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


FOR OFFICIAL USE ONLY


ex-MMFN, USN
Docket No. ND06-00313

Applicant’s Request

The application for discharge review was received on 20051214 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable . The Applicant requests a documentary record discharge review. The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20061103 . 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 commission of a serious offense .

---

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application and the attached letter :

“ I believe that the discharge given was unjust because I should’ve been given more opportunity to reach my full potential. I made some bad choices during my enlistment, I have to take full responsibility for actions, if I could change the way things were I would’ve reenlist ed , tried harder to succeed. I don’t want to be a failure. I feel like I deserve a better discharge. ”

“I am N_ A. S_ (Applicant) and am writing this document concerning The issues discussed in the 293 form I have filled out in order to obtain an upgrade. I will first begin with the initial part of my enlistment, starting with coming onboard the U.S.S Seattle AOE-3 [sic]. I came onboard the Seattle [sic] in Sept. 1999. The beginning seemed very interesting. I began acknowledging every element of the Navy Core Values that I could possibly obtain through kicking off with taking initiative to qualify in every way dealing with success in the military.

I had been qualifying for Engine room Messenger which included running Hot Bearing Drills, consisting of evaluating the temperatures of the Main Engine. Ranging from the highest temperature to the lowest temperature. As it is noted in my service documents that prior to my enlistment I had been seeing a therapist about my speech impediment. Well, to only mention this in the first part of the letter is to point out the how things started off for me.

I was elected to run these Hot Bearing Drills. The routine was to expedite each bearing temperature quickly and return to the MMOW and the EOOW, (machinist mate of the watch, and the engineering officer of the watch.).At each round, I would report temperature changes in bearings on the Main Engine. In doing this, meant running around the main engine with a whistle around your neck, taking a count of the temperatures on 36 bearings.

On each round meant actually identifying the change or fluctuation in the hottest bearing. Then, blowing the whistle to call someone from another location to come and watch the temperature as the messenger ran around the other side of the main engine to report the highest section of the watch. Who is the MMOW, and the EOOW.
Well, in doing this there became an obstacle, I had much troubles with speaking aloud. So I would stand at the front of the desk reporting the temperature of the bearing, taking more time than anything because I could not get a single word out. During the time that it took for me to report the change the division LPO and LCPO and the MIMOW, EOOW would all begin laughing at me aloud. This always made the situation more explosive each time because the deriding mockery from each person grew more and more aggravating than anything else.

As the days passed and grew more challenging only in the effect that meant to qualify in every station possible in order to learn all that I could. Well, this substantial Idea that I had to become success in the Navy was very much delayed. Due to the length of time spent as the engine room messenger. I firmly believe that I was given no opportunity for advancement. I worked many hours underway and import sometimes given more responsibility than others because I wanted to elevate myself. However, each time I would request that I be given an oral test to see if my knowledge of the plant was seemingly average enough to get me into another position other than the engineroom messenger, I was turned down by the chain of command and said that there were enough people in each watch station to substantiate for the remainder of the cruise.
The above is an argument on my behalf to say the division was only trying to keep me becoming qualified for their lack of trust in me. I appeared to them as a lower stem on the stick with no gratification of myself for myself.

Later on in my enlistment I began developing thoughts of suicide. During the beginning of my enlistment I had no such encounters of suicidal ideation. Once I began enduring mistreatment from fellow shipmates my thought patterns became monotonous and aggressive. I started thinking deep thoughts of death and how I could achieve these attempts. I had no concept of existence since I felt like I wasn’t a part of the crew. I was ignored every step of the way. I wasn’t trusted because I was labeled a retard because of my speech impediment. Which eventually led me to isolation of my interests in becoming successful in the military. I felt worthless.

The mental anguish of someone repeating the difficulty of speaking around me escalated to increased aggravation and deeper thoughts of suicide. In order for me to reduce this pain I felt inside as an outsider was to inflict pain upon myself. This infliction of pain gave the resolution I needed to free myself from this anguish. Eventually this behavior led to an addictive release. Something I could only achieve through self inflicted pain. I felt this was the only way.

My first Med. Cruise was the most difficult for me. I had a lot to learn about my challenges before me. I made myself determined to stick this through as much as I could possible. I repetitively told myself that things would smooth over and things would get better for me, and soon I would enjoy the many things the Navy has to offer. So six months later I stood still determined through many things I have yet to mention.

I made several attempts to receive oral boards for advancement to other watch stations and was given no opportunity. The length of time I went without advancement is given, since the time before I was given an oral board was later than two years around the time I became a third class petty officer. I stayed the messenger for more than two years. Not by choice, I firmly believe and know that I worked hard to get through the trial and error before me. Eventually I was given the oral board, passed it and advanced to the Distilling Plant Operator. I studied for one day and proved many wrong.

