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

 ex-SR, USN
Docket No. ND05-00161

Applicant’s Request

The application for discharge review was received on 20041020.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record review.  The Applicant did not list any representative on the DD Form 293.  In the acknowledgement letter, the Applicant was informed that he was approaching the 15-year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington D.C. area.  The Applicant did not respond.

Decision

A documentary review was conducted in Washington, D.C. on 20050214.  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 3 to 2 that the character of the discharge shall not change.  The discharge shall remain: BAD CONDUCT/Convicted by special court martial, authority: NAVMILPERSMAN, Article 3640420.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “My life has undergone monumental changes since 1989.  This is one of the many amends I am making in my life.  I do not want to go to my grave with a negative stigma attached to my service time.

To Whom It May Concern:

This narrative is in response to item #6 on the form DD Form 293, why an upgrade or change is requested and justification for the request.  I am humbly requesting that the review board will change my present discharge status to one of honorable for the reasons that are stated in this narrative.  I changed my life immensely since I was discharged from the Navy in 1989, and since that time I have been making consistent attempts towards making amends to damaged relationships in my life.  The brief relationship and experience I had with the Navy has been remarkable and in many ways unforgettable.  It is of the utmost importance that I attempt to mend this relationship.

Becoming apart of the United States Armed Forces had been a childhood dream that I had the opportunity to fulfill.  I was not pleased with the way my tenure ended, but I was grateful for the friendships and experience that I gained.  My path to the Navy was unlike most enlisted men who enter straight from high school.  I grew up as an athlete and attended college for four years on an athletic scholarship.  I was recruited to play football for the Dallas Cowboys, and had hopes of one day playing in the National Football League.  Unfortunately that dream was not fulfilled due to being falsely accused of a college campus incident that discredited my 1985 draft status.  This situation had a devastating impact on my life, which was only the beginning of many horrors that lied ahead.

Due to my college career coming to an abrupt end, I returned home a very despondent individual.  I felt tat I had let my family down, and endured a great deal of shame, embarrassment, humiliation, and hopelessness.  Being that my family was so supportive, I was able to muster up the energy to obtain employment at a temporary agency while trying to become resilient.  During that period of my life, any career move that I made was unfulfilling.  It was extremely hard to become motivated, and accept the reality of what happened to me in college.  The fact of the matter was I was depressed.  I did not know that at that time, but because of my present clinical mental health training I can clearly see that I was depressed at that point in my life.

Growing up in New York City was truly an education and sometimes very difficult, especially with all of the obstacles and distractions that were available.  It was at this point in my life that I succumbed to those distractions and became involved with drugs.  During the 1980’s NYC was saturated with drugs and experiencing a crack epidemic that crippled the nation.  Because of the emotional rollercoaster that I was riding on and being unable to fill a devastating void in my soul, I sought comfort in drugs.  My environment and personal problems were not an excuse to take the easy way out.  My parents raised my brother and I smarter than that, and I knew better to use drugs as an escape.  However, I am fallible and exhibited spontaneous youthful ignorance, and made a bad decision.

Knowing the foundation I was brought up on, using drugs never sat right with me; and I quickly stopped using them and began to take responsibility for myself and actions.  I was at a point where I wanted to do something meaningful, fulfilling, and I wanted to enjoy it.  I used this opportunity to explore a career in the military.  Being that I was not in school, I thought it would be an opportune time to fulfill a long awaited dream and serve in the military, as my father and uncles did.

I enlisted in the United States Navy in 1988 at the age of 24.  I quickly adapted to my environment and was given the privilege to become a Lead Petty Officer in my company during boot camp.  Two weeks prior to my graduation I suffered an injury that required me to move to medical hold.  Because of the risk of the injury reoccurring I was going to be medically discharged.  After learning this news I cried.  I did not want to leave the Navy I wanted to finish what I had started.  This had been the happiest I had been in a very long time, and I could not deal with another tumultuous rejection.  I fought the decision, had several second opinions, begged, pleaded, and my father notified congress in order for me to remain in the Navy.  The irony of it all was that everyone I was housed with in the medical unit wanted to leave the Navy, and I was fighting to stay in.  Finally, after seeing another doctor and proving that I was physically fit I was given medical clearance and allowed to stay in the military.  I was saddened that I could not return to my company, but ecstatic that I was allowed to remain in the Navy.  During Pass and Review listening to Anchors Away, and looking at my family in the bleachers, tears of joy flowed down my face.  I had overcome a monumental amount of adversity, I felt fulfilled, my life was back on track, and it remains one of the proudest moments in my life.

