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NAVY | DRB | 2003_Navy | ND03-00840
Original file (ND03-00840.rtf) Auto-classification: Denied


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

ex-SN, USNR
Docket No. ND03-00840

Applicant’s Request
The application for discharge review was received on 20030411. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge review. The Applicant did not list any representative on the DD Form 293. In the acknowledgment
letter the Applicant was informed that he was approaching the 15 year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington, D. C. area. Applicant did not respond.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040312. 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:

1. “I would like to state that truly enjoyed being apart of the armed forces unfortunately I joined at a time in our era that did not allow women to be involved in fields that they are today. I put in twice to become active duty because that is what I truly wanted, but I was told that my score was too low to have a school of my choice or to be able to be in active duty status. So more or less I was coerced to join reserves. My idea of being a sailor was not to sit in a room and drink coffee a weekend out of a month. My childhood dream since I was 6 years old was to be able to travel and serve my country. I graduated from basic training and apprenticeship training. I served four years of weekend a month two weeks a year to hope that one day I would get my chance to fulfill my dream, but it did not happen. I had lost a sister in 1986 June, and then I was shot by a old roommate 3 months later. I still endure the pain of my losses. I just didn’t recover from my wounds and things didn’t seem to matter anymore but the navy. Now that I’m older and wish to be granted for the time I did serve my country the right to have some of the benefits that come along with it or just the gratitude I deserve for which I do believe in and served my country. If it wasn’t for my discontent about the reserve, I would have retired from the navy. If you look at my records. You will notice that my evaluations were fine, my test scores were good. And when I have requested that I would be terminated from the reserves it was not because I did not want to be a part of the navy I just didn’t see the point of me sitting around in the reserves. Also, I was not recommended for re-enlistment. If I was I would have tried another branch of service.”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
None

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: 850808               Date of Discharge: 890613

 Length of Service (years, months, days):

         Active: 00 03 13
         Inactive: 02 06 25

 Age at Entry: 19                          Years Contracted: 8

 Education Level: 12                        AFQT: 31

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)    Behavior: 3.60 (1)                OTA: 3.40

 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 :

850808   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.
850821:  Commenced initial active duty for training.

 851203:  Release from ACDUTRA and transferred to reserves after serving 3 months and 12 days.

860615:  Acknowledged the policy change for excused drills.

 880907:  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.]
890425:  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.]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19890613, not on 19900808 as indicated by the Applicant, 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).

 Issue 1: The Applicant contends that she felt coerced into joining the Reserves, and that not receiving her choice of school contributed to her failure to honor the enlistment contract and the reserve drilling requirement. The evidence of record did not show that the Applicant was coerced into enlisting and that she was not responsible for her conduct or that she should not be held accountable for her actions. Two l etters of intent to administratively separate under other than honorable conditions for the failure to participate in reserve training were sent via certified mail, return receipt requested. The Applicant receipted for the letters 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 her rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights. Relief is therefore denied.


Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560A), effective 15 Jun 1987 until 13 Dec 1989, 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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