Even though the advancement the memories still remained and the pain never weakened. The worst part about my service was the daily mockery and judgment. I couldn’t reassure myself that things would smooth over anymore since after two years and counting nothing changed I was still what they saw. Several times throughout those years I would lay in my bunk to listen to other shipmates imitate me stuttering during a drill or some kind of task that required me to speak. Sleep therefore became difficult.

The leading Chief Petty Officer of the division slept about three bunks across from mine and would just lay there and do nothing. No attempt was made to stop this at all and the continuation of this just made me feel worse of a person. I had no self esteem and no confidence. I felt like even if I tried to get someone to help me that I would be turned down, or blown off. So for several years I did nothing about it. It was only until I started to desire actual death that I went to the Medical Officer and discussed some things with him. I mentioned that I felt depressed and isolated from people and that I lack confidence in myself and couldn’t be happy about anything.

I was given Paxil as a mood stabilizer and given some dosing instructions that I followed thoroughly to the tee. I stayed on Paxil for several months until I started noticing some changes in my confidence and my development of emotions to better feelings about myself. Later on this change that occurred I felt confident enough to change divisions to better the atmosphere that I was in. The request was denied several times. However, I continued to make those request to change divisions. Eventually, it was noticeable that this is what I wanted. So, the approval came through and I went to another division. I thought that changing atmospheres would be a great benefit to me. I was wrong. I started having several mood swings a day and could not concentrate. I went up to the M. O. and mentioned this to him and some more arrangements were made to adjust the dosing.

Still things were not in order for me. The past haunted me and I felt like I had no control over my emotions and the self inflicted pain. I didn’t know what to do about the this, so my behavior became dangerous. There were so many things wrong with me that I didn’t know who I was anymore. I was called “Pizza Face”, “Stuttering S_ (Applicant)”, and was looked at as a nobody that would never make it. I no friends and made no associations with others. I didn’t like people and they didn’t like me. My situation in the military was stressful enough. Why should someone have to go through all that demeanor just someone else can have a laugh? It was the accumulation of things that led to my behavior, and led me to a mental break down.

[signed] N_ S_ (Applicant)

I certify that the above information is true to the best of my knowledge.”





Documentation

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

Applicant’s DD Form 214
Behaviorism Tutorial (6 pgs)
Letter from Commanding Officer, USS SEATTLE (AOE 3), dtd December 28, 1999
Letter from Commanding Officer, USS SEATTLE (AOE 3), dtd December 12, 2000
High School Grade Report (2 pgs)
Reference ltr from K_ W_, East High School, undated
Certificate of Completion for Engineering Common Core Course CIN A-651-0118, dtd August 30, 1999
Individualized Education Plan (IEP) Report Card from Sioux City Community School District, 12 ^th grade, Year 98-99
Major Athletic Letter “E” Award for varsity football, dtd November 9, 1998
24 pages from Medical Record
Letter from W_ K_, LISW, Sioux Mental Health Center dtd May 5, 2003
Summary of Substance Abuse Evaluation, dtd June 2, 2003
Letter from J_ G_ H_, Attorney at Law, dtd July 21, 2003
Reference Le tter from J_ L. S_ , dtd July 25, 2004
Reference Letter from J_ H_, dtd July 24, 2004 (2 pgs)
Reference Letter from Mr & Mrs B_ S_ , dtd July 25, 2004
Medical Account Statements from ST. Luke’s Regional Medical Center (2 pgs)

---

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):
        
         Inactive: USNR (DEP)     19980622 - 19990527       COG
         Active: None

Period of Service Under Review :

Date of Enlistment: 19990528              Date of Discharge: 20030423

Length of Service (years, months, days):

         Active: 0 3 1 0 26 (Does not exclude lost time.)
         Inactive: None

Time Lost During This Period (days):

         Unauthorized absence: 27 day s
         Confinement:              None

Age at Entry: 1 8

Years Contracted: 4

Education Level: 1 2                                  AFQT: 46

Highest Rate: MM3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance: NA*                  Behavior: NA*             OTA: NA*

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Sea Service Deployment Ribbon ( 2 ), Armed Forces Expeditionary Medal, Navy “E” Ribbon, National Defense Service Medal .

* Not Available

---

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MILPERSMAN, Article 1910-142 (formerly 3630605).

Chronological Listing of Significant Service Events :

000911:  NJP for violation of UCMJ, Article 128: Assault consummated by a battery.
         Award: Forfeiture of $502.00 pay per month for 2 months (suspended for 6 month), restriction for 45 days, reduction to E-1 (suspended for 6 months). No indication of appeal in the record.

