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

ex-SA, USN
Docket No. ND00-00562

Applicant’s Request

The application for discharge review, received 000403, 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 010111.  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: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630605.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  I was discharged from the navy while I was serving on the USS BOONE (FFG-28) during my time in the navy I was serving with a lot of pride and honor in be able to be part of the defense of our great nation.  I hurt my back while on maneuvers at sea and I seek medical help on the ship.  My immediately change of command did not want to help me with my back problems.  My back condition was and still so severe that I can hardly function.  This back condition, created great limitation on my person and my duties as a sailor.  I went to the change of command, however they did not care about me and their only concern was their self, and they decided to get me out of the navy without even counseling me on my appeal rights or my options as a sailor; ie, medical treatment, reclassification or perhaps just counseling, but I was used and abused by my change of command and I feel I did not received a fair treatment, when I just only wanted to more a career of the service, and served with honor, courage and pride.  Lastly with the above information is that I'm kindly requesting an upgrade of my discharge so I can be able to obtain the adequate medical treatment from the VA as a proud and honorable servicemen know called a vet.  Your most kind consideration with this request is greatly appreciated.

Documentation

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

Copy of DD Form 214
Letter from Applicant

PART II - SUMMARY OF SERVICE

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

	Active:   USN			None
	Inactive: USNR (DEP)	960319 - 960327	COG

Period of Service Under Review:

Date of Enlistment:  960328		Date of Discharge:  970123

Length of Service (years, months, days):

	Active:    00  09  26
	Inactive:  None

Age at Entry:  29			Years Contracted:  4 (12 months extension)

Education Level:  14			AFQT:  48

Highest Rate:  SA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  1.00 (1)	Behavior:  1.00 (1)		OTA:  1.33

Military Decorations:  None

Unit/Campaign/Service Awards:  None 

Days of Unauthorized Absence:  None 

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630605.

Chronological Listing of Significant Service Events:

961101:	NJP for violation of UCMJ, Article 86: UA.
	Award:  Restriction for 30 days.  No indication of appeal in the record 

961217:	NJP for violation of UCMJ, Article 86: UA.
	Award:  Restriction and extra duty for 30 days.  No indication of appeal in the record. 
970115:	NJP for violation of UCMJ, Article [NO ARTICLE SPECIFIED]
Award:  Restriction for 30 days.  No indication of appeal in the record. 

Discharge package missing.
________________________________________________________________________

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970123 under other than 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).

Although the applicant’s discharge package was missing, the Board assumed regularity in the discharge proceedings

The applicant introduced no decisional issues for consideration by the Board.

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 14, effective 
03 Oct 96 until 971212, Article 3630605, SEPARATION OF ENLISTED PERSONNEL 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