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

 ex-HN, USN 
Docket No. ND03-01053

Applicant’s Request

The application for discharge review was received on 20030530.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions.  The Applicant requests a documentary record 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 20040423.  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.  “I am submitting this to you because I feel my overall performance while in the navy was outstanding.  I served onboard USS ENTERPRISE for 4 years-received many campaign awards-including desert fox.  I served w/pride and was a 4.0 sailor.  I then re-enlisted to take advantage of my shore rotation at N.A.S Fallon, NV.  I was stationed at the branch medical clinic.  I had longer work hours & duty every other day.  The 2 chiefs @ the clinic were not happy an E-4 HM had their ESWS qualification and 12 ribbons to boot.  They told us of life in the fleet.  Having been there myself, I tended to disagree.  At this point I requested an transfer-to no avail.  My family then split up-my mother & father getting divorce after 17 years.  My father did not take it so well and began losing his business & getting into trouble.  I requested leave-leave I had earned-denied again.  I requested to terminate shore duty-denied yet again.  I watched a corpsman kill himself, and 2 other make attempts on their own lives.  In addition, I watched career sailors w/12-15 years already in–decided it wasn’t worth it if they had to stay there.  I made an error in judgement.  I felt that Lemoore the parent command should begin to wonder what is going on w/suicide attempts and some of the worst retention rates in the navy!-I felt somebody should be doing something!!  I had 5 yrs service at that point-all operational-but nobody was listening, except for the civilian working @ the base.  I heard a urinalysis was coming from security–I decided to smoke pot.-I took the test and obviously failed it.  Now, why would I do that?-I did it because my head chief sat w/me-in his office.  I expressed my concerns–he told me my problems were not his-“If you don’t like it, smoke a joint-you’ll be out in 30 days”.  I thought about this and was disgusted-but, hopeless.  When I tested positive, my chief came to me & said–“Got you now asshole”.  I was sent to Lemoore Naval Hospital (our parent command) under the impression that I was there for 30 days of processing.  I went before a Chief’s board and told them everything.  They offered me “the 2nd chance program” due to my impeccable service record, honesty & being brave enough to tell them.  The only catch was, I had to stay in Fallon.  I could not do that-the chiefs would hunt me down incessantly.  They were listening to my phone calls, insinuating I was having an adultress relationship, and told everyone in the clinic to stay away-I was trouble.  Well I did not have one enemy in that clinic, save the chiefs.  I was always eager to help, to teach new staff- I was also making the chief mad because I was billeted to the clinic, however, the doctors working for top gun “borrowed” me-so, I began to do more work for top gun’s pilots & Dr D___(LCDR) & Dr B____( CDR).  All the while, my family back in Connecticut was suffering terribly.  I went to XO’s mast-he told me I would be there for the next 90 days-the final straw in my sanity.  I left XO mast, packed my gear & walked out the front door.  I went home, got my father’s business fixed, wrote letters to my Senators & Representatives.  They were appalled at the story I had to tell, but could not help until I was back in military custody.  I was picked up-as everyone always is-spent 30 days in a county jail like a criminal; waiting for a pickup-I was picked up – flown to Norfolk and received an OTH 30 days later.  I told my counselors in the brig my story-they told me to go through the motions and submit this appeal.  I ask you, please, look at my records-4.0-5.0’s all the way –an HM who achieved ESWS as an E-4 and helped the rest of the HM’s get theirs too!  I loved serving my country- 2 cruises & too many stories to recount!  I am not making excuses for what I did- I was wrong.  However, under the circumstances, I don’t believe my head was as clear as it could be.  I felt alone & helpless.  My chain of command turned a blind eye on obvious problems existing at this station.  I ask that you look at the condition of my career-I believe you will find to be excellent.  Then, why, all these “problems” at a shore billet-it is suppose to be your break/your “reward” for the service in your operational billet!  I think you will find it just doesn’t add-up.  So, I respectfully request you take all of this into consideration when making a decision.  I ask that you find my service  to be at least worthy of a general/under honorable if not an honorable.  I am available to submit whatever I have to, answer any questions I have to-do whatever it takes to clear my name.  I apologize for what I did, I just didn’t know where else to turn.-I used my chain –to no avail.  I watched as my friend took his life & 2 others tried.  I watched people w/12-15 yrs-give it all up to get out of that command-it’s a shame to lose so many good people-Thank you in advance for your time and consideration in this matter.”

Respectfully Yours,

E_ W_

“My life now: I currently am married w/3 beautiful girls.  I am a sales manager for a nationwide company.  I am still trying to repay debts I have incurred over the years-but-slowly and surely.  And, no, I have never touched a single illegal substance before or after this incident.” 

Thank you,

E_ W_

Documentation

In addition to the service record, NO DISCHARGE PACKAGE AVAILABLE, the following additional documentation, submitted by the Applicant, was considered:

Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:   USN			940713 – 990321	HON
	Inactive: USNR (DEP)	930827 - 940712	COG

Period of Service Under Review:

Date of Enlistment:  990322		Date of Discharge:  011129

Length of Service (years, months, days):

	Active:    02  08  07
	Inactive:  None

Age at Entry:  22			Years Contracted:  4 

Education Level:  12			AFQT:  92

Highest Rate:  HM3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMA*	Behavior:  NMA		OTA:  NMA

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SSDR(2), AFSM(2), AFEM(2), FLOC, NM(2), GCM

Days of Unauthorized Absence:  (Approximately 288 days/A) 

*No Marks Available for review 

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:

990322:	Reenlisted on board USS ENTERPRISE (CVN-65) for 4 years.

001006:	To UA.

010724:	From UA (Approximately 288 days/A) [Extracted from DD Form 214]. 

NO DISCHARGE PACKAGE AVAILABLE.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20011129 under other than honorable conditions in lieu of a trial by court-martial (A and B).  In the absence of a complete 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).

Issue 1.  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 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 evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions.  An upgrade to honorable would be inappropriate.  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.  Relief denied.

The following is provided for the edification of the applicant.  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 naval service.  The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review.  Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities.  

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