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

 ex-OSSR, USN
Docket No. ND00-00305

Applicant’s Request

The application for discharge review, received 000105, requested that the characterization of service on the discharge be changed to general/under honorable conditions.  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 000810.  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/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

The NDRB did note an administrative error on the original DD Form 214.  Block 25, Separation Authority should read: “NAVMILPERSMAN, Article 1910-140” vice “MILPERSMAN 3630600”.  The original DD Form 214 should be corrected or reissued as appropriate. 

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. My name is (applicant).  I was a United States Sailor.  I have an extraordinary experience to reveal.  Any and all details are true. It all started with my father and his insane idea that 1, his one and only son, join the United States' Navy.  At that particular time he was rather intoxicated with the whole thought of his son in one of the Armed Forces.  He was just hoping and praying that his only son would not have to become one of those doomed, homeless people seen on the streets.  I was, at the time, all out of luck with being able to find a job and keep it for the life of me.  You see, poverty at the time seemed more abrupt than war in my case.  He and I both had no idea that later on in my brief naval career that I would be in harms way right smack dab in the middle of the Persian Gulf, the most dangerous place in the world at the time.
I was in the DEP program for nine months before finally moving to camp on October seventh nineteen ninety seven.  That fall, my life endangered.  After the fact of me moving it there to boot camp at Recruit Training Compound and later Operators Specialist "A" school at Fleet Combat Training Center in Dan Neck, Virginia.  Ultimately, I landed on board the USS Kloaking.  That is where all of my trouble started.  I kept in touch with my family and friends the best way I knew how while in camp, school, and duty, but really didn't get all that much time to do that.  Any leave I had, I cherished it.  I'd spend it with all those I loved. I think my family knew something was wrong.  My father was very distressed when, after not knowing where I was and not showing at the airport, to find out later I had been placed in a Corrective Custody Unit at the Norfolk Naval Brig.  I spent thirty long days in that facility.  I was misunderstood by my superiors and sent out as an example. I just didn't make any sense at all.  I did exceedingly well at both Recruit Training Command and Operation Specialist "A" school.  I can't help but feel that what had happened was an extreme abuse of power on the Captain's part.  The Navy had changed my life so much for the better.  I felt like I was on top of the world at that time, and to be unofficially punished for some undesirable actions was ludicrous.  I had had this same situation at Dam Neck the night before.  It took six months to receive a clearance.  I waited all that time because of some mix up with me having a waiver signed upon entering the Navy at the Dallas Meps building.  I just didn't see what the hold up from being named very last in my class at the beginning to smack dab in the middle in just a few weeks.  So anyway, I ended up missing my leave time, my change of command, and being sent to the Corrective Custody Unit to boat. I failed to understand what was happening.  I was a good sailor.  I went throughout the Combined Ordeal Company.  My Captain I guess didn't see eye to eye with me about that. This Captain I refer to is only the first of the bunch.  Please allow me to enclose information on the second Commanding Officer of the USS Kloaking.  He was a younger more modem Captain.  I liked him a lot better because he made the effort just as I am in concern to this letter, to write my father a few lines and inform him of my situation on board.  Better later than never, that's always been my motto.
My superior was Ensign M_.  He was also the ship's legal officer.  He got all the proper work together for my case.  He was reluctant to enclose all of my rights to a review board for an appeal, I also was having such a hard time on my ship; I wanted to go. No matter what it took. I was discharged with an Other Than Honorable discharge.  This had happened after masts with both Captains and a seemingly long history of engagements under orders of the UCMJ.  Whatever obligations, I feel that my Commanding Officer was forced to do what he did in regards to my discharge.  It all added up, but misunderstandings from other commanders earlier on in different commands affected this new, young Captain's choices. In closing, I'd like to say that I love my country and its counterparts.  I wish any and all people that have not interpreted my goings on as an enlisted sailor a heart-felt condolence.  If I had it all to do again, I'd do it all.  I have no more regrets.  After all the continued attempts by me and my family to somehow smooth out the edges.  I feel as though I was judged unfairly without properly laying out all the facts.  My heart is still with what I had set out to do.  I wanted to finish my enlistment, but unfortunately, that chance is gone.

