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts. The Applicant’s case was considered under the pertinent standards of equity to determine if any factors in this particular case merited clemency. The NDRB found the evidence of record did not contain sufficient mitigating or extenuating factors to offset the seriousness of the offenses for which the discharge was awarded. In addition, the reason for discharge, convicted by special court-martial, is appropriate. 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), Change 14, effective
03 Oct 96 until 14 Dec 98, Article 3640420, DISCHARGE OF ENLISTED PERSONNEL ADJUDGED BY SENTENCE OF COURT-MARTIAL

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 86 (unauthorized absence for more than 30 days) , Article 121 (larceny of government property), and Article 123 (forgery ) .

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 205(2), Jurisdictional Limitations Authority for Review of Discharges.

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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