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

 ex-MM3, USN
Docket No. ND03-00832

Applicant’s Request

The application for discharge review was received on 20030410.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests 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 20040408.  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: UNDER OTHER THAN HONORABLE CONDITIONS/IN LIEU OF TRIAL BY COURT MARTIAL, authority: NAVMILPERSMAN, Article 1910-106 (formerly 3630650).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “My name is J_ S_ O_ (Applicant) in August of 1997, I joined the Navy to better myself.  But when I arrived in Great Lakes for boot camp, soon realized the Navy was not for me.  Because I’m not compatible with the Navy, I have received an Other Than Honorable Discharge which I feel I do not deserve.  This is my dilemma, and I am hoping that you can help me. Before I joined the Navy, I was in the Marine Corps from March 1992-March 1993.  I received and Honorable discharge under medical conditions because of training injuries.  After a few years of being out of the military and having mediocre jobs, I decided to rejoin the military.  I wanted to go back to the Marines, since I fell I'm most compatible with them.  I also almost felt ashamed to have only served one year, because most Marines are so gung-ho about being a Marine.  I was often-times embarrassed to admit I only served one year, but was also proud I had made it through boot camp and served some time with some good Marines.  I decided that I didn't want to go through Marine boot camp again, since it is extremely hard and the drilling severely hurt my back because I have a mild case of scoliosis.  The Marines are department of the Navy, and the Navy offered Nuclear Engineering.  I was extremely interested in this field in my high school years.  I also thought that I could join an officer program and be able to transfer back to the Marines.  The nuclear course offered a lot of schooling, so I decided on the Navy.  I knew if I could make it through Marine boot camp, Navy boot camp would be much easier And this is where my troubles began. The second day of boot camp, I realized that the Navy was severely unorganized and undisciplined.  I immediately asked my RDC(instructor) that wanted to transfer from the Navy to the Marines.  At that point I didn’t care about having to do Marine boot camp again.  I hated the Navy so much already that I wanted out.  I could tell that I just didn’t fit in with Navy personnel.  After asking for the transfer, my RDC said it was not possible to leave the Navy He then made me the Recruit Chief Petty to give me encouragement.  It did not work I asked at least two more times during boot camp for a transfer, and the answer was always no. My whole time in Navy boot camp, I was disgusted at the lack of discipline the navy had, even in the RDC’s as well.  Here we had instructors that were too last to take us to PT (physical training) and too lazy to instill discipline.  I saw several severely overweight RDC's and numerous overweight Navy personnel.  I was even told that the Navy was so desperate for people that they wouldn't kick you out of the Navy anymore for being overweight.  I’ve even seen high ranking officers on television programs talking about how the military is getting soft I joined the military to be the military, not the cub scouts or whatever the military is becoming.  I wanted to be a man in uniform, not a babysitter, which is what I had to do all the time. In boot camp I was severely depressed.  I wanted out, but I didn’t want to go crying to the chaplain like everyone else who wanted out did.  That would make me look like I was weak.  I am also an atheist, so I don’t like talking to religious people anyway believe that religion usually causes more harm than good, even though I know it's not the intent.  This added to my pain and conflict.  I didn’t want out of the military, just out of the Navy. And besides all of this.  Because some idiot decides it’s going to be 70-80 degrees in the afternoon, but it’s 40 degrees in the morning, we are not allowed to wear jackets all day.  During boot camp, I came down with bronchitis because of that boot camp rule.  Why not let us wear our jackets in the morning, and then let us take them off during the afternoon like everyone else an the entire world would do I was hospitalized for two days, and now I have to live the rest of my life coughing up mucous because of that. Despite all of this, I thought maybe somebody at my next command could help me since it was obvious nobody wanted to help me out here.  I just wanted to get not boot camp.  I finally graduated and went to my “A” school in Orlando, FL My Chief there said he could not help me either, even after I asked several times throughout "A" school.  In the transition between “A” school and Power School we had to fill out questionnaires before starting Power School.  I wrote that I hated the Navy and wanted to go back to the Marines.  Because of that, I had an interview with, Senior Chief.  Again I was told there was nothing they could do and to just make the best of things.  At this point I was starting to feel severely frustrated and suicidal.  A few people had left the Navy after talking with the Chaplain, but I still did not want to talk with him.  I still wanted to stay in the military.  I was afraid he would send me home and I would never get back to the Marines. While in Power School I talked to my Chief theme.  I was class leader in "A" school; and de asked why I didn’t want to be class leader in Power School I simply toad nm that I did not want to be in the Navy and that I felt that the class leader should be someone that wants to be here and is a go-getter.  He agreed and made me the assistant class leader.  I may as well have been the class leader though, since I most of the work anyway and the students listened to me better since I had been in the Marines.  I asked my Chief several times throughout Power School about changing to the Marines.  It was starting to get useless to ask.  They never even checked on it for me While in Power School, I came down with bronchitis again.  I went to the doctor and was put on SIQ(sick in quarters) for three days.  If you are SIQ for two or more days in Power School, you are supposed to be dropped back to the next class because of the intense curriculum.  I was not, and because of this, my grades suffered dramatically I could not catch up.  I passed Power School, barely .  I hated the Navy, but I hated being a quitter more, so my conflict grew even greater.  I thought I was going to fail Power School towards the end, so I went to the next person in my command for help, a master chief.  And he gave me the usual response.  He of course said that there was nothing he could do for me.
