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

ex-ABH3, USN
Docket No. ND03-01250

Applicant’s Request

The application for discharge review was received on 20030717.  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 20040608.  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: GENERAL UNDER HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

Dear Sir or Madam

I, F___ S___, am requesting to be granted a waiver for the RE-4 code I received when I got separated from the NAVY.

In 1992 with the hope to complete my education in computer science through VA benefit I decided to joint the NAVY. My first four years of duty was U.S.S Independence CV-62 which was home ported in Yokosuka, Japan. I get along very well with my fellow shipmates, work hard, and in the sea during my off time I spent a lot of time pursuing my education goal through distance classes that the ship offered. Along with these accomplishments I also gained a very destructive habit. When I’m not in the ship I enjoy drinking heavily, and finally one day I got to face the consequence of my drinking habit in captain mast. I was sent to alcohol rehabilitation class in Yokusuka Base. After this experience I tried hard no to go back to drinking, I met my future wife Alma, who helped me a lot in my battle against the booze not to long after that.

At the end of my four year contract I still could not completed all my classes for the degree that I wanted, due to not being able to get the upper level classes. I then decided to extend my tour of duty for another two years to NALF San Clemente, which was the closest duty station to San Diego where I decided to complete my schooling.

In 1996, just before 1 left Japan. Alma (who is still my girlfriend at that time) got a chickenpox. With promise to meet again in the Philippines for our wedding we parted, I left for my next duty station, and she stayed behind in Japan for another four months to fulfill the duration of her job contract. Not too long after I arrived in San Diego we found out that Alma was pregnant, but three months after, she called again with a bad news, she had a miscarriage. The doctor said that the chickenpox was poisoning her womb. I felt so guilty for leaving her behind. To drive myself away from sadness and disappointment, I kept my self busy, work hard, and in no time I got accepted to one of the university in town.

In January 1997 I took two weeks leave to marry Alma. I went back to Japan to pick her up, and then together we went and get married in the Philippines. Right away after the wedding I began to start the process of her visa, and traveling status. It was a sad moment to find out that I had to leave her behind again since the paperwork process take awhile to complete. In April 1997, again bad new arrived, my wife had a miscarriage for the second time! This time almost cost us my wife life since she had lost so much blood. The doctors in the Philippines informed me that my wife womb was still not ready to bare a child because of her first miscarriage. It was devastating for the both of us. I promise myself to do everything within me to accelerate the process of her visa. I called I.N.S. and the U.S. Embassy in the Philippines almost every two weeks to follow up on her paperwork, seek advice from NAVY consular as well as consulting with private immigration lawyer. My wife on the other hand change a lot, she was so devastated. Within the next Two months after her operation she lost a lot of weight (on June that year I received a picture of her, she was about 95 pounds, very thin) I felt really bad, not sure anymore what to do, these long and heavy trial of life has really exhausted the both of us.
Sometimes in October 1997 I arrived in NASNI airport after my four days duty from San Clemente Island with one desire in my mind, to rest, relax and forget about everything else. I did not feel to go home right away that day; instead I went to my good shipmate house AIBH3 Shade Scott. I knew that there will be beers in Scott’s house, but at that time I really did not care. All I want to do is to sit down with someone I trust and share my life story. And that exactly what I did. I sit and drunk a lot of beers with him until late evening. ABH3 C___ T___ was also present in Scott’s house that evening. She asked me if she could borrow my car so she could get her uniform from the ship. I usually never let anyone drive my car, but that evening I was already drunk and could not drive myself, so I told her that she could drive my car but I have to come with her. So we left Scott’s house and went back to NASNI base. Inside the base while she when to the ship (U.S.S John F. Kennedy if I not mistaken) I was left alone in the car waiting. Then the incident happen, I did not know how long I have been waiting, but I felt bored so I decided to move the car closer to the ship, when I drove my car to the front row of parking space closer to the ship. I got stop by the base police, needless to say they apprehend me and impound my car.

The next day I was sent to the holding barracks, I knew that things will get worse from then on, I called my poor wife and explain what happen, my hard bleed when I heard her cry. I spent the next two months in holding barracks. And finally was sent to the alcohol rehabilitation NAVY hospital in Point Loma base for another two months before I was separated in January 211998. I truly regret my neglected action. 1ff could go back in time I would just go straight home, or just let ABH Turner drove my car alone.

After released from the NAVY, I had to stop schooling. My wife and I were finally united in San Diego. We both had to work double jobs, since our saving was totally depleted. In 2001 my wife Alma again had another miscarriage; this time the doctor told us her womb is damaged from too much antibiotic given by the doctors in the Philippines. Is sad but this time we both realize that this probably is God’s will. So we decided to adopt a baby, our name is now in the list of eligible couple to adopt an infant. The process might take two to three years. So by the end of this year or early next year my wife and I are expecting the newest S___ member in our house.

Today I am a valuable part of San Diego community. I’m working as a software developer for Archaio LLC in Miramar for the last three years. in November 2002, I finally earned my Bachelor of Science, major in computer science, and minor in mathematics. I am older, and more mature, and ready to raise a child. I have become more responsible and learned much from my past experiences. My hope now is to be able to set a good example in life for my children. I thank you for your time and efforts in processing my request, and fully respect your decision.

Documentation

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

Reference Letter from Applicant’s Wife (2 pages)
Reference Letter from Applicant’s Brother in Law 

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	910531 - 920309	COG
	Active:   USN 			920309 - 960308	HON

Period of Service Under Review:

Date of Enlistment:  960309		Date of Discharge:  980121

Length of Service (years, months, days):

	Active:    01  10  12
	Inactive:  None

Age at Entry:  29			Years Contracted:  2

Education Level:  12			AFQT:  66

Highest Rate:  ABH3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMA*	Behavior:  NMA		OTA:  NMA

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, MUC, SSDR, SASM

Days of Unauthorized Absence:  None

*No Marks Available for Review

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

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

Chronological Listing of Significant Service Events:

960309:	Reenlisted on board USS INDEPENDENCE (CV-62) for 2 years.

NO DISCHARGE PACKAGE AVAILABLE.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19980121 with a general under honorable conditions for misconduct due to commission of a serious offense (A).  In the absence of a discharge package, the Board presumed regularity in the conduct of governmental affairs (B) 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 (C and D).

Issue 1.  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.  An unfavorable “RE” code is, in itself, not a bar to reenlistment.  A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

Characterization of service as general (under honorable conditions) 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.  An upgrade to honorable would be inappropriate.  Relief is therefore 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 additional documentation to support any claims of post-service accomplishments or any other evidence relating 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 18, effective 
12 Dec 97 until 29 March 2000, 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