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

 ex-SK2, USNR
Docket No. ND02-00884

Applicant’s Request

The application for discharge review, received 020605, 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 030311.  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, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  Dear Naval Council of Personnel Boards,

I am sending this letter and other documents in hopes to change my discharge from Other Than Honorable to Honorable.  I was given this discharge because I committed a civilian offense.  In short, I got into a bar fight.  That is what it boils down to.  Yes, I had been drinking.  I admitted to all of my faults with sincerity.  I hope that what I have to say will help you see haw abruptly my career ended.

My Navy career started, like all sailors now, in Great Lakes, Illinois.  I arrived in late July 1996 and left in September of the same year.  I was the divisional Yeoman (Division 378) and was meritoriously advanced to E-2 upon completion.  I then transferred to Storekeeper "N' School in Meridian, Mississippi.  It was at the end of A school that I received my orders for the USS George Washington CVN-73 based in Norfolk, Virginia.  I arrived there January 4th, 1997.

Like most young sailors, seeing this enormous vessel was a complete shock to the system.  Crowded berthings mixed with an even smaller rack space made it very hard for me to adjust to my new life.  I started working in the main issue storerooms, S-8 Division.  I look back now and realize how lucky I really was with where I started.  I started in Main Issue Group 3, where it was no doubt I would excel.  My peers were not what I would call top-notch sailors.  Good friends, but they did not have what I had.  My immediate supervisors, as well as chiefs and officers, made sure that all men in our division received the training and individual attention that we were due.

I had spent about 9 months in the storerooms, where I most definitely excelled, when my chief asked me what I thought about working on the flight deck.  I had just begun my first 6-month deployment and I did not know what to think.  I said "Hell Yes!" I would be in charge of the Bravo working party.  On a carrier, the Bravo working party was responsible for the loading and unloading of mail and cargo from H-53's, C-2's, H46s, and any other aircraft that arrived.  In addition to Bravo, I was also in charge of managing the MATCONOFF and BFIMA for our battle group.  It was A LOT of work for an E-3, but I took it by the reigns and held on very well.  It was at this point that my full potential had evolved.  I think I surprised my peers and superiors with my efficiency and drive.  I was usually the last one to bed and first one up.  In the middle of all this, I found out I was going to be advanced to E-4 and also was juggling two Pace college courses.  I was awarded a Navy Achievement Medal for my meritorious duties.  My drive and praise from my superiors kept my wheels turning full speed until I hit a brick wall.  A big stupid brick wall.

While in port in the UAE, I decided that I was smarter than my CO and the 5th Fleet Commander.  I chose to stay out with and SKI whom I trusted would smooth everything over if I got in trouble.  SKI fed me what my young ears needed to hear.  "Don't worry," he said.  'I'll cover for you."  We stayed out way past curfew and held up the liberty of the entire ship.  I took full responsibility my for my actions and with the support of my chain of command, I was "awarded" 30 days restriction and 30 days extra duty.  It was a very humbling experience.

When we returned to Norfolk and I had completed my restriction I found out that I would be transferring to S-1 Stock Control Division.  My previous DIVO was now there and told me that he wanted me on his team.  It was a promotion for me, only without the money.  I was in an office of E-5 and above, so I was stuck with the "fun" jobs.  Rightfully so I guess, I was the low man.  I was in charge of the SALTS transmissions, filing and assisting in reconciliation of the monthly Report 34's.  I spent the next 7 or 8 months doing odd jobs and filling in TAD positions throughout the ship.

After all that was said and done, I finally settled into a regular position.  I was now in charge of the Report 21 reconciliation and Material Obligation Validation (MOV).  This was a position that allowed me to assist all divisions on the ship with maintaining their budgets, outstanding orders, and normal customer service issues.  It was a very tedious job that I feel I handled very well.  With this, I was also in charge of training the Supply Petty Officers from all divisions on how to "play" Storekeeper.  We had monthly training on how they were to do their job.

Getting closer to the time to begin workups, I learned that there would be a vacancy in the Air Transfer Office (ATO) for a SK.  Who better than me?  I begged and begged for the spot.  I had plenty of flight deck experience and already knew most of what the job entailed.  I stayed in ATO throughout the workups and was in S-1 while inport.