I attended Mess Management “A” school and thrived immediately.  I enjoyed the lifestyle and all of the new relationships I established.  I found a home in the galley, and was at the top of my class.  Because I did so well and exhibited strong leadership abilities I was nominated to become an Instant Petty Officer with the rank of E4 upon graduation from school.  Nonetheless, it seemed that if I did not have bad luck then I wouldn’t have any luck at all.  After dealing with a relationship that went bad I was out with some friends at a party and I reverted to some old behavior.  There was some cocaine that was passed around the room and I used some thinking that it would help to mend my wounds of a relationship that went sour.  Consequently, it turned out that my number was up for a random urinalysis test the next day.  This was just a clear act of ignorance and stupidity on my part that I accept full responsibility for.  After being given the opportunity to remain in the Navy and turn my life around, I threw it all away due to impulsive behavior and youthful ignorance.  The Navy has a zero tolerance policy for drugs; I knew my Naval career was over.  As before I attempted to appeal my outcome and requested to stay in the Navy at Captain’s Mass and court martial, but to no avail.

In spite of what happened I was eventually able to become resilient.  I used my past situations as learning experiences, stopped feeling sorry for myself, and got off of my rear end, and made a conscious decision to do something with my life.  I received help to deal with my drug problem, and became involved in a training course for addiction counselors.  In 1991 I was blessed with a wonderful opportunity to obtain employment with a major treatment program in New York, and they financed my education to become a credentialed alcoholism and substance abuse counselor.  I attended The South Oaks Institute of Alcoholism and Addictive Behavior Studies, and graduated in 1996.  I successfully passed the national credentialing examination and became a Credentialed Alcoholism and Substance Abuse Counselor (CASAC).  After working five years for the program and working my way up to Senior Counselor, I met a wonderful woman and relocated to Maryland in 1998.  I began working for an outpatient mental health clinic as a Clinical Supervisor.  During my time there I returned to college to complete what I had once started.  I earned a bachelors degree in Human and Social Resources from Soujourner-Douglass College in Baltimore, graduating Magna Cum Laude in 2001.  Upon graduating from college I was accepted into the School of Social Work at the University of Maryland, Baltimore for post graduate studies.  I graduated form the School of Social Work with a GPA of 3.89 in May 2004.  I left the outpatient mental health clinic after six wonderful years, and I am presently the Director of Substance Services of a prison based treatment program located inside of the Washington DC Jail.

The wonderful woman that I met accepted my hand in marriage in 1999, I am the step father of her two children, and she blessed me with a child in 2000.  I am an active member in my community, I became a homeowner in 2000, I am a member of my church, I am a tax paying, law abiding citizen, and I have been coaching an outstanding youth football team since 1998.

After losing so much at a young age and experiencing so much, I knew that I would be able to make a positive contribution to society somehow if I cleaned up my act.  Not too long after I was discharged from the Navy, I knew I had to do something soon or I would have wasted my life away.  I made a decision to dedicate my life towards helping others with a history of mental health and substance abuse disorders.  Mental health issues are extremely prevalent in today’s society and I am privileged to be among proud social workers who are trying to make a difference.  I do many speaking engagements in schools, universities, conferences, churches, community centers, and prisons hoping that I can reach at least one person who can benefit from the information that I am giving away.  But every time I speak to a group of young budding ROTC students waiting to complete high school to join the military, it always takes me back to my stint in the Navy.  I do not self-disclose with them, but I am very candid about the personal stressors one can endure when being away from home for the first time, and there is always help available in the event it is needed.

It’s really amazing how fast time goes by it does not seem that my days in the Navy were that long ago.  I do realize that it was some time ago and I am rapidly approaching the expiration period for the upgrading process before undergoing another one.  In retrospect prior to my Naval career and afterwards, I am very happy with my life.  I am at peace with my self, I have a loving family, I have a wonderful career, and I have not only accepted the hurt and pain that I have encountered in my life, I have learned from it.  If I had not went through the experiences that I have gone through then I would not be the man that I am today.  I do not know of many successful people who have not experienced adversity.

In closing, I would like to thank the board for taking the time to read my narrative stating the reasons of why I believe my discharge should be upgraded.  I would also like to formally apologize for displaying such inappropriate behavior while I was in the Navy.  I’m really sorry that I did not finish my military career and I will take that to my grave however, I am truly thankful for the memories, friendships, experiences and the direction my life went into because of what happened to me while in the military.  I hope that you all can find it in your hearts to honor my request of upgrading my discharge status to honorable, and if not I would at least hope that my life record since that time is worthy of a general discharge under honorable conditions.  Thank you.

Sincerely

R_ S_ J_ (Applicant)”

Documentation

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

Applicant’s resume (2 pages)
Certificate of Completion, Training Program for Alcoholism/Chemical Dependency Counseling, dated June 11, 1996
Certificate of Completion, Substance Abuse Specific Seminar
State of New York, Credentialed Alcoholism and Substance Abuse Counselor
Bachelor of Arts Degree in Human and Social resources
Student’s Cumulative Record, dated July 31, 2001 (2 pages)
State of Maryland, Certified Associate Counselor – Alcohol and Drug, dated July 18, 2003
State of Maryland, License of Certified Associate Counselor Alcohol & Drug
Master of Social Work Degree

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	880212 - 880222	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  880223		Date of Discharge:  891025

Length of Service (years, months, days):

	Active:    01  03  17  (Does not include lost time)
	Inactive:  None

Age at Entry:  24			Years Contracted:  4

Education Level:  15			AFQT:  33

Highest Rate:  SN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.0 (1)		Behavior:  2.0 (1)		OTA:  2.0

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  88

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

BAD CONDUCT/Convicted by special court martial, authority: NAVMILPERSMAN, Article 3640420.

