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NAVY | DRB | 2002_Navy | ND02-00447
Original file (ND02-00447.rtf) Auto-classification: Denied


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

ex-SKSN, USNR
Docket No. ND02-00447

Applicant’s Request
The application for discharge review, received 020226, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant listed the American Legion as representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 021104. 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, as submitted

 1. My enlistment consisted of three years active and three years active reserves. I completed 3 yrs active at Groton CT. and started reserves with a Seabee unit in Mt. Clemens MI. According to my file, it states that I did not complete a 29 day active enlistment. I was flown to Pearl Harbor, HI to pick up a supply ship and travel back to San Francisco. However, the ship was not there so I was placed in the bases supply department. According to my file - I was never there, but my unit paid for the airline tickets and I was paid twice while in Hawaii. I don't understand why this happened, but I would like "other than honorable" to "Honorable".

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
 Letter from the American Legion

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: 860814               Date of Discharge: 920527

 Length of Service (years, months, days):

         Active: 03 00 00
         Inactive: 02 09 13

 Age at Entry: 17                          Years Contracted: 8

 Education Level: 12                        AFQT: 53

 Highest Rate: SK3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.67 (3)    Behavior: 3.65 (4)                OTA: 3.80

 Military Decorations: None

 Unit/Campaign/Service Awards: NEA

 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 :

860814:  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.
860910:  Applicant ordered to active duty for 36 months under the Active Mariner Program.
890608:  NJP for violation of UCMJ, Article 134: Wrongfully and falsely alter by gluing SA's military identification card to the back of his own military identification card.
         Award: Forfeiture of 1/2 months pay per month for 1 month, reduction to SKSN. Punishment suspended for 6 months. No indication of appeal in the record.
890909:  Applicant released from active duty and transferred to reserves.

900722:  Commanding officer notified applicant of intent to nominate for involuntary recall to additional AT duty for failure to maintain satisfactory participation as a member of the Selected Reserve. You are unsatisfactory in your participation because your accrued unexcused absence from drills on 10/22 February 1990 (4 drills), 22 April 1990 (1 drill) and 9/10 June 1990 (4 drills).

901017:  CO, RNMCB 26 DET 0526 recommended to Commander, Naval Reserve Readiness Command Region 13 that Applicant be recommended for additional active training duty due to unsatisfactory participation as a member of the Selected Reserve.

901116:  Commander, Naval Reserve Readiness Command Region 13 approved Applicant nomination for involuntary recall to additional active training duty for 29 days.

920401:  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
920401:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

920516:  Commanding officer recommended discharge under other than honorable conditions by reason of unsatisfactory participation in the ready reserve due to failure to report for 29 days special active duty for training on 22 February 1991. Commanding officer’s comments (verbatim): Member was ordered to 29 days Special Active Duty for Training as evidenced in enclosure (5) and failed to report. Member has exhibited a pattern of unsatisfactory participation and in the opinion of this commanding officer has no potential for further useful naval service. Recommend separation under Other Than Honorable Conditions.

920527:  Deputy, Chief of Naval Personnel 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 29 days of additional annual training on 22 February 1991.


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW


Discussion

The applicant was discharged on 920527 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).

Responding to the applicant’s issue, the Board noted that t o permit relief, an error or injustice must be found to have existed during the period of enlistment under review. There was nothing in the records, nor did the applicant provide any documentation, to indicate there existed an error of fact, law, procedure, or discretion at the time of discharge. Specifically, the Applicant provided no documentation to indicate that he in fact did report for duty in Hawaii (Feb 91) as ordered. Relief denied.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide additional documentation to support any claims regarding his service at that time. Representation at a personal appearance hearing is recommended but not required.

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 view DoD Directive 1332.28 and other Decisional Documents by going online at “ afls14.jag.af.mil ”.

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
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023      


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