Title: DEPARTMENT OF THE NAVY
Author: CAP
Last saved by: joyce.meeks
Company: NCPB

Docket No. ND06-01004

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

ex-QMSN, USN
ND06-01004

Current Discharge and Applicant’s Request:

Application Received:  				20060728     
Narrative Reason for Separation:			 in the ready reserves
Character of Service:				
Discharge Authority:				NOT FOUND IN RECORD
Last Duty Assignment/Command at Discharge:	Naval and marine Corps reserve center, norfolk

Applicant’s Request:
	Narrative Reason change to: 		none requested
	Characterization change to:		
	Review Requested:			
Representation:  					 designated

Decision:

Date of Decision:					20070608
Location of Board:				Washington D.C.
Complete Service Record:				
Complete Medical Record:			
Complete Discharge Package:			

Regarding propriety, the Board found the discharge:	
Regarding equity, the Board found the discharge:	

By a vote of  the Characterization shall  .	
By a vote of  the Narrative Reason shall  .

Summary of Service:

Prior Service:
Inactive: USNR (DEP)				NONE
Active:        		               		NONE
Period of Service Under Review:
Date of Enlistment:  				20030723
Years Contracted:  				;        
Date of Discharge:				20041026
Length of Service:				01  Yrs  03  Mos  03  Days

Does not exclude lost time, if any.

Time Lost During This Period:			      
			
Education Level:  				
Age at this Enlistment:  				
AFQT:  						43
Highest Rate/Rank:				QMSN

Performance Evaluation Averages (number of marks):
Performance/Behavior/OTA:			NOT FOUND IN RECORD
	
Awards and Decorations (as listed on the DD Form 214): NOT APPLICABLE

Service Record Entries Related to Characterization of Service or Narrative Reason for Separation

20030723:	Applicant enlisted into the USNR for 8 years. 

20030723:	Applicant acknowledged and signed NAVPERS 1070/613 requiring a minimum of 85% participation in assigned drills during any twelve (12) month period to maintain satisfactory drill participation.

20040525:	NMCRC Norfolk issued AT orders for the Applicant. 

20040711:	NMCRC Norfolk cancelled AT orders for the Applicant.  Member failed to complete non-prior accession course within the required time frame.

20040825:	Applicant’s request for 12 month IADT waiver disapproved.  NRAC Coordinator recommended that Applicant be administratively separated based on unsatisfactory drill participation and failure to meet IADT requirements.  

Medical Record Entries Related to Characterization of Service or Narrative Reason for Separation

None.

Elements of Discharge:  [INVOLUNTARY]

Discharge Process:				NOTIFICATION PROCEDURE
Date Notified:					20040922 (BY CERTIFIED MAIL)
Narrative Reason(s):				UNSATISFACTORY PARTICIPATION IN the READY RESERVE
Least Favorable Characterization:			
Record Supports Narrative Reason:			PRESUMED

Date Applicant Responded to Notification:		FAILED TO RESPOND
Rights Elected at Notification:
Consult with Counsel			CONSIDERED WAIVED 
Administrative Board			NOT APPLICABLE
Obtain Copies	  			CONSIDERED WAIVED
Submit Statement(s)			CONSIDERED WAIVED
GCMCA Review				CONSIDERED WAIVED
						
Recommendation of Commanding Officer (date):	NOT APPLICABLE
Separation Authority:			               COMMANDING OFFICER, NMCRC NORFOLK 
Narrative reason directed:				 in THE ready reserve
Characterization directed:				 (UNDER HONORABLE CONDITIONS) 
Date Applicant Discharged:	     		20041026 

Additional Information Considered by Board

Type of documentation submitted by the Applicant and considered by the Board
       
       	Document Type					#Pages
       Related to Period of Service:
	Service/Medical Record:				6
	Other Period of Service:				0
       Related to Post-Service Period:
	Community Service:				0
	Education:					0
	Employment:					0
	Health/Medical:					0
	Character Statements:				0
	Criminal Records Checks:				0
	Additional Statements from Applicant:		0
        Other Documentation	 (Describe Below)		0

        Total Number of Pages:				6

       Description of Other Documentation: NONE

Applicant’s Issues as Summarized by the Board:

The Applicant submitted 2 issues.  

1.  Re-enter military service
2.  Improperly informed about drill procedures

Issue 1:  The Board determined that  which can form the basis of relief for the Applicant or that the Board did not have the authority to grant the relief for which the Applicant petitioned.  The Applicant is directed to the Addendum regarding .  

Decisional Issues:

Issue 2: (Propriety).  Improperly informed about drill procedures.  Applicant states had she been accurately and completely informed of waiver procedures and mandatory attendance of drill weekends, she could have avoided a disastrous discharge.
The government enjoys a presumption of regularity in the conduct of its affairs.  The Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support her issue.  There is no evidence in the record, nor has the Applicant produced any evidence, to support the contention that she was not given accurate and complete
information about training  waiver procedures and mandatory attendance of drill weekends.  The Applicant’s statements alone do not overcome the government’s presumption of regularity in this case.  Relief is denied.
 
In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant.  After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Medical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge proper and equitable.

Pertinent Regulation/Law

A.  The Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 Aug 2002 until 4 Aug 2005, MILPERSMAN Article 1910-158 (formerly 3630800), SEPARATION BY REASON OF UNSATISFACTORY PARTICIPATION IN THE READY RESERVE

B.   Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs, Part V, Para 502, Propriety and Para 503, Equity.

ADDENDUM:  Information for the Applicant

Complaint Procedures:  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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction.  You should read Enclosure (5) of the Instruction 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 Instruction 1332.28 and other Decisional Documents by going online at “http://Boards.law.af.mil.”

Additional Reviews:  Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years from the date of discharge.  The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this discharge.  Representation at a personal appearance hearing is recommended but not required.  If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

Service Benefits:  The Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board.  There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

Employment/Educational Opportunities:  The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities.  Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.  

Reenlistment/RE-code:  Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.  Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.  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.

Medical Conditions and Misconduct:  DoD disability regulations do not preclude a disciplinary separation.  Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons.  Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended.  The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings.  If the action includes either a punitive or administrative discharge for misconduct, the medical board report is filed in the member’s terminated health record.  Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD.”  Only the Board for Correction of Naval Records can grant this type of narrative reason change.  

Automatic Upgrades - 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 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 may be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.  

Issues Concerning Bad-Conduct Discharges (BCD) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief.  With respect to a discharge adjudged by a court-martial, 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.  

Board Membership:  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