One of the things that even enraged me further, was my evaluation at the end.  Even though my grades were one of the lowest in Power School, always had the best uniform, discipline, and the highest PT scores in the whole school, but received average marks on my evaluation.  Whereas one female student in the class, who was severely overweight, always went to the doctor to get out of PT, had wrinkly uniforms, and no discipline whatsoever, received one of the highest marks on her evaluation, solely because she got good grades.  This still enrages me even now.  Is this what the Navy is becoming?  I certainly didn’t want to be in this Navy, especially if we ever had to go to war. I graduated Power School and went on to Nuclear Prototype School, where again, I asked about transfer to the Marines.  I got the same reply.  At this point I could not even concentrate on studying and was getting threats from my superiors that I must stay on track.  I was severely behind and had to talk to several people about it.  My response was  that I hated the Navy and could not keep my mind focused anymore.  They threatened to send me to Captain’s Mast for dereliction of duty.
I tried the best I could, but was falling even more behind.  I finally talked to a Lieutenant Junior Grade and told him my problem.  He was the first person that actually tried to help me out in the almost two years I had been in the Navy.  He found out that if the Marines wanted me and if the Navy would let me go, the transfer could happen, but also that the chances of that, being this far into the Nuclear program and the Navy, were zero.  I realized that the transfer could have taken place in boot camp when the Navy had almost no money invested in me, but now it would never.  If someone would have helped me out in boot camp, I wouldn’t have had to go through all of this.  I had talked to a psychologist a few weeks earlier had been feeling suicidal for some time now, but she made at clear to me that if I was suicidal, she would have to tell my chain of command, and I didn’t want people thinking I was taking it to get out of the Navy, which they would, even though I wasn’t.  I tried to bring my grades up, but I just couldn’t concentrate anymore.  A few days after I took my half-way point exams, I finally wrote a letter saying I was suicidal.  I was put in the Mental Health unit of the Saratoga Springs, NY hospital. I was diagnosed with severe depression.  I was also taken out of the Nuclear Program and sent to Groton, CT while they decided what to do with me.  I was starting to feel better, but not much.  I decided to talk to a chaplain while I was there.  One told me he was not part of my command and I should talk to the chaplain that was.  I did talk to the chaplain in my command and he said nothing more than anyone else had.  I was sent to Submarine School.  I decided I did not want to be on submarines, because they are small spaces.  Since I generally don’t like the Navy, I was afraid of being in cramped quarters with people I did not get along with I was afraid of getting in fights and then getting into trouble.  You can’t get away from people on a submarine.  I was taken out of Submarine School and received orders to the U.S S Bataan, which I was somewhat happy about, since I would get to work with Marines.  While in Submarine School, I found out I was eligible for some officer programs, age wise, but had only a short time before I turned 27 years old and was disqualified.  What made me mad about this, is that while in Power School and 25 years old, I was told I was already over the age limit.  I found out later that they had lied to me to week out some of the people.  I could have qualified in Power School, and could have ended all at this then.  I could have had my plans come true, but again I was lied to.  With only a few months to enroll and my fate already uncertain, I began to lose hope again.  I did not know what to do.  I only could think of how the Navy was going to screw me over some more. I knew that it would be useless to apply for an officer program now that I had been to the mental health unit.  I got my orders and went to Norfolk, VA.  I had all the intentions of starting over again.  When I got to the base, the first thing I saw was the ghettos off post.  The next thing was the even more lack of discipline and care of almost everyone I encountered.  I went to my car and loaded my pistol and fantasized about killing all those ill-mannered Navy personnel.  I thought that if I stayed in the Navy, I would probably end up in prison.  So at that moment, I decided to leave.  I took the lesser of two evils. I moved to Myrtle Beach, SC and got a job.  I kept thinking that it the Navy came after me, I would cause a shoot-out and then kill myself.  My dad told me to turn myself in, but I told him I would rather die.  I eventually moved to Florida and then back to my hometown in Ohio where I was admitted to the mental health unit.  This time it was Dayton Veteran’s Affairs.  After a few days of being home from the VA, I decided to move back to Myrtle Beach, SC.  I started feeling better about myself, and baa no intention of going back.  I had finally felt good about myself after a couple of years was eventually caught by police in a routine traffic stop two years and nine months after going UA(unauthorized absence) from the Navy. While I was in Norfolk again, this time waiting for my OTH discharge, I was almost in three fights that I did not start.  It’s this type of behavior which is why I wanted out in the first place.  I avoided the confrontations, which was hard to do, but I did it to stay out of trouble.  I feel that I deserve something besides an OTH discharge.  I was told I could fight it, but it would extend my time in Norfolk to possibly six months or more.  I knew that if I stayed there, I would probably end up getting into more trouble, just because of the way Navy people are.  The Navy of today is letting in people that should not be there.  I decided to not fight my OTH discharge at Norfolk, but rather fight it after I got home.  That is what this letter is for.  I may not warrant an honorable discharge, but feel I do not deserve an OTH discharge either.  My time while being UA has been spent working.  I have not gotten into any trouble.  I have condensed this story as much as possible.  There are still many more incidents I have left out, but I feel these are the most important. Some people might say that if this were the old Navy, they’d take me below decks and beat me up until I conformed.  But I feel it this were the old Navy, I would fit in perfectly and there would be no need for it.  Today’s Navy is undisciplined and surely overweight.  Two things that are important for survival in times of war.  I simply do not fit in the Navy and tried to get out.  This is my story and conflict.  I respectfully ask for an upgrade to my DD-214.”

