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


FOR OFFICIAL USE ONLY


ex-CTTSA, USN
Docket No. ND06-00353

Applicant ’s Request

The application for discharge review was received on 20060104. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. The Applicant requests a personal appearance hearing before the Board in the Washington National Capital Region. The Applicant did not designate a representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing

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 General (Under Honorable Conditions) by reason of misconduct due to commission of a serious offense .

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PART I -

APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

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

“To the Naval Council of Personnel Boards,

I would like to personally address the issue of my discharge including but not limited to my re-enlistment code of an RE-4.

My name is R_ H_(Applicant) formerly CTTSN H_ and I would like to brief you on the chain of events that led up to my involuntary separation from the U.S. Navy.

It began when I was 16 years old. I, like many other teenagers at the time, hated my parents, thought I was invincible, dropped out of high school, and didn’t have a care in the world except for how much money I had to spend, and the amount of gas in my car. However, after about 2 years it all caught up with me, when I got into some minor trouble, due to a few outstanding traffic citations, and I ended up spending two nights in the local city jail. It got to the point where I realized I was going to go to a county prison for an extended amount of time if I didn’t turn myself around. That’s when my father called me and instructed me to talk to a Navy recruiter that he had previously spoken to. After an in depth conversation with the recruiter, I realized that I had a way out, an opportunity to turn myself around. Having passed my ASVAB with a 81 overall score, and completing 2 ½ years of high school in just over 4 months to get my high school diploma, I found myself in Great Lakes, IL.

Once I had graduated Basic Training and my “A” school, I was transferred to Norfolk VA, with my new wife A_, and my newborn daughter K_. Having been extremely overwhelmed with basic training, school, marriage, and the birth of my daughter, all at the age of 18, I really didn’t have time to think about anything. I was in a sense, on autopilot. This was an extreme change of lifestyle for me in a very short time. That’s when a certain feeling had set in.

I had gone back to thinking about why I had joined the military in the first place, to stay out of jail. It was not a decision I was forced into, however, that was my train of thought at the time. Most of the people I had encountered in the Navy had the right attitude; they wanted to be there. I didn’t feel that way, I felt like I was forced into the decision to en-list. Feeling comfortable in Virginia, my ego began to swell and I began to act like I was not expendable, that my department could not function without me. Additionally, I began to think that even if I did get out of the military, I would be able to adjust to the civilian life without any problems. After all, I was a veteran and could get a job anywhere I wanted to.

With that attitude, along with a mouth that many would love to shut permanently came a series of events that led to my discharge.

It has been close to a year since I last walked outside Gate 3 at Norfolk. Since that day, I have learned close to a lifetimes worth of lessons in regards to making the appropriate decisions at the correct times.

I am currently living at home with my parents, as well as my wife and two wonderful children. I haven’t been able to jump start my career again or even find a decent job here in the great state of Michigan. This type of situation would bring any decent man to his knees, but it doesn’t hurt me as much as it does my wife and kids. We have to go each day wondering where we are going to find money to do certain things, such as an oil change, gas in the car, getting out of the house, giving my children a life and a father to be proud of, just the simple things in life that are worth more than anything else. Not to say that we are in terrible need or hurt, my children are taken care of for now, due to my parents lending a helping hand in our time of need, but this cannot and will not last forever.

I know and fully understand now that I am in an important point in my life where a wrong decision could effect the lifestyle we live for many years to come, something I didn’t understand before.

With the above being said, this letter is not written to inflict self pity or ask anyone for the same, nor to give the impression that I have no place else to go or have exhausted all other options, nor am I asking anyone to just forgive and forget. I am writing as a man who has made a terrible mistake, and realizes it. A man who wants to finish what he had once started, a man who wants to make up in every way possible the wrongs that were done before. To accomplish this, I want to re-enlist into the armed services. I do not expect the U.S. Navy to take me back, but would like to join another branch of the service, if they will accept me. To do this, I will need my RE code upgraded. I would prefer an RE-l, but an RE-2 will suffice.

My family has a long tradition with the U.S. military. My great grandfather was a Navy man, serving on board a destroyer in WWI. My grandfather and grandmother are both veterans, having served in WWII, the Korean War, as well as the Berlin Airlift. My mother and my father are both Vietnam Era veterans. I too, would like to carry on my family tradition of’ honorably serving my country in the military. I beg of you to please respectfully honor my request to be able to re-enlist into the armed services, so that I may fulfill the duty that I had left so wrongfully that dreadful year ago. I assure you that my continued service will be one that will bring honor to the military, my country, and my family.

