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NAVY | DRB | 1999_Navy | ND99-00643
Original file (ND99-00643.rtf) Auto-classification: Denied


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

ex-UTCA, USNR
Docket No. ND99-00643

Applicant’s Request
The application for discharge review, received 990413, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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 000306. 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 3 to 2 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 need my OTH upgraded to a General so I can enlist full time in the Navy.

 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 dtd 8 Apr 99
 Letter from Floyd Private Industry Council, dtd 5 Apr 99

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: 880630               Date of Discharge: 921022

 Length of Service (years, months, days):

         Active: 00 08 15
         Inactive: 03 08 08

 Age at Entry: 17                          Years Contracted: 8

 Education Level: 9                         AFQT: 56

 Highest Rate: UTCA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.46 (3)    Behavior: 3.06 (3)                OTA: 2.89

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSR, OSR, M-16 Marksman Ribbon

 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 :

880630:  Enlistment contract into the SAM program and acknowledgement of the requirement to participate in 48 scheduled drills and not less than 14 days of annual training per year for 8 years upon completion of initial active duty training.
920713:  Issued orders for Active Duty Training (ADT) for 12 days. Applicant failed to report for active duty training.
920902:  Commanding officer notified the applicant of unsatisfactory drill participation via certified letter.

920904:  Letter of intent to administratively separate under other than honorable conditions for the failure to participate in reserve training and failure to execute extended active duty orders was sent via certified mail, return receipt requested. Applicant receipted for letter by return signature but failed to acknowledge the contents. [The failure to acknowledge official certified mail or is undeliverable to the member's last known address or the next of kin, the separation process shall continue (MILPERSMAN 36402000).]
921013:  Commanding officer recommended discharge under other than honorable conditions by reason of Unsatisfactory Participation in the Ready Reserve due to failure to report for 12 days of additional annual training on 17 Aug 92.

921022:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of Unsatisfactory Participation in the Ready Reserve due to failure to report for 12 days of additional annual training on 17 Aug 92.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 921022 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 the applicant’s issue 1, the Board has no obligation to change the applicant’s discharge in order to allow him to reenlist in the Navy. The applicant failed to report for his 12 days active duty training. The Commanding Officer has the authority to make a recommendation concerning separation to the Chief of Naval Personnel. The applicant had missed a significant number of drill periods in addition to reporting for his Active Duty Training. This was taken into account with the applicant’s service record to determine the characterization of the discharge. The Board will not grant relief on the basis of this issue.

 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 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, DC 20374-5023       


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