000911:  Retention Warning: Advised of deficiency (On 020911, you received nonjudicial punishment for Violation of the UCMJ, Article 128, assault consummated by a battery), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

0201 1 2 :  Initial Psychiatric E valuation by R_ B . C_, LT, MC, USNR, USS SEATTLE (AO E 3) .
         Assessment: Adult Depression Screening and the Mood Disorder Question naire Scores indicates symptoms are consistent with a major depressive episode and a complete evaluation is strongly recommended. Patient’s clinical picture and history also suggest depressive symptoms of a long standing nature consistent with dysthymia.
         Provisional diagnosis:
         1. Dysthymia vs major depressive episode
         2. R/O Anxiety disorder.
         Plan / Recommendation: 1. Discuss with Dr C_ regarding need for antidepressant medication, ongoing monitoring and further evaluation and treatment. Patient will see Dr. C _ Monday or Tuesday. (1/14 - 1/15).

020718:  NJP for violation of UCMJ, Article 92: Disobeying a lawful order , by wrongfully consuming alcoholic beverages while in a Class “A” liberty risk status .
Violation of UCMJ, Article 128: Assault.
Violation of UCMJ, Article 134: Drunk and disorderly.
         Award: Forfeiture of $734.25 pay per month for 1 month, restriction for 45 days, reduction to E-3. No indication of appeal in the record.

020718:  Retention Warning: Advised of deficiency (On 020718, you received nonjudicial punishment for Violation of the UCMJ, Article 92, disobeying a lawful order, Article 128, assault, Article 134, drunk and disorderly.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

020719:  Outpatient Patient Medical evaluation by B_ R_, Ph. D. LT, MSC, USNR, Clinical Psychologist, USS JOHN F. KENNEDY, Mental Health Clinic.
         AXIS I: Alcohol Abuse, Dysthymic Disorder, mild
         AXIS II: No Diagnosis: Cluster B features noted
         AXIS III: None
         AXIS IV: Lengthy history of parental abuse and neglect
         AXIS V: GAF=55 Few friends, and several conflicts with co-workers and supervisors.
         The patient displays labile dysregulated emotions and behaviors, fears of abandonment, inappropriate displays of anger, shallow display of contrition, suggestibility, and impulsive behavior. He has a history of lying, stealing, and provoking fights with others. All these emotions erratic behavior pattern are exacerbated by his alcohol consumption, which he engages in to help him feel more like ”one of the guys.” He seems to minimize his alcohol history, which is why I’m recommending outpatient treatment for Alcohol A buse rather than IMPACT class.
         Summary & Recommendation:
1. SAFETY ISSUES: Patient is currently at moderate risk for intentional self-harm. Patient denied thoughts of hurting himself and has no history of such behavior. However, his PD features place him at greater risk than the average person for harm to self. Patient does not endorse a clear plan or intent to harm anyone else, but would likely impulsively hurt someone if provoked, and especially when intoxicated (as demonstrated at the last port call). He should not be allowed to drink alcohol for the remainder of his enlistment.
2. PSYCHOTERAPY ISSUES: Follow up is recommended to help patient work on issues regarding family, self-esteem, and fears of rejection. When Seattle returns to homeport, he should be referred to psychiatry for a thorough medication evaluation (perhaps to try a different SSRI), and to outpatient psych to help him skillbuild for better emotional regulation.
3. MEDICATION ISSUES: See above.
4. COMMAND ISSUES: Patient Fit for Full Duty. Will discuss with LT C_, GMO onboard the USS Seattle. Patient is not recommended for Administrative Separation, and is not considered in imminent danger of hurting self or others. He is mentally competent to be held accountable for his action. He is capable of change and gaining insight about his personality trends. He is considered suitable for military service to finish his enlistment (which patient wants to do), but would not recommend this patient for re-enlistment.
5. FOLLOW-UP: Patient should follow up with LT C_, and with outpatient psychiatry upon their return to Portsmouth.

020725:  NJP for violation of UCMJ, Article 92: Disobeying a lawful order, by failure to report of restricted muster.
         Violation of UCMJ, Article 134: Communicating a threat.
         Award: Forfeiture of $300.00 pay per month for 1 month, restriction for 10 days. No indication of appeal in the record.

020725:  Retention Warning: Advised of deficiency (On 020725, you received nonjudicial punishment for Violation of the UCMJ, Article 92 (disobeying a lawful order), Article 134 (communicating a threat) ) , notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

020815:  NJP for violation of UCMJ, Article 92: Disobeying a lawful order.
         Award: Forfeiture of $ 1 00.00 pay per month for 1 month, restriction and extra duty for 1 0 days. No indication of appeal in the record.

020927:  NJP for violation of UCMJ, Article 92: Disobeying a lawful order.
         Award: Forfeiture of $200.00 pay per month for 1 month, restriction and extra duty for 20 days. No indication of appeal in the record.

020927:  Retention Warning: Advised of deficiency (On 020927, you received nonjudicial punishment for Violation of the UCMJ, Article 92 x 2, (disobeying a lawful order) .) , notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

021018:  Applicant over regular liberty at 0600 on 021018.

021115:  Applicant from unauthorized absence at 0730 on 021115 (27 days/surrendered at Naval Reserve Center, Sioux City Iowa).

021206:  NJP for violation of UCMJ, Article 86: Unauthorized absence for a period of 27 days, and failure to go to his appointed place of duty on two occasions.
Violation of UCMJ, Article 92: Disobeyed a lawful order, by failure to report to restricted muster on two occasions, failure to remain awake during normal working hours.
         Award: Forfeiture of ½ pay per month for 1 month, restriction for 45 days (15 days suspended). No indication of appeal in the record.

0 21210 :  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 and misconduct due to pattern of misconduct.

0 21210 :  Applicant advised of rights and having elected not to consult with counsel , elected to waive all rights.

021210:  Applicant physically qualified for separation.

030329 :  Commanding Officer, USS SEATTLE (AO E 3) , recommended to Commander, Combat Logistics Squadron TWO , that the A pplicant be discharge d under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to pattern of misconduct . Commanding Officer’s comments : “ MMFR S_ (Applicant) had been an administrative burden on this command and the Navy. Although I believe that there are some underlying psychological issues that aided in MMFR S_‘s outbursts, the bottom line is that he is a substandard performer who refused to conform to military life and uphold the oath of enli stment that he swore to. He has been given every opportunity to correct his deficiencies which resulted in regress rather than progress. MMFR S_ is not suitable for continued Naval Service. I strongly recommend that he be separated from the Naval Service with discharge characterization of Other Than Honorable .”

0 30421 :  GCMCA, Commander, Combat Logistics Squadron TWO authorized the Applicant's discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense.

030423:  DD Form 214: Applicant discharged in absentia with an Under Other Than Honorable Conditions by reason of misconduct.

Service Record was missing elements of the Summary of Service.

---

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030423 by reason of misconduct due to commission of a serious offense (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 Board presumed regularity in the conduct of governmental affairs (E).

The Applicant contends that his discharge was “unjust because [he] should’ve been given more opportunity to reach [his] full potential.” When a Sailor’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. Characterization of service as 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. There is irrefutable evidence that the Applicant’s conduct during his time in the Navy was not honorable. Indeed, the Applicant’s records contain:
•         Nonjudicial punishment proceedings on 20000911 for violation of UCMJ Article 128 Assault consummated by a battery;
•         Retention warning entry on 20000911 for deficiencies in performance and conduct concerning violation of UCMJ Article 128;
•         Nonjudicial punishment proceedings on 20020718 for violation of UCMJ Article 92 Failure to obey a lawful order, Article 128 Assault, and Article 134 Drunk and disorderly;
•         Retention warning entry on 20020718 for deficiencies in performance and conduct concerning violation of UCMJ Articles 92,128, and 134;
•         Nonjudicial punishment proceedings on 20020725 for violation of UCMJ Article 92 Failure to obey a lawful order and Article 134 Communicating a threat;
•         Retention warning entry on 20020725 for deficiencies in performance and conduct concerning violation of UCMJ Articles 92 and 134;
•         Nonjudicial punishment proceedings on 20020815 for violation of UCMJ Article 92 Failure to obey a lawful order;
•         Nonjudicial punishment proceedings on 20020 927 for violation of UCMJ Article 92 Failure to obey a lawful order;
•         Retention warning entry on 20020927 for deficiencies in performance and conduct concerning violation of UCMJ Articles 92; and
•         Nonjudicial punishment proceedings on 20021206 for violation of UCMJ Article 86 Unathorized absence and Article 92 Failure to obey a lawful order.
The Applicant’s conduct, which forms the primary basis for determining the character of his service, falls well below that required for an honorable characterization of service. An upgrade to honorable would be inappropriate; therefore relief is denied.

The Applicant is advised that the Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits or enhancing employment and educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. Since these issues do not serve to provide a foundation upon which the Board can grant relief, relief on this basis 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 post-service accomplishments or any other evidence related to the discharge at that time. 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 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 .

E. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs .

---

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