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

ex-AMSAR, USN
Docket No. ND00-00119

Applicant’s Request

The application for discharge review, received 991102, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a documentary record discharge review.  The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000727.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Pattern – frequent involvement of a discreditable nature with civil or military authorities, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. I am writing this statement to you in hopes that you will consider my request for a military discharge upgrade.  It has been many years since my discharge.  So, bear with me and I will do my very best to supply you with all the information that I think will help me in my endeavor.

Let me start by saying that I appreciate the time and effort that you all will sacrifice to review my correspondence with carefulness and attention to detail that I know you all posses.  I only wish that you will consider carefully my past and present before making your final decision.

I guess the best place for me to start would be at the beginning.  After graduation from high school, I had no real substantial plans for my life.  I didn't know anything about student loans and didn't have any proper guidance in these matters.  I came from a dysfunctional family and was on my own from the time I was fifteen years of age, was in and out of trouble, was arrested on several occasions for public intoxication and had to get some discipline and needed to find something to do with my life.  I originally applied to the Air Force, and they turned me down because of my trouble with the law.  I was granted a waiver when I joined the Navy.

While in boot camp I was called to medical for positive urine for drugs.  Needles to say, I was showing tell tale signs of having a serious problem with drugs and alcohol.  Well, even through all of this the Navy decided I was worth saving.  After boot camp my heart was actually set on staying in the service for the rest of my life.

My first infraction on my record came while I was in school in Tennessee.  I was really surprised when I lost a stripe do to wearing white socks and for somebody allowing me to use their chow pass.

After school I was sent to the fleet in California on the USS RANGER.  This was something new to me and being still very young and impressionable I was quite excited.  After we set out at sea and were in the Persian Gulf I started to loose my moral and was scared about what was going on out there.  We had a really big fire on board and lost quite a few men and it was quite sad.  I wasn't very happy how my first tour of duty was turning out.

My second infraction came the day after my birthday.  I came back to the ship incapacitated for duty and was out of uniform and late for duty.  After that it just was all falling apart.  It was just like it was when I was a civilian.  Just always in trouble and not learning from my mistakes.  I wrote my congressman and he pulled some strings to get me out and our executive officer processed me for a discharge under other than honorable conditions.

So, as you can see I have been in a substantial amount of trouble all of my life in and out of the military.  Under most circumstances I wouldn't even think I had a chance at an upgrade.  Except for quite a few very important facts that I am going to list in the following paragraph.

My average ratings and proficiency marks were good.  I completed a tour in the Persian Gulf at times when moral was extremely low and a large fire on board our ship frightened me and had a direct influence on my decision to want to get out of the service.  My records showed I was capable of advancing in my career if I didn't have a problem with discipline and was very young and not capable of making intelligent decisions on my own behalf I did serve for 31 months and was 5 months shy of my third year.  My record of court-martial convictions indicates only isolated and minor offense.  I wanted out so bad I was determined to get myself in trouble till I was kicked out.  My conviction by civil authorities while I was in the service indicates one minor isolated offense.  My record of being on unauthorized absence was minor on my birthday and was an isolated offense except the time I went unauthorized for three days.  My ability to serve was impaired do to my deprived background, my youth and immaturity and ignorance.  My use of alcohol was a direct part of my ability to serve like a responsible military man.  There was a waiver of moral standards when I enlisted.  Those pre-service problems impaired my ability to serve.  I tried to serve and wanted to but just couldn't or wasn't able to.  My discharge was based on many offenses, but they were mostly only minor offenses.  The punishment I got was to severe compared to today's standards.  The punishment I got was too harsh and much worse than most people get for the same offense.  Under current standards I would not receive this type of discharge and think it was because of the letter I sent to my congressman.  I am fully aware that my conduct was inappropriate, but I feel that the military should have considered more on getting me some help with my destructive behavior instead of punishing me more and more to the point where all I really wanted was to get out.

So, at this point I would like to go into the reasons I would like to get an upgrade and what I have done at this point in my life to make myself a productive part of society.  My troubles didn't end when I got out of the military.  I continued in my abuse of drugs and alcohol., to the point where it almost killed me.  I went through an extensive rehabilitation program for 52 weeks of intensive out patient treatment at Atlantic Mental Health in Cardiff, New Jersey, and was clean and sober for about 8 years before a relapse that almost cost me my life.  Then I went back into treatment and have been clean and sober since.  All these years of abuse cost me quite a bit of money, aggravation, and time.  But, now everything is different.  Now, I have a family, and above all I have GOD in my life.  I am living the life I should have been living a long time ago.  I was just without guidance and discipline and something to live for.  There are many reasons why I want an upgrade and you probably have heard them all before.  But, I am going to mention them anyway.  Because they truly are how I really feel, and I want to come to terms with my past and how I screwed up my life.

