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NAVY | DRB | 2003_Navy | ND03-00816
Original file (ND03-00816.rtf) Auto-classification: Denied


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

ex-HN, USNR-R
Docket No. ND03-00816

Applicant’s Request
The application for discharge review was received on 20030415. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a personal appearance hearing before the board in the Washington National Capital Region. The Applicant did not list representative on the DD Form 293. In the acknowledgement letter, the Applicant 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 20040303. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. 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 stated

 Applicant’s issues, as stated on the application:

dear board,

1. “request a change to any other discharge that would not negatively affect my Coast Guard career.

2. request a ‘recommended for re-enlistment’.

3. I was never made aware or given a chance to contest any charges that led up to OTH!

4. My unit’s last instructions to me, was that I become a non-obligor (drilling), due to my intent to relocate my family back to our homeland, Saipan U.S.A. and that the U.S. Navy could not fly me ‘once a month’ to meet drilling requirements!

5. I.R.T.’Item 3’ – Request favorable discharge.

6. My last issue is to request an expedient review, since my ‘Active-duty’ re-enlistment is on hold, pending your decision.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Certificate from Department of Transportation, United States Coast Guard Training Center, dated April 23, 1999
Certificate from Department of Transportation, United States Coast Guard Training Center, dated April 23, 1999
Certificate from Telecommunications Specialist School, dated August 13, 1999
United States Coast Guard enlistment certificate, dated September 1, 1999
Certificate from Telecommunications Specialist School, dated September 10, 1999
United States Coast Guard Good Conduct Award certificate, dated December 14, 2000
United States Coast Guard Honorable Discharge certificate, dated March 31, 2003
Applicant’s DD Form 214 from the United States Coast Guard
Four pages from Applicant’s service record
Memorandum from United States Coast Guard, dated December 19, 2002
Letter from Applicant, dated January 15, 2003

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: 871209               Date of Discharge: 930323

 Length of Service (years, months, days):

         Active: 01 02 14
         Inactive: 01 11 04

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 12                        AFQT: 73

 Highest Rate: HN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.28 (5)    Behavior: 3.28 (5)                OTA: 3.52

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: 2

 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 :

881016:  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.
880210:  Applicant reported for initial tour of active duty for training.

880701:  Applicant released from initial tour of active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.

900826:  Applicant involuntary recalled to active duty.

910213:  NJP for violation of UCMJ, Article 86 (2 specs): (1) Absent from place of duty from 0715, 910114 to 0715, 910115 (1 day), (2) Absent from place of duty 0715, 910102 to 0715, 910103 (1 day).
         Award: Restriction and extra duty for 15 days. No indication of appeal in the record.
910619:  Applicant released from initial tour of active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.

921229:  Commanding officer notified the Applicant of unsatisfactory drill participation via certified letter.

921230:  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.]
921230:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

930219:  Commanding Officer recommended discharge under other than honorable conditions by reason of unsatisfactory participation in the Ready Reserve due to failure to maintain satisfactory drill participation and failure to report for 12 days additional active duty.

930323:  Assistant, Chief of Naval Personnel for Naval Reserve Personnel Management directed the Applicant's discharge under other than honorable conditions [or] general (under honorable conditions) by reason of unsatisfactory participation in the Ready Reserve due to failure to maintain satisfactory drill participation and failure to report for 12 days additional active duty.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19930323 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).

Issues 1 & 5. A characterization of service of under other than honorable conditions is warranted when the member’s conduct constitutes a significant departure from that expected of a Sailor. The Applicant’s service was marred by unsatisfactory participation in the Ready Reserve due to failure to maintain satisfactory drill participation and failure to report for 12 days additional active duty. Relief is therefore denied.
Issue 2 & 6. T he NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.

Issue 3. The applicant stated that he was not given a chance to contest the charges.
A l etter 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. The Applicant receipted for letter by return signature but failed to acknowledge the contents. The failure to acknowledge official certified mail warranted continuation of separation action by regulation (MILPERSMAN 36402000). The Applicant was advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights. Relief is therefore denied.

Issue 4. There is no evidence in the record to substantiate the Applicant’s allegations, that he was directed to remain a “non-driller” due to the fact that his command would not fly him in for training once a month. Relief denied

The following is provided for the edification of the applicant. 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 civilian life subsequent to leaving naval service. The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities.

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 documentation to support any claims of post-service accomplishments or any other evidence related to his discharge 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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