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NAVY | DRB | 1999_Navy | ND99-00908
Original file (ND99-00908.rtf) Auto-classification: Denied


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

ex-EOCA, USNR-R
Docket No. ND99-00908

Applicant’s Request
The application for discharge review, received 990629, requested that the characterization of service on the discharge be changed to Honorable or General/under Honorable conditions. The applicant requested a personal appearance hearing before the board in the Washington National Capital Region. The applicant listed the American Legion as his representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000331. 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

 1. (EQUITY ISSUE) This former member opines that his UOTHC discharge is to harsh in light of his immaturity and extenuating personal and family problems he encountered during the time he served.

2. (EQUITY ISSUE) This former member further requests that the Board include provisions of SECNAVINST 5420.174C., enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of his application.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
One page from applicant's service record

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: 871209               Date of Discharge: 900601

 Length of Service (years, months, days):

         Active: 00 04 22
         Inactive: 02 01 01

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 12 1/2                   AFQT: 40

 Highest Rate: EOCA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.50 (2)    Behavior: 3.50 (2)                OTA: 3.60

 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 :

871223:  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.
880217:  Applicant received for active duty for training.

880624:  Applicant released from active duty for training.

880625:  Applicant received for drill pay.

890707:  Applicant transferred.

890708:  Applicant received for active duty for training.

890722:  Applicant released from active duty for training.

890723:  Applicant received for drill pay.

891130:  Record of unsatisfactory naval reserve participation.

900121:  Commanding Officer, Naval Reserve Center Montgomery, AL issued active duty orders for 19 months by certified mail to applicant. Applicant signed receipt for orders on 900126. Receipt received by command on 900130.

900310:  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 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).]
900310:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ, Article 27B, elected to waive all rights.

900329:  Commanding officer notified the applicant of unsatisfactory drill participation via certified letter.

900514:  Commanding officer recommended discharge under Other Than Honorable conditions by reason of unsatisfactory participation in the Ready Reserve. Commanding officer’s comments (verbatim): EOCA (applicant) is unsat in his drill participation and has failed to comply with orders to Extended Active duty. Encl (6) was mailed to member 16 Oct 89. Nomination package was not prepared until Nov 30, 89, giving member more than the required 20 days to make a statement. When no PS 3811 was returned a Sworn Affidavit was prepared and member was contacted to ensure he had received Encl (6). He indicated that he had the Intent to Nominate letter. His statement was not received until 16 Dec. At that time it was investigated by myself and the information in Encl (9) was obtained. Having obtained this information it was determined that EOCA (applicant) could have attended the drills he missed and or at any rate submitted a request for an Equivalent Training drill. After he received Encl (10) he was called several times to ensure he reported on time. The day before he was to report he and his father appeared at the reserve center and requested a delay in reporting. This was accommodated and the report date was delayed by a week. After this EOCA (applicant) still did not report on time. EOCA (applicant) has proven to be an unreliable mobilization asset. Recommend Other than Honorable discharge.

900522:  CNMPC directed the applicant's discharge under Other Than Honorable conditions by reason of unsatisfactory participation in the Naval Reserve due to failure to comply with official extended active duty for training orders.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 900601 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 determined this issue is without merit. The applicant states his discharge was too harsh in light of his immaturity and the extenuating personal and family problems he encountered. The applicant’s age, education level and maturity were of sufficient level for him to enlist in the naval reserve. Immaturity is not an acceptable excuse for violating the UCMJ. Additionally, the applicant provided no evidence that his personal problems were of such a magnitude that they could not be resolved through his chain of command. Relief denied.

In the applicant’s issue 2, the Board determined this issue is without merit. The applicant provided no documentation that he has established a reputation of good character, since his release from military service, which would warrant an upgrade to his discharge, based on post-service clemency. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560A), effective 14 Dec 1989 until 14 Aug 1991, 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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