First and foremost would to be to receive an upgrade then to ask that the BCMR to change my enlistment code so that I can possibly go into the reserves and finish serving my country like I started doing.  I have nightmares about not completing my tour.  I need to prove to myself and also to my country that I can finish this task that I set out to accomplish so many years ago.

I would also like to receive veteran benefits for my family.  I personally do not need them.  But, my family did not make this mistake I did.  My other than honorable discharge did not effect my gaining descent employment.  I now have a great job working for the Commonwealth of Pennsylvania.  So, my upgrade would down the road help me to retire earlier, for we can purchase military time towards retirement, working for the state that is.

I have submitted on a separate letter to you, the panel, answers to the charges that plagued my military career.  I am surely not going to expect the board to see me as an innocent person.  I am guilty of all these charges which escalated to the point where I was not happy with what I was doing.  After so many times of reduction in rate and the Navy taking my pay, I just lost my moral and my enthusiasm I had when I initially left boot camp.  I still wear proudly a Navy insignia on my arm that was made by a tattoo parlor when I left boot camp.  With my position now, as a state employee, a leader in my community, and a church going, law -abiding citizen, I would hope that the board would consider my upgrade at this time.  I have included in my package several reference letters, accommodations, and awards received from my current employer as well as my current evaluation.  Please, consider my request to upgrade my discharge at this time.  Respectfully Yours,

Documentation

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

List of events chronologically
Statement from applicant dated October 13, 1999
Copy of DD Form 214
Fifteen pages from applicant's service record
Statement from Atlantic Care Behavioral Health dated September 20, 1999
Character reference dated June 24, 1999
Character reference dated July 15, 1999
Character reference dated July 23, 1999
Character reference dated July 28, 1999
Newspaper article
Job reference dated October 6, 1999 re: promotion
Copy of Certificate of Merit dated July 20, 1999
Copy of certificate for Introduction to Windows 95 dated August 5, 1998
Copy of certificate for Windows 95:Transition dated July 15, 1998
Copy of certificate of Circle of Excellence May 1998
Copy of Monthly Achiever Award for August 1997
Copy of perfect attendance award dated December 7, 1998 (3 months)
Copy of perfect attendance award dated August 18, 1998 (3 months)
Copy of certificate in recognition of Distinguished Service Guarantor/Insurer Relations dated June 1, 1998
Copy of certificate of achievement for perfect attendance - third quarter dated October 30, 1997
Copy of perfect attendance award dated October 5, 1997 (3 months)
Job reference dated June 9, 1999 re: anniversary (2 years)
Copy of employee performance review dated June 2, 1999 and September 30, 1999

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	820831 - 820912	COG

Period of Service Under Review:

Date of Enlistment:  820913		Date of Discharge:  850510

Length of Service (years, months, days):

	Active:    02  07  28
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  46

Highest Rate:  AMSAN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.73 (3)	Behavior:  2.40 (3)		OTA:  2.73

Military Decorations:  None

Unit/Campaign/Service Awards:  None 

Days of Unauthorized Absence:  6 

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Pattern – frequent involvement of a discreditable nature with civil or military authorities, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

830829:	NJP for violation of UCMJ, Article 92: Failure to obey lawful order/regulation, to wit: failed to obey uniform regulations by wearing white socks while in uniform on 14Aug83, violation of UCMJ Article 134: False or unauthorized pass, to wit: wrongfully use another service members identification card and chow pass to obtain meals at the chow hall (applicant on per diem) at the value of $7.40.
	Award:  Reduction to AR.  No indication of appeal in the record.

830829:	Retention Warning from Naval Air Technical Training Center, Naval Air Station Memphis, Millington, TN: Advised of deficiency (Violation of UCMJ, Article 92 and 134.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

840504:	Civil Conviction: Port Orchard, WA District South Court for violation of driving while intoxicated on 19Apr84.
Sentence:  Fined $750.00, jail for 365, NASAP, driving license suspended for 90 days.   Fine of $50.00 suspended for 1 year along with 362 days of the jail term.

