Author: CAP
Last saved by: Department of the Navy
Company: NCPB

Docket No. ND01-00292

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

ex-SA, USNR
Docket No. ND01-00292

Applicant’s Request

The application for discharge review, received 010116, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a personal appearance hearing before a Traveling Panel closest to Jacksonville, FL.  The applicant did not designate a representative on the DD Form 293.  In the acknowledgement letter to the applicant, she was informed that the Naval Discharge Review Board (NDRB) does not travel, all hearings are held in the Washington, DC area.  The NDRB also advised that the Board first conducts a documentary review prior to any personal appearance.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010710.  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/UNSATISFACTORY PARTICIPATION IN THE READY RESERVE, authority: NAVMILPERSMAN, Article 3630800.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  I would like the Board to consider upgrading my discharge based upon my honorable service during Operation Desert Storm and my subsequent achievements following discharge. After discharge I have taken advantage of many educational opportunities presented to me.  I pursued an Associates degree with FCCJ and received an award naming me Who's Who among students in American Junior Colleges.  Following my Associates I was awarded an Academic Scholarship by Florida State University.  I graduated Magna Cum Laude, this past December.  I am pursing opportunities with the Federal Emergency Management Agency and I am afraid that my discharge will be an obstacle in my employment.  Please review my discharge and consider an upgrade.

Documentation

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

Applicant's ltr to the Board dtd 6 Feb 2001
Applicant's Resume
Florida State University Letter of Recommendation from D_ S. M_, dtd Dec 8, 2000
Florida State University Letter of Recommendation from J_ D. D_, dtd Dec 6, 2000
Florida Community College, Jacksonville Letter of Recommendation from J_ V_ R_, Professor of Mathematics, dtd Apr 13, 1999 to the Scholarship Committee
Florida Community College, Jacksonville Letter of Recommendation from R_ R. C_, Professor, dtd Apr 9, 1999 to the Scholarship Committee
Florida Community College, Jacksonville Letter of Recommendation from F_ C. R_, Ph.D, Professor of English, dtd Apr 8, 1999 to the Scholarship Committee
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:    None
	Inactive:  None

Period of Service Under Review:

Date of Enlistment:  891228		Date of Discharge:  930712

Length of Service (years, months, days):

	Active:    00  07  09
	Inactive:  02  11  06

Age at Entry:  18			Years Contracted:  8

Education Level:  12½			AFQT:  87

Highest Rate:  SA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.1 (2)	Behavior:  3.1 (2)		OTA:  3.2

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM 

Days of Unauthorized Absence:  None 

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

UNDER OTHER THAN HONORABLE CONDITIONS/UNSATISFACTORY PARTICIPATION IN THE READY RESERVE, authority:  NAVMILPERSMAN, Article 3630800.

Chronological Listing of Significant Service Events:

891228:	Enlistment contract into the USNR documents acknowledgement of the requirement to participate in 48 scheduled drills and not less than 14 days of annual training per year for 6 years upon completion of initial active duty training.

900305:	Commenced Initial Active Duty for Training (IADT) under the Sea & Air Mariner Program.

900614:	Released from IADT having completed 3 months 10 days, service for period characterized as honorable.

900714:	Again, acknowledged the drilling requirements of the Selected Naval Reserve Program.

910212:	Involuntarily recall to active duty under the Presidential Authority Title 10, USC 673b.

910610:	Released from active duty and transferred to Naval Reserve, having completed 3 months 29 days of active duty, service for period characterized as honorable.

930110:	Letter of intent to administratively separate under other than honorable conditions for the failure to participate in reserve training was sent via certified mail, return receipt requested.  Applicant receipted for letter by return signature. 

930204:	Applicant advised of her rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

930515:	Applicant signed Privacy Act Statement.

930515:	An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had been an unsatisfactory participant in the Ready Reserve, warrants separation, and recommended discharge under other than honorable conditions.

930623:	Commanding officer, agreeing with the Administrative Board, recommended discharge under other than honorable conditions by reason of unsatisfactory performance in the ready reserve following 12 days Active Duty Training 02 August 1992.

930712:	BUPERS directed the applicant's discharge under other than honorable conditions by reason of unsatisfactory participation in the Ready Reserve as evidenced by failure to maintain satisfactory drill participation.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 930712 under other than honorable conditions for unsatisfactory participation in the Ready Reserve (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).

In response to the applicant’s issue 1, the Board has no obligation to change the applicant’s discharge in order to allow her to obtain better employment.  The Board found that the applicant failed to maintain satisfactory drill participation by missing repeated drills.  The applicant was afforded her rights and due process at an Administrative Discharge Board on 930515.  The Board found that the discharge was both proper and equitable.  No relief will be granted based on this issue. 

Additionally, the applicant requested consideration of an upgrade to discharge based on her post service achievements.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (B, Part IV).  However, 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, is considered.  The applicant provided her resume and five letters of recommendation as documentation of her post-service.  The applicant's efforts need to be more encompassing than those provided.  The applicant should have produced evidence of a verifiable employment record, documentation of extensive community service, certification of non-involvement with civil authorities and proof of her not using drugs in order for consideration for clemency based on post-service conduct.  At this time the applicant has not provided sufficient documentation of good character and conduct.  Therefore no relief will be granted.  She is encouraged to continue with her pursuits and is reminded that she is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Relief denied.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 04 Mar 93, Article 3630800, SEPARATION OF ENLISTED PERSONNEL BY REASON OF UNSATISFACTORY PARTICIPATION IN THE READY RESERVE.

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 “afls10.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:  A8400/A9207/A9221