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NAVY | DRB | 1999_Navy | ND99-00591
Original file (ND99-00591.rtf) Auto-classification: Denied


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

ex-BUCA, USNR
Docket No. ND99-00591

Applicant’s Request
The application for discharge review, received 990324, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000121. 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 NAVAL RESERVE authority: NAVMILPERSMAN, Article 3630800.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. In October 1985, I had just turned seventeen years old and was on the verge of being expelled from high school. With my Mother's permission, I joined the Navy Reserve. I completed basic training, and then Seabee School in Gulfport. In May 1996, I received an honorable discharge from active duty and high marks for military bearing. I then was transferred to reserve status in San Jose, and a short time later was promoted to Construction Assistant. But then I made a serious mistake in failing to attend the minimum number of drills, and for that reason was discharged (other than honorable). Since that time I have never been in any trouble with the law. Nothing. I graduated from college, and finished law school with distinction. As an attorney, this single black mark on my past record seems excessive given my youth at the time, my otherwise admirable service record, and current good citizenship.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
State Bar of California (Office of Admissions) dated Jul 10, 1998
Santa Clara University School of Law transcript (Fall 1993)

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: 851109               Date of Discharge: 880519

 Length of Service (years, months, days):

         Active: 00 05 27
         Inactive: 02 00 13

 Age at Entry: 17                          Years Contracted: 8

 Education Level: 11                        AFQT: 90

 Highest Rate: BUCA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF    OTA: NMF

 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/UNSATISFACTORY PARTICIPATION IN NAVAL RESERVE, authority: NAVMILPERSMAN, Article 3630800.

 Chronological Listing of Significant Service Events :

851120:  Commenced active duty for training under the Sea and Air Mariner (SAM) Program.

860516:  Released from active duty for training, received characterization of
         service as "honorable".

870701:  Record of Naval Reserve Service (NAVPERS 1070/611) reveals no drill points since 30 June 87.

880519:  Discharged under Other Than Honorable Conditions by reason of unsatisfactory participation in the Naval Reserve.

[NOTE: No discharge package in service record.]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 880519 under other than honorable conditions due to unsatisfactory participation in Naval 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 the applicant’s issue 1, the Board found that the applicant did not participate in his required drills and therefore fulfill his Reserve commitment. No relief will be granted on the basis of this issue.

The applicant is strongly encouraged to attend a personal appearance hearing provided the application is received within 15-years from the date of discharge. Although
there is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, Law school diploma, Certification into the State Bar, additional degrees), a verifiable employment record (Letter(s) of Recommendation from boss(es)), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct. At this time, the applicant has only provided a transcript and a letter concerning the determination of his moral character. Therefore no relief will be granted.

 Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560A), effective 15 Jun 1987, 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 obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809

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
                  Washington Navy Yard
                  720 Kennon Street SE Rm 309
                  Washington, D.C. 20374-5023     


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