Documentation

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

Letter to applicant's father dated March 7, 1999
Copy of DD Form 214
Copy Standard Transfer Order dated March 6, 1999 (2 copies)
Copy of message from USS KLAKRING dated March 6, 1999
Letter from Department of Veterans Affairs dated April 22, 1999, April 30, 1999 (2) 
Copy of Travel Claim Instructions with attachments
Copy of Travel Certificate/Separation Without Orders dated March 18, 1999 (5 copies)
Itinerary/Invoice dated March 19, 1999
Copy of Dependent Application/Record of Emergency
Copy of Advance Travel Request dated March 19, 1999
Copy of History of Assignments
Copy of message from COMCRUDESGRU TWELVE dated March 5, 1999
Copy of Gain Entry Report
Copy of State of Legal Residence Certificate dated October 17, 1997
Copy of Request for Evaluation of Nontraditional Education Credentials (2 copies)
Letter from Fort Worth Independent School District
Copy of Request for Reference dated February 17, 1997
Copy of diploma from Fort Worth Independent School Board dated August 31, 1997

Disclosure Form dated October 7, 1997
Operations Specialist (OS)-4YO
Montgomery GI Bill Act of 1984 form signed October 9, 1997
Personal Data
Copy of orders dated October 7, 1997
Copy of enlistment papers
Copy of preservice alcohol and drug abuse waiver dated February 19, 1997
Eighty-six pages from applicant's service

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	970219 - 971006	COG

Period of Service Under Review:

Date of Enlistment:  971007		Date of Discharge:  990323

Length of Service (years, months, days):

	Active:    01  05  07
	Inactive:  None

Age at Entry:  21			Years Contracted:  4

Education Level:  12			AFQT:  55

Highest Rate:  OSSA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.00 (1)	Behavior:  1.00 (1)		OTA:  2.00	5.0 evals

Military Decorations:  None

Unit/Campaign/Service Awards:  None 

Days of Unauthorized Absence:  None

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

UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority:  NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

Chronological Listing of Significant Service Events:

980902:	Violation Article 86: Unauthorized absence (dismissed XOI).

980928:	NJP for violation of UCMJ, Article 86 (5 specs): (1) Absent from appointed place of duty on 0400-0445, 12Sep98 (45 minutes), (2) Absent from appointed place of duty on 0400-0445, 13Sep98 (45 minutes), (3) Absent from appointed place of duty on 0400-0435, 12Sep98 (35 minutes), (4) Absent from appointed place of duty on 0500-1010, 14Sep98 (5 hours, 10 minutes), (5) Absent from appointed place of duty on 0400-0455, 16Sep98 (55 minutes); violation of UCMJ, Article 91: Insubordinate conduct toward a petty officer on 1030, 14Sep98.
	Award:  Forfeiture of $519.40 per month for 2 months, restriction and extra duty for 30 days.  No indication of appeal in the record.

980928:	Retention Warning: Advised of deficiency (Insubordinate conduct to a petty officer and unauthorized.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

981005:	NJP for violation of UCMJ, Article 91: Insubordinate conduct toward a chief petty officer on 0805, 30Sep98.
	Award:  Correctional custody for 30 days.  Correctional custody for last 5 days suspended due to upcoming deployment.  No indication of appeal in the record.

990113:	Retention Warning: Advised of deficiency (Insubordinate conduct to a chief petty officer.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.   [Late entry.]

990119:	Violation Article 86: Unauthorized absence (Dismissed at XOI).

990224:	NJP for violation of UCMJ, Article 86: Go from appointed place of duty 0915-0945, 11Feb99 (30 minutes), violation of UCMJ Article 91: Insubordinate conduct toward a petty officer 0945, 11Feb99.
	Award:  Reduction to OSSR.  No indication of appeal in the record.

990226:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

990226:  	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 

990301:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. 

990305:	COMCRUDESGRU TWELVE directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 990323 under other than honorable conditions for misconduct due to a pattern of misconduct (A).  The Board presumed regularity in the conduct of governmental affairs (B).  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).

In response to the applicant’s issue 1, the Board disagrees with the applicant’s statement that “what had happened was an extreme abuse of power on the Captain’s part.”  The applicant only served for one year and 5 months and during that time went to XOI (Executive Officer’s Inquiry) on 5 separate occasions, CO’s NJP 3 times and was in receipt of 2 Retention warnings.  In addition, the applicant was sent to the Correctional Custody Unit to help correct his behavioral problems.  The Commanding Officer has the prerogative to recommend separation for a pattern of misconduct which consists of 2 or more NJPs within an enlistment.  The Board finds the applicant was given more than enough chances to correct his deficiencies, and failed to do so.  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.  No relief will be granted based on this issue. 

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 1997 until Present, Article 1910-140 (formerly 3630600), SEPARATION BY REASON OF MISCONDUCT - PATTERN OF MISCONDUCT.

B.  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.  

C.  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.

D.  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