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NAVY | DRB | 2003_Navy | ND03-01075
Original file (ND03-01075.rtf) Auto-classification: Denied



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

ex-SN, USNR
Docket No. ND03-01075

Applicant’s Request
The application for discharge review was received on 20030528. 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 designated the Veteran Affairs, Alameda, CA, as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040617. 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: GENERAL (UNDER HONORABLE CONDITIONS)/UNSATISFACTORY PARTICIPATION IN THE READY RESERVE, authority: MILPERSMAN, Article 1910-158 (formerly 3630800).









PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1. “The incednet occurred when I was attending an annual training in little creek Virginia when on A.T. I was issued a gov’t travel card, and my unit coordinator explained to us that the card was to be used for meals lodging and rental car that’s what I used it for. during my three week training in Virginia. Upon returning I received the bill for all transactions that ocured during training, At that time I could not afford to pay the balance in full so I made arrangements to pay it on a monthly basis, so some how I was discharged for not paying the balance of the bill and a timely manner, and all the transacions I made was based on my training for the three weeks, in training, so I fel that I did nothing wrong. But what was asked of me by my unit, that’s why I was given a General Discharge by the Naval Reserve unit in Toledo, OH. Thank you (Signed by the Applicant).”

 Submitted by Applicant subsequent to submission of application:

2. “I would like to change the RE code on my discharge so I can continue my military career in the United States Air Force.”
Documentation
Only the Applicant’s service record was reviewed, as the medical record could not be obtained and the Applicant did not provide additional documentation for the Board to consider.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR            930331 - 010816  HON
         Active: None (Could not verify)

 Period of Service Under Review :
Date of Enlistment: 010817               Date of Discharge: 021203

 Length of Service (years, months, days):

         Active: 00 00 00 (Could not verify.)
         Inactive: 01 03 17

 Age at Entry: 34                          Years Contracted: 3

 Education Level: 12                        AFQT: 35

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*        Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/UNSATISFACTORY PARTICIPATION IN THE READY RESERVE, authority: MILPERSMAN, Article 1910-158 (formerly 3630800).

 Chronological Listing of Significant Service Events :

021203:  Commanding Officer, N&MCRC, Toledo, OH, advised CNPC that Applicant’s discharge was directed with a general (under honorable conditions) by reason of Unsatisfactory Participation in the Ready Reserve for “failure to maintain a 85% drill attendance. Commanding Officer’s comments (verbatim): [SN J_ (Applicant) is being discharged for violation of UCMJ article 92 (Failure to obey order or regulations); specifically SN J_ (Applicant) failed to pay his just debts and has become seriously delinquent in payment of his government travel card, even after liquidation of his travel claim. When an additional AT was arranged SN J_ (Applicant) failed on his promise to use a portion of that pay towards his GTCC debt. Member has also failed to respond to the notice of UCMJ violations and to keep the command appraised of his current contact information, or to muster for drill since. Member discharged on 03 December 2002 for Unsatisfactory Participation in the Ready Reserve. Characterization of service is General. The following codes will apply: SPD Code (HKQ) Commission of serious military or civilian offense, REENL Code (RE-4), Navy Loss Code (871) General.”

[ADMIN DISCHARGE PACKAGE NOT CONTAINED IN SERVICE RECORD.]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW
______________________________________________________________________
Discussion

The Applicant was discharged on 20021203 with a General (Under Honorable Conditions) for misconduct due to commission of serious offense and for unsatisfactory participation in the Ready Reserve (A). In the absence of a discharge package, the Board presumed regularity in the conduct of governmental affairs (B) and, after a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, found that the discharge was proper and equitable (C and D).

Issue 1: The Applicant’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident during the Applicant’s enlistment. The Commanding Officer specifically states that the Applicant had “failed to respond to the notice of UCMJ violations and to keep the command appraised of his current contact information, or to muster for drill since.” The Applicant was discharged for unsatisfactory participation in the ready reserve. Relief denied.

Issue 2: Concerning a change in reenlistment code, the 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. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

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. The Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 Aug 2002 until Present, MILPERSMAN Article 1910-158 (formerly 3630800), SEPARATION 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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