840517:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 1500, 10May84 until 1500, 13May84 (3 days/surrendered), violation of UCMJ Article 90: Disobey a lawful command on 10May84.
	Award:  Forfeiture of $150 per month for 1 month, correctional custody for 30 days.  No indication of appeal in the record.

850314:	NJP for violation of UCMJ, Article 86: Unauthorized absence (2 hours, 27 minutes) on 26Feb85, violation of UCMJ Article 134 (2 specs): (1)  Incapacitated for duty 26Feb85, (2) Improper uniform (insignia) 14Mar85.
	Award:  Forfeiture of $347 per month for 2 months, restriction and extra duty for 45 days, reduction to AMSAA.  No indication of appeal in the record.

850325:	Retention Warning from USS RANGER (CV-61):  Advised of deficiency (Violations of the UCMJ for which you were found guilty at mast on 14Mar85.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 
    
850416:	Summary Court-Martial.
	Charge I: violation of the UCMJ, Article 86 (2 specs)
	Specification 1: Unauthorized absence from unit 9Apr85 until 11Apr85.
	Specification 2: Unauthorized absence from appointed place of duty 6 and 8Apr85
	Charge II: violation of the UCMJ, Article 91 (2 specs)
	Specification 1: Disobey lawful order on 8Apr85.
	Specification 2: Disrespect to petty officer on 8Apr85.
	Finding: to Charge I and II and the specifications thereunder, guilty.
	Sentence:  Confinement for 30 days, reduction to AMSAR.
	CA action 850417: Sentence approved and ordered executed.

850416:	USS RANGER (CV-61) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct- pattern – frequent involvement of a discreditable nature with civil or military authorities.

850416:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

850430:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct – pattern - frequent involvement of a discreditable nature with civil or military authorities. 

850508:	CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct - pattern – frequent involvement of a discreditable nature with civil or military authorities.

PART III – RATIONALE FOR DECISION AND PERTINENT 
REGULATION/LAW

Discussion

The applicant was discharged on 850510 under other than honorable conditions for misconduct pattern frequent involvement of a discreditable nature with civil or military authorities (A and B).  The Board presumed regularity in the conduct of governmental affairs (C).  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 (D and E).

In issue 1, the applicant states that his “discharge was based on many offenses, but they were mostly only minor offenses.  The punishment I got was to severe compared to today's standards.  The punishment I got was too harsh and much worse than most people get for the same offense.”  The applicant implies that a permissive doctrine exists whereby one in the military is allowed some "minor offenses".  The Board believes that the applicant is confusing this with the civilian world wherein some offenses are treated with leniency because they are a first time incident on an otherwise clear record.  No such leniency exists in the military.  The applicant is responsible for his actions and must accept the consequences of his misdeeds. 

The applicant also states that he would like the Board to “change my enlistment code so that I can possibly go into the reserves and finish serving my country like I started doing”.  The Board has no authority to change re-enlistment codes or make recommendations to permit re-entry into the Naval Service or any other of the Armed Forces.  Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to re-enlistment.  A request for waiver is normally done only during the processing of a formal application for enlistment.

The applicant further states that he would like to receive veterans benefits for his family.  The Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board.  There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. 

The applicant states that “my ability to serve was impaired do to my deprived background, my youth and immaturity and ignorance.  My use of alcohol was a direct part of my ability to serve like a responsible military man.”  The Board found that the applicant's age, education level, and test scores qualified him for enlistment.  While he may feel that his immaturity was a factor that contributed to his action, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service.  The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions.

The applicant also stated that “I tried to serve and wanted to but just couldn't or wasn't able to.”  The NDRB recognizes that serving in the Navy is very challenging.  Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country.  It must be noted that most Sailors serve honorably and well and therefore earn honorable discharges.   In fairness to those Sailors, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due.  While the NDRB respects the fact that the applicant tried while in the service, and has tried to reform his life as witnessed by his post-service documentation, his service is never-the-less equitably characterized as being performed under other than honorable conditions. Relief is not warranted.

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560, Change 10/84, effective 
17 Sep 84 until 15 Dec 85), Article 3630600, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT – A PATTERN OF MISCONDUCT.

B.  Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 91, for disobeying a lawful order, if adjudged at a Special or General Court-Martial.

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

E.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

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 “afls14.jag.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:

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