Thank you very much for your time and consideration in this matter.

R_ H_(Applicant) ”

Documentation

Only the service and medical record s were reviewed. The Applicant did not provide additional documentation for the Board’s consideration.

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PART II - SUMMARY OF SERVICE

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

         Inactive: USNR (DEP)     20011102 - 20020210       COG
         Active: None

Period of Service Under Review :

Date of Enlistment: 20020211              Date of Discharge: 20041029

Length of Service (years, months, days):

         Active: 0 2 0 8 1 9
         Inactive: None

Time Lost During This Period (days):

         Unauthorized absence: None
         Confinement:              None

Age at Entry: 18

Years Contracted: 4 ( 12 -month extension)

Education Level: 12      (GED)                       AFQT: 71

Highest Rate: CTTSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance: 3 .0 ( 2 )                        Behavior: 2 .0 ( 2 )                  OTA: 2. 75

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214 ): National Defense Service Medal ; Armed Forces Expeditionary Medal; Sea Service Deployment Ribbon ; Navy Expeditionary Medal; Expert Pistol Medal; Expert Rifle Medal ; Global War on Terrorism Expeditionary Medal

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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 :

030213:  Retention Warning: Advised of deficiency ( Misconduct as evidenced by failure to obey UCMJ, Art. 86 by being 4 5 minutes late to work on 030124 and 10 minutes late on 030212, failure to obey NAVPERS INST 15665.I by wearing a gold chain which was visible while in military uniform, in spite of multiple warnings form divisional personnel, and consistent neglect or refusal to either remove or conceal said chain; violation of UCMJ, Art. 91, on 030212 by disrespect to a senior petty officer in front of other junior personnel; and failure to adhere to UCMJ, Art. 123, by knowingly writing a check on 030106 without having sufficient funds to cover it. ), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

030515:  Retention Warning: Advised of deficiency ( Failure to meet body composition assessment standards .), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

040408:  NJP for violation of UCMJ, Article 91 ( 5 specs):
         Specification 1: In that CTTSN R_ L_ H_(Applicant), USN, NSGA, Norfolk, having received a lawful order from CTT1 W_ C_, USN, a petty officer first class, then known by the said CTTSN H_ to be a petty officer first class, to stop field day and study, an order which it was his duty to obey, did, at NSGA, Norfolk, on or about 040311, willfully disobey the same.
         Specification 2: In that CTTSN R_ L_ H_, USN, NSGA, Norfolk, on or about 040311, was disrespectful in language toward CTT1 W_ C_, USN, a superior petty officer first class, then known by the said CTTSN H_ to be a superior petty officer first class who was then in the execution of his office by saying, “Write me up,” or words to that effect.
         Specification 3: In that CTTSN R_ L_ H_, USN, NSGA, Norfolk, having received a 1awful order from CTT1 R_ H_, USN, a petty officer first class then known by the said CTTSN H_ to be a petty officer first class, to finish the comments section on his counseling sheet, an order which it was his duty to obey did, at NSGA Norfolk, on or about 040312, willfully disobey the same.
         Specification 4: In that CTTSN R_ L_ H_, USN, NSGA, Norfolk, on or about 040312, was disrespectful in deportment toward CTT1 R_ H_, USN, a superior petty officer first class, then known by the said CTTSN H_ to be a superior petty officer first c1ass, who was then in the execution of his office by extending both his middle fingers toward CTT1 H_.
         Specification 5: In that CTTSN R_ L_ H_, USN, NSGA, Norfolk, on or about 040312, was disrespectful in language and deportment toward CTTC N_ K_, USN, a superior chief petty officer, then known by the said CTTSN H_ to be a superior chief petty officer, who was then in the execution of his office, by saving. “Yes, Chief,” in a belligerent tone and walking away from said chief.
         Award: Forfeiture of $ 2 00 per month for 2 month s, correctional custody for 30 days, reduction to E- 2 . Forfeiture and reduction suspended for 6 months. No indication of appeal in the record.