Documentation

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

Applicant’s DD Form 214
Statement from Applicant, undated
Character reference, undated
Character/job reference, undated
Character reference, undated

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	970731 - 970813	COG

Period of Service Under Review:

Date of Enlistment:  970814		Date of Discharge:  020424

Length of Service (years, months, days):

	Active:    04  08  10	Does not exclude lost time
	Inactive:  None

Age at Entry:  24			Years Contracted:  4

Education Level:  12			AFQT:  89

Highest Rate:  MM3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF*		Behavior:  NMF*		OTA:  NMF*

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  969

*No marks found in service record.

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

UNDER OTHER THAN HONORABLE CONDITIONS/IN LIEU OF TRIAL BY COURT MARTIAL, authority:  NAVMILPERSMAN, Article 1910-106 (formerly 3630650).

Chronological Listing of Significant Service Events:

020423:	DD Form 214: Applicant discharged under other than honorable conditions in lieu of trial by court-martial, authority:  NAVMILPERSMAN, Article 1910-106.

Applicant’s separation package missing from service record.
NDRB was unable to obtain Navy medical records.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020423 under other than honorable conditions in lieu of a trial by court-martial (A and B).  In the absence of a discharge package, the Board presumed regularity in the conduct of governmental affairs (C), and after a thorough review of the records, supporting documents, facts, and circumstances unique to this case, found that the discharge was proper and equitable (D and E).

In a signed statement, the Applicant requested an administrative discharge under other than honorable in lieu of a trial by court-martial.  He consulted with counsel and was fully advised of the implications of his request.  The Applicant understood that if discharged under other than honorable conditions, it might deprive him of virtually all veteran’s benefits based upon his current enlistment.  He also understood he might encounter substantial prejudice in civilian life in situations wherein the type of service rendered or the character of discharge received there from may have a bearing.  The Applicant stated he understood the elements of the offenses with which he was charged.  Relief denied.

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.  The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time.  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 29, effective 
11 Jul 2000 until 21 Aug 2002, Article 1910-106 (formerly 3630650), SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL.

B.  A punitive bad conduct discharge may be adjudged for violation of the Uniform Code of Military Justice Article 86 unauthorized absence for a period more than 30 days upon conviction by a Special or General Court-Martial, in accordance with the Manual for Courts-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