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NAVY