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NAVY | DRB | 2003_Navy | ND03-00072
Original file (ND03-00072.rtf) Auto-classification: Denied


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

ex-QMSN, USNR
Docket No. ND03-00072

Applicant’s Request
The application for discharge review, received 20021009, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20030828. 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

 Prior to the documentary discharge review, the Applicant introduced no issues, as block 8 on the DD Form 293 is blank.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214

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: 871215               Date of Discharge: 920721

 Length of Service (years, months, days):

         Active: 03 00 00
         Inactive: 01 06 26

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 12                        AFQT: 38

 Highest Rate: QMSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.54 (4)    Behavior: 3.5 (4)                 OTA: 3.45

 Military Decorations: None

 Unit/Campaign/Service Awards: Coast Guard SOS Ribbon

 Days of Unauthorized Absence: 11

 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 :

871215:  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.
880120:  Commenced 36 months active duty under the Active Mariner Program.

 891011:  NJP for violation of UCMJ, Article 86: Failing to go.
         Award: Restriction and extra duty for 5 days. No indication of appeal in the record.

900212:  NJP for violation of UCMJ, Article 86: Absence without leave; violation of UCMJ, Article 92: Failure to obey order or regulation.
         Award: Forfeiture of $444.00 pay per month for 1 month (suspended for 6 months), forfeiture of $444.00 pay per month for 1 months, restriction and extra duty for 30 days, reduction to E-2 (Suspended for 6 months), Civilian Clothes lost. No indication of appeal in the record.
900406:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Award: Restriction for 5 days and extra duty for 40 hours. No indication of appeal in the record.

900802:  Unauthorized absence from 0605, this date. Intentions unknown.

900813:  Surrendered on board at 0605 this date having been absent over liberty since 0605, 2AUG90 (11 days).

900817:  NJP for violation of UCMJ, Article 86: Absent without leave.
         Award: Restriction and extra duty for 30 days, reduction to E-2. No indication of appeal in the record.
910130:  Released from active duty having served 3 years of active duty and transferred to the Naval Reserve to serve until 25DEC95. Applicant’s characterization of service was “honorable.”
920322:  Applicant issued Active Duty Training Orders to report to training not later than 0730, 18 May 92 for a period of 12 days. Orders also stated failure to comply with order may result in disciplinary action and/or administrative action affecting status in the Naval Reserve. Commanding officer notified the Applicant of unsatisfactory drill participation via certified letter.

920519:  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. Someone at Applicant’s residence receipted for letter by return signature but Applicant 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.]
920627:  Commanding Officer recommended discharge under other than honorable conditions by reason of Unsatisfactory Participation in the Ready Reserve as evidenced by failure to report for 12 days of additional active duty for training on 18 May 92.

920721:  CNPC directed the Applicant's discharge under other than honorable conditions by reason of unsatisfactory participation in the Ready Reserve as evidenced by failure to report for 12 days of additional annual training on 18 May 1992.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19920721 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 introduced no decisional issues for consideration by the Board.

 The following is provided for the edification of the Applicant. Normally, to permit relief, an error of propriety or equity must have occurred during the period of enlistment in question. No errors or inequities were discovered during a review of the Applicant’s enlistment and subsequent discharge. 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 of documentation to provide to the Board for consideration include verification of educational pursuits, verifiable employment record(s), documentation of community service, certification of non-involvement with civil authorities, and credible evidence of a substance free lifestyle. At this time, the applicant has not provided any documentation for the Board to consider. Therefore, no relief will be granted.
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), 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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