Chronological Listing of Significant Service Events:

880621:	NJP for violation of UCMJ, Article 86 (2 specs):  Unauthorized absence from on or about 880615 to 880617 and failure to report to appointed place of duty on 880617.
	Award:  Forfeiture of $100.00 pay per month for 1 month, restriction and extra duty for 10 days.  No indication of appeal in the record.

880621:	Counseling:  Advised of deficiency (Applicant found guilty at OIC NJP of Article 86 2 specs), notified of corrective actions and assistance available.

880825:	NJP for violation of UCMJ, Article 86 (2 specs):  Unauthorized absence from on or about 880718 to 880719 and from on or about 880720 to 880725; violation of UCMJ Article 91:  Failure to obey a lawful order; violation of UCMJ Article 112a:  Wrongful use of a controlled substance (cocaine).
	Award:  Forfeiture of $376.00 pay per month for 2 month, restriction and extra duty for 45 days, reduction to E-2.  No indication of appeal in the record.

880902:	Applicant to unauthorized absence this date.

880904:	Applicant surrendered from unauthorized absence this date (2 days).

880905:	Applicant to unauthorized absence this date.

880913:	Applicant surrendered from unauthorized absence this date (8 days).

880917:	Applicant to unauthorized absence this date.

880921:	Applicant surrendered from unauthorized absence this date (4 days).

880925:	Applicant to unauthorized absence this date.

881202:	Applicant surrendered from unauthorized absence this date (68 days).

890105:	Special Court Martial:
	Charge I:  violation of the UCMJ, Article 86, (4 Specifications).
	Specification 1:  Unauthorized absence 880902 - 880904, [2 days/s.].
	Specification 2:  Unauthorized absence 880905 - 880913, [8 days/S].
	Specification 3:  Unauthorized absence 880917 - 880921, [4 days/S].
	Specification 4:  Unauthorized absence 880925 - 881202, [68 days/S].
	Charge II:  violation of the UCMJ Article 112a.
	Specification 1:  Wrongful use of a controlled substance on 880825.
	Specification 2:  Wrongful use of a controlled substance on 880921.
	Findings:  to all of the Charges and specifications thereunder, guilty.
	Sentence:  to be confined for 60 days, forfeiture of $400.00 pay per month for 2 months(s), reduction to E-1, Bad Conduct discharge.
	CA 890127:  Sentence approved and ordered executed, except for bad conduct discharge.
	SA:  see SSPCMO.

890105:	Joined U.S. Navy Brig, Naval Station San Diego, for confinement.

890124:	From confinement; to appellate leave.

890628:	NMCCMR:  The findings of guilty and sentence, as approved on review, are affirmed.

890717:	Applicant notified he has sixty days form this date to petition U.S. Court of Military Appeals for a grant of review of his special court-martial conviction.

890928:	Appellate Review Complete, sixty days elapsed since and no petition for further review has been received.

891025:	SSPCMO:  Article 71c, UCMJ, having been complied with, Bad Conduct discharge ordered executed.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19891025 with a bad conduct discharge which was the sentence adjudged by a properly convened special court-martial.  That sentence was subsequently approved by both the convening and appellate review authorities (A and (B).  The Board presumed regularity in the conduct of governmental affairs (C).  

Issue 1:  With respect to a discharge adjudged by a court-martial case, the action of the NDRB is restricted to upgrades based on clemency.  Clemency is an act of leniency that reduces the severity of the punishment imposed.  In response to the Applicant’s issue, relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts.  After a thorough review of the Applicant’s record, issues submitted, and post service accomplishments, the Board determined that clemency was not warranted and that the sentence awarded the Applicant at his court-martial was appropriate for the offenses he committed.  The NDRB found the evidence of record did not contain sufficient mitigating or extenuating factors to offset the seriousness of the offenses for which the discharge was awarded.  Relief denied.

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 verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle, and certification of non-involvement with civil authorities.  As of this time, the Applicant has not provided sufficient documentation for the Board to consider.  Relief denied.

The following if provided for the edification of the Applicant.  The NDRB has no authority to provided additional review of this case since Applicant’s discharge occurred more than 15 years ago.  The Applicant may, however, petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning a change in the characterization of naval service, if he desires further review of his case.

Pertinent Regulation/Law (at time of discharge)

A.  The Naval Military Personnel Manual, (NAVPERS 15560A), effective 15 Jun 87 until 13 Dec 89, Article 3640420, DISCHARGE OF ENLISTED PERSONNEL ADJUDGED BY SENTENCE OF COURT‑MARTIAL.

B.  The Manual for courts-martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court martial for violation of the UCMJ, Article 86 - unauthorized absence for more than 30 days and Article 112a - wrongful use of a controlled substance.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

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 “http://Boards.law.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:

		Secretary of the Navy Council of Review Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023