I now found out that I was going to be advanced to E-5.  It took me two times, but I earned it.  It couldn't have come at a better time.  A month and a half prior, my girlfriend and I had lost a child due to miscarriage and she was again pregnant.  My life was finally on the right course.  I made E-5, had a baby on the way and my career was going great.  HOWEVER, things weren't so peachy.  My relationship with my parents were terrible.  It was the first time I wasn't talking to either one of them.  Times were great, but rough inside of me.  Another gut shot, we lost another child due to miscarriage.  My chain of command was somewhat supportive.  I say somewhat only because sometimes their thoughts were, "well he's not married to her so…."

The night that changed my life forever was February 27th, 2000.  AK2 J_ V_, a co-worker in ATO, also a best friend, and I went out for our last hoorah.  He was transferring the following week to MCAS Yuma.  To sum up our night, we went out, we had some drinks, I got in an argument, a gentleman swung, I swung back, and I hit him.  I had a bottle in my hand.

I went through all of the civilian type processes.  I was locked up, went before the judge and was given a charge and a hefty bond.  I posted bond and started the ever so fun process of finding a lawyer, etc.  My chain of command was shocked to say the least.  Why did I hit this man?  I had no temper or desire to ever fight and they could not understand why it happened.  I was put on the Beach Detachment because we were continuing our workups and getting prepared for a six-month deployment.  No matter where I have ever worked, I have always given 110%.  Beach Det. was just another opportunity for me to learn a different aspect of my rate and show what my potential was.

When the ship returned from the six month deployment, I learned that I would be going TAD to S-2 Food Service Division to be a Mess Deck Master At Arms.  Although the hours and actual work was terrible, my superiors were very pleased with my performance.  This was one of the first times I was able to share my knowledge with junior sailors.  I easily earned the respect of my peers, superiors, and subordinates.  I was the best example of a sailor who messed up in life, but sucked it up and went on to be even more successful.  After almost a year, my trial was over and was charged with "Malicious Wounding" and was given 2 years probation.

Since I couldn't find any transfer orders that satisfied me, I decided to get out of the Navy and began that process.  Like most anxious sailors getting out, I started my countdown until terminal leave.  I had been saving my leave days for that very reason.  My chain of command was very supportive.  They congratulated me on what the civilian courts gave me and agreed that when I got out and got home, it was my chance to start over.  Everything was set, so I thought.

It was within 4 weeks of my EAOS and I hadn't seen the final copy of my Terminal Leave Chit.  My DIVO explained to me that in was on hold because the Legal Department wasn't "done with me." I now had to got to Legal on base and get someone to represent me.  Lt. S_ R_ who was to be my lawyer, explained my situation and we went from there.  We, Lt. R_ and I, got all character references lined up, all evaluations, every everything prepared.  Time was getting short.  Lt. R_ called me at my house on Saturday to inform me that on the following Tuesday, we would be going in front of an Administrative Separation Board.  Everything in my life stopped.  How could this be happening?  How could they wait until the end?  Everyone, even senior members, in my chain of command were pleased at what the civilian court gave me, now this?!

At my board, I almost felt sorry for my lawyer, Lt. R_.  She had no chance in hell.  Every time she objected or disputed a problem, the board members who worked for the same chain of command as the prosecuting LTJG shot her down.  J_ C_ couldn't have saved me.  I was ridiculed left and right.  I was called a liar.  It was something that I'll never forget.  I took it in stride.  I continued until my last days to work hard, but was not given a fair trial.

Now, its been over a year since my discharge and more than 2 years since that fateful night.  When I was discharged, I returned to Tennessee and started my life over as I had intended.  I am now the 2nd Shift Supervisor for UPS Logistics.  I will more than likely be moving to Austin, TX for a very big promotion in a few months.  I have been accepted to Tennessee State University for Fall 2002.  That shows a few things.  I have used what I learned in the Navy to benefit my civilian life and I am most definitely trying to better myself.

To this day, I try to understand why that night happened.  I'm a very happy person, happy go lucky.  Give me a challenge, I'll take it on full force.  Was it the fact that I had so many crazy emotions inside of me and I chose to keep it locked in?  To this day, I don't know.  Life is a weird being.

