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Docket No. ND99-01256

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

 ex-DN, USN
Docket No. ND99-01256

Applicant’s Request

The application for discharge review, received 990930, 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 001121.  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: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  I joined the US Navy when I was 19 yrs old.  During my early active duty period I made some mistakes: being late to work & disrespecting petty officers.  I made these mistakes because I was new to the service, but I made an adjustment and corrected these mistakes.  The incident that I was discharged from the service was very unfair to me.  The Marine Corp officer (2ndLt) told me to "shut up" and I told the Marine Corp officer, "Sir, Don't tell me to shut up".  For this, I was charged with disrespecting an officer, disobeying order, & drunk and disorderly conduct.  1^st of all I was not drunk.  Just because I had few drinks (2 shots, 2 beers) it does not mean I was drunk.  They have no BAC to prove it.  I mean, if I was a PMO officer I would have taken BAC to prove that someone was drunk.  And I did not disrespect the Marine Corp officer.   During my 5 yrs in the Navy, no officers have told me to shut up.  Not even one so, what gave that Marine Corp 2^nd Lt Officer the right to tell me to shut up?  Since, when "shut up" become a military order or military words?  Respect goes up and down.  If he would have told me to "Be Quiet" I would have said "Yes sir".  During my stay in Okinawa a lot of drunken Marines were causing a lot of serious problems.  I mean it was all marines who have made the headlines in stars and stripes.  I think I got punished harder because I was a sailor, who worked with the Marines.  The Marines wanted to make a big deal out of something minor.  You'll probably think I'm a dirt bag, but I'm not.  I was a very good worker, and I did everything to help my command.  I mean, I made E-4 and I was 3 pts away from making E-5.  If I was a dirt bag would I have made E-4, and 3 pts away from making E-5 within 5 yrs?  Currently, I'm a Biology major student at the University of South Carolina.  I would like to use my GI Bill to pay for my tuitions. So, please up grade my discharge.  I mean, would like to go back to the Navy as a Dentist.  I would like to have another choice to go back to the Navy in the future.  I didn't liked the Green Side, but I loved the Blue Side.  Respectfully,

Documentation

In addition to the service record, 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:   None
	Inactive: USNR (DEP)	930428 - 931130	COG

Period of Service Under Review:

Date of Enlistment:  931201		Date of Discharge:  990106

Length of Service (years, months, days):

	Active:    05  01  06
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 (24 months extension)

Education Level:  12			AFQT:  57/59

Highest Rate:  Unknown

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF			Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SSDR, GCM

Days of Unauthorized Absence:  None

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:

940520:	NJP for violation of UCMJ, Article 91: Willfully disobey lawful order, to wit: to remove his backpack.
	Award: Forfeiture of $100 per month for 1 month, restriction and extra duty for 30 days.  No indication of appeal in the record.
Discharge package is missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 990106 general (under 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).

The applicant’s issue stated the circumstances surrounding his discharge.  The NDRB found this issue non decisional.  Relief is not warranted.

The following is provided for the applicant’s edification.  The NDRB is authorized to consider post-service factors in the re characterization of a discharge.  The applicant must be aware that 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 the civilian life subsequent to leaving the service.  Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question.  Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB.  

The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at personal appearance hearing is highly recommended.

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

The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX:  A6730/A9319/A9207/A9217