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

 ex-CTMSR, USN
Docket No. ND02-00029

Applicant’s Request

The application for discharge review, received 010920, 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 020701.  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: GENERAL (UNDER HONORABLE CONDITIONS)/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  Thank you for taking the time to consider this.  Filing this has been something I have debating for the last several years.  The beginning of my military service was impeccable.  Through boot camp and ten months of advanced technical training I excelled academically and professionally.  For a year aboard the USS John F. Kennedy I also excelled above and beyond.  Continuing my professional education, taking college courses and even finding time to earn an Aviation Warfare Qualification.  During sea trials in early January of 1996 there was an accident aboard JFK.  An explosion followed by a fire two decks above my berthing.  I was able to help my shipmates to general quarter station and eventually received a Navy Achievement Medal for my actions.  After the fire my perception changed about the ship.  I had trouble sleeping and was suffering anxiety daily.  I started abusing alcohol more and more and regarding my duties as a sailor less and less.  I went and tried to talk to the ship's Chaplain as well as an onboard doctor.  Both told me to tough it out and the best place for me was the ship.  A few months later my disciplinary conduct started taking a turn for the worse.  I had a few alcohol related incidents and an attempt of suicide.  At a non-judicial punishment hearing I was told by the Captain I would be discharge from the Navy.  It is now almost five years later.  I've been sober for the last four years, have had counseling to deal with my depression and anxiety and have even finished my higher education.  I have had no criminal problems and lead a healthy productive life.  The Navy failed in several aspects that I feel ultimately caused the downfall of my career.  First and foremost being the lack of diagnosis on the severity of my depression.  I later learned that it ran in my family and my father suffered from the same during his early twenties.  My depression led to my drinking which caused my disciplinary actions, which ultimately earned my discharge from the armed forces.  With the occurrence of everything stated above I sincerely believe my discharge should be upgraded to Honorable.  Thank you for your time. 

Documentation

In addition to the service record (there was NO DISCHARGE PACKAGE AVAILABLE), the following additional documentation, submitted by the applicant, was considered:

None

PART II - SUMMARY OF SERVICE

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

	Active:   USN 		None
	Inactive: USNR (DEP)	None

Period of Service Under Review:

Date of Enlistment:  931101		Date of Discharge:  961018

Length of Service (years, months, days):

	Active:    02  11  18
	Inactive:  None

Age at Entry:  18			Years Contracted:  NFIR 

Education Level:  12			AFQT:  NFIR

Highest Rate:  CT3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  4.00 (1)	Behavior:  4.00 (1)		OTA:  4.00

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, NAM, EAWS

Days of Unauthorized Absence:  None

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

GENERAL (UNDER HONORABLE CONDITIONS)/PATTERN OF MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

960517:	NJP for violation of UCMJ, Article 134: Was on or about 960561, drunk and disorderly, which was conduct of a nature to bring discredit upon the armed forces.
	Award:  Forfeiture of $490.00 pay per month for 1 month, restriction for 30 days, reduction to E-2.  No indication of appeal in the record.

960530:	NJP for violation of UCMJ, Article 86: Did on or about 2100, 960523, fail to go at the time prescribed to his appointed place of duty to wit: Restricted man's muster; violation of UCMJ Article 115: Did on or about 960523 for the purpose of avoiding service as an enlisted person intentionally injure himself by ingesting assorted mixture of pills.
	Award:  Forfeiture of $437.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-1.  No indication of appeal in the record.

NO DISCHARGE PACKAGE AVAILABLE

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 961018 general under 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).

Issue 1.  A characterization of service of under honorable conditions (general) 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 award of nonjudicial punishment (NJP) for offenses triable by court-martial on two occasions.  While he may feel that depression was a factor that contributed to his actions, 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.  Relief denied.

The applicant’s discharge characterization accurately reflects his service to his country.  The discharge was proper and equitable.  Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question.  No such error or injustice is evident during the applicant’s enlistment.  Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service.  However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review.  Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge.  Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs, are examples of verifiable documents that should have been provided to receive consideration for relief, based on post-service conduct.  The applicant did not provide sufficient documentation to warrant an upgrade to his discharge.  He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge.  The applicant can provide additional documentation to support any claims of post-service accomplishments at that time.  Legal representation at a personal appearance hearing is highly recommended but not required.  Relief denied.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C, Change 14, effective 03 Oct 96 until 11 Dec 97), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – A 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 “afls10.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