After all that has gone on, I figure that between court costs, GI Bill lost, Navy College Fund lost, restitution payment, lawyer fees, lost moving expenses (moving back to Tennessee was out of my pocket), and lost pay from excess leave days (32 days of leave saved), I have lost around $42,000. $42,000!!!!!  It has almost been like a double trial throughout this.

Look at my record.  Look at my evals.  Look at the transcript from my trial.  Please put some thought and consideration into this.  If my "RE" code on my DD Form 238 can be changed, I'll re-sign on the dotted line in a minute.  I gladly thank you for your time and attention.
Respectfully,

Documentation

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

Twenty-seven pages from Applicant's service record
Character reference from UPS Logistics Group dated May 9, 2002
Character reference from Operations Supervisor, undated
Letter from Applicant's father dated April 1, 2001
Character reference from Pastor dated April 2, 2001
Character reference from Pastor, Westview United Methodist Church dated April 2, 2001
Character reference from Applicant's sister, undated
Potential Character Witness Questionnaire (Admin Board) from SK1 (SW) dated March 15, 2001
Potential Character Witness Questionnaire (Admin Board) from PC3, undated
Potential Character Witness Questionnaire (Admin Board) from MSC dated April 2, 2001
Potential Character Witness Questionnaire (Admin Board) from SK3 dated March 15, 2001
Potential Character Witness Questionnaire (Admin Board) from SK2 dated March 15, 2001
Potential Character Witness Questionnaire (Admin Board) from SK2 (SW) dated March 16, 2001
Applicant's résumé
Applicant's DD Form 214

PART II - SUMMARY OF SERVICE

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

	Inactive: None
	Active:   None

Period of Service Under Review:

Date of Enlistment:  951005		Date of Discharge:  010420

Length of Service (years, months, days):

	Active:    04  08  29
	Inactive:  00  09  16

Age at Entry:  18			Years Contracted:  3+

Education Level:  Unknown		AFQT:  70

Highest Rate:  SK2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.67 (6)	Behavior:  3.34 (6)		OTA:  3.71

Military Decorations:  None

Unit/Campaign/Service Awards:  NUC, AFEM, NER (3), SSDR (2), N&MCAM

Days of Unauthorized Absence:  None

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

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

Chronological Listing of Significant Service Events:

971122:	Record of Counseling for outstanding performance.

980321:	NJP for violation of UCMJ, Article 86: Unauthorized absence from unit from 0100-1030, 980304, violation of UCMJ, Article 92: Failure to obey a lawful written order on 980304.
	Award: Forfeiture of $200 per month for 2 months, restriction and extra duty for 30 days, reduction to SKSN.  Reduction suspended for 6 months.  No indication of appeal in the record.

010209:	Civil Conviction:  Norfolk General District Court, Criminal Division for violation of malicious wounding on 000228.
Sentence: Incarceration for 2 years.  Incarceration suspended for 3 years upon the following conditions: Good behavior for 3 years, supervised probation for an indeterminate length of time to be determined by the probation officer and pay fines/or court costs of $348.00 by February 9, 2003, pay restitution to the victim in an amount determined by the probation office.

010312:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to the commission of a serious offense.

010312  	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

010403:	An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed a serious offense and a pattern of misconduct, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

010412:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due a pattern of misconduct and misconduct due to the commission of a serious offense. 

010416:	Commander, Cruiser Destroyer Group TWO directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 010420 under other than honorable conditions for misconduct due to commission of a serious offense (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.  The Board’s charter limits its review to a determination on the propriety and equity of the discharge.  A characterization of service of under other than honorable conditions is warranted when the member's conduct constitutes a significant departure from that expected of a sailor.  The Applicant’s service was marred by award of nonjudicial punishment (NJP) on one occasion and a civil conviction on another occasion.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service.  The positive aspects of the Applicant’s record do not mitigate his misconduct to the degree that would warrant a more favorable characterization of service.  The Board discerned no impropriety or inequity concerning the Applicant’s processing for administrative separation or the conduct of his Administrative Discharge Board.  Relief denied.

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces.  Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment.  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 inequity must have existed during the period of enlistment in question.  No such error or inequity 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.  Relief not warranted.

The Applicant 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.  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), Change 31, dated 20 Feb 01, effective 25 Jan 01 until 21 Aug 02, Article 1910-142  [formerly 3630605]. SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE.

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