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NAVY | DRB | 1999_Navy | ND99-00834
Original file (ND99-00834.rtf) Auto-classification: Denied


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

ex-BUCN, USNR
Docket No. ND99-00834

Applicant’s Request
The application for discharge review, received 990602, 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 a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000317. 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

 To Whom it may concern;

I wish to clear up my discharge so I may return to the military service. In 1988 I was a young man who made a very grievous error by not upholding my military obligation while under many stresses. At the time of my discharge, I was trying to support a diabetic wife and a new born. We were living in Manteca California about 70 miles from San Francisco. We didn’t have a reliable car. We were very poor. Before my financial problems ruined my military record, I tried to get my drilling status changed to inactive. Just until my life was a little calmer. I went to talk to my unit commander. He said there wasn’t anything he could do. The lawyer on Treasure Island said the same thing. Their reasoning was that I was a mandatory drIller. Five years ago I tried to get into the national guard. They lost my paperwork two times. This discharge still bothers me. This will be the third attempt a clearing up my discharge. I would like to join a reserve unit here. The recruiter says I need to have my reserve status discharge changed to honorable to come back in. I have fifteen years experience in the building trades, mainly carpentry, I am offering these skills to the military. I really would like to have a second chance. I am also working on a college degree in construction management. I have been put in positions of leadership many times since 1988. I fully understand what it means to be a good follower.I should have pushed myself harder to endure the hardships of going to the drills. For that I’m extremely regretful. I am hoping that the parties concerned will accept my deepest apologies to the military and upgrade my reserve statue discharge to honorable so I may return to military service.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
(2) Employment references
Excerpts from applicant’s service record (material previously available to the board)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        000000 - 000000  HON
         Inactive: USNR (DEP)     850116 – 850226 COG

 Period of Service Under Review :
Date of Enlistment: 850227               Date of Discharge: 880830

 Length of Service (years, months, days):

         Active: 03 06 03
         Inactive: None

 Age at Entry: 20                          Years Contracted: 8

Education Level: 11                        AFQT: 52

 Highest Rate: BUCN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.40 (4)    Behavior: 3.40 (4)                OTA: 3.40

 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 THE READY RESERVE, authority: NAVMILPERSMAN, Article 3630800.

 Chronological Listing of Significant Service Events :

850116:  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.

850614:  Counseling: Advised of deficiency (Misconduct of a discreditable nature), notified of corrective actions and assistance available. Issued discharge warning.

880830:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of unsatisfactory participation in the Naval Reserve. Not recommended for reenlistment.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 880830 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).

The applicant’s letter states various non decisional issues such as youth, immaturity, marriage, poor counsel, distance to drill site, and a desire to reenter the service. All the applicant’s issues were considered by the NDRB. The Board found, however, the applicant was properly discharged from the Naval Reserves. Relief not warranted.

 The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. The applicant must be aware that 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, may be considered by the NDRB. 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. The Naval Military Personnel Manual, (NAVPERS 15560A), effective 15 Jun 1987 until 13 Dec 1989, 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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