040408:  Retention Warning: Advised of deficiency (Misconduct as evidenced by NJP of 040408 for VUCMJ Article 91: Willful disobedience of a PO1 on 040311; disrespectful in language toward a PO1 on 040311; willful disobedience of a PO1 on 040312; disrespectful in deportment toward a PO1 on 040312; and disrespectful in language and deportment toward a CPO on 040312.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

041006:  NJP for violation of UCMJ, Article 134: In that CTTSA R_ L. H_( Applicant ), USN, NSGA, Norfolk, a married man, on active duty did, in Portsmouth, England on or about 040919-040920, wrongfully have sexual intercourse with a woman not his wife.
         Award: R estriction for 45 days, reduction to E- 1. No indication of appeal in the record.

041013 :  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of misconduct - pattern of misconduct and misconduct - commission of a serious offense.

041013 :  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.

041013 :  C ommanding Officer, Naval Security Group Activity, Norfolk, VA, directed Officer-in-Charge, Personnel Support Detachment, Sewells Point, Norfolk, VA to discharge Applicant with a general (under honorable conditions) character of service by reason of misconduct due to commission of a serious offense.

041019:  Applicant found medically qualified for separation.

041122:  Commanding Officer, Naval Security Group Activity, Norfolk, VA, notified Commander, Navy Personnel Command (PERS-83) , that Applicant was discharged locally on 041029 with a characterization of general (under honorable conditions) by reason of misconduct due to commission of a serious offense . Commanding Officer’s comments: “ A fter a history of mi no r disciplinary and attitude problems and receivin g counseling through FFSC, CTT S R H_(Applicant) (hereafter “H _ ”) was taken to mast for the offenses listed in par agraph 1.d(1) above [see enclosure (2)] . He was issued enclosure (3) n otif ying him that any further deficiencies in his conduct or performance coul d result in administrative separatio n p r ocessing . He went to C CU after hi s first NJ P and successfully completed his program there, statin g he had le arned to respect his chain of command and to allow his superiors to help h i m with both professional and personal conce rns . He returned o the command a n d was showing progress . After gainin g his superiors’ trust he was allowed t o deploy . He flew to England w i th te am members to meet their plat oon and the night of his arrival, before rep orting aboard, committed adultery with a woman he met in a bar .
         The incident with the femal e comp anion resulted in H _’s arrest for an alleged rape . While char g es w ere subsequently dropped, his mis condu c t resulted in an operationa l unit being delayed in getting under w a y . That unit also was ultimately fo rc ed to ge t under way short handed with a k ey member of the TAD unit missing . His misconduct was clearly prejudicial, to good order and discipline and brou ght discredit to his command .
         I determined that Seaman Recruit H_ has no further potential for naval service and, by the authority granted to me by reference (a), directed that he be discharged, enclosure (6). Although the offenses committed by Seaman Recruit H_ are serious by definition, I determined they did not warrant a characterization of service as Other Than Honorably.
         Member was separated locally under authority granted by MILPERSMAN 1910-700. ”

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PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20041029 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).

When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. An under other than honorable conditions or 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. The Applicant’s service was marred by three retention warnings and two nonjudicial punishment proceedings for violations of Articles 86, 91, 123a and 134 of the UCMJ. The Applicant’s violations of Articles 91, 123a and 134 are serious offenses for which a punitive discharge is authorized if adjudged as part of the sentence upon conviction at special or general court-marital. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

Through his issues, the Applicant implies that his discharge is inequitable because it wa s a result of youth and stress. While he may feel that his immaturity was the underlying cause of his misconduct, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service. The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing enlistment, employment or educational opportunities. Relief denied.

The Applicant requests that his RE-Code be changed. Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code. Reenlistment policy of the naval service is promulgated by the Commander, Navy Recruiting Command, 5722 Integrity Drive, Bldg 784, Millington, TN 38054. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

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. 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 25 April 2005, 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 91, insubordinate conduct, Article 123a, uttering checks with insufficient funds or Article 134, adultery .

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .


PART IV - INFORMATION FOR THE APPLICANT


If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive. You should read Enclosure (5) of the Directive before submitting such a complaint. The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness. You may view DoD Directive 1332.28 and other Decisional Documents by going online at “ http://Boards.law.af.mil ” .

The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

                  Secretary of the Navy Council of Review Boards
                  Attn: Naval Discharge Review Board
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023