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NAVY | DRB | 2003_Navy | ND03-00006
Original file (ND03-00006.rtf) Auto-classification: Denied


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

ex-SN, USNR-R
Docket No. ND03-00006

Applicant’s Request
The application for discharge review, received 20020926, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20030812. 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. Discharge: Under Other Than Honorable Conditions.

I disagree with the assignment of an Other Than Honorable discharge.

My reserve unit was fully aware of why I had problems with my drills. At that time, I was having problems with my husband showing up at the unit. He would get there and sit there all day, sometimes causing trouble. Many times he caused problems at home to block my participation in the reserves.

If your read my records, you will notice that I did well on my ratings. My final performance standards were 3.66.

I admit to having some problems, but not to where I would be given an OTH discharge.

Please reconsider and grant an Honorable discharge.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Certificate of completion, dated December 12, 1997
Certificate of completion, dated December 12, 1997
Certificate of completion, dated September 6, 1997 - October 4, 1997
Letter from National Personnel Records Center, dated October 17, 2001
Fourteen pages from Applicant's service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: None
         Active: None

 Period of Service Under Review :
Date of Enlistment: 900120               Date of Discharge: 941108

 Length of Service (years, months, days):

         Active: 04 01 21
         Inactive: 00 07 28

 Age at Entry: 19                          Years Contracted: 8

 Education Level: 12                        AFQT: 80

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.67 (3)    Behavior: 3.73 (3)                OTA: 3.67

 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 :

900918:  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.
980728:  Commanding officer notified the Applicant of unsatisfactory drill participation via certified letter.

940728:  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.]
940728:  Applicant advised of her rights via certified letter. The Applicant did not acknowledge receipt of official certified mail.
941005:  Commanding Officer recommended discharge under other than honorable conditions by reason of unsatisfactory participation in the selected reserve due to twenty-two missed drills.

941108:  CNP directed the Applicant's discharge under other than honorable conditions by reason of unsatisfactory participation in the selected reserve due to twenty-two missed drills.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19941108 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 that this issue has no merit. The Applicant states that she was having problems with her husband showing up at work, causing trouble at work as well as at home. The Applicant admits having problems serving in the military but does not believe she deserved an OTH discharge. The NDRB recognizes that serving in the U.S. Navy is challenging. Our country is fortunate to have men and women willing to ensure the hardships and sacrifices required in order to serve their country. It must be noted that most members of the navy serve honorably and therefore earn their honorable discharges. In fairness to those members of the Navy, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due. The Applicant did not provide documentation to show that there was an error in the execution of her discharge or in the assignment of the discharge classification. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. Therefore, no relief will be granted.

The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, 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. 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 can be considered. Examples include documentation such as educational pursuits, verifiable employment record(s), documentation of community service, certification of non-involvement with civil authorities, and credible evidence of substance free lifestyle (if appropriate). At this time, the applicant has not provided sufficient documentation for the Board to consider.

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 of post-service accomplishments 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), Change 7, effective 30 Jul 93 until 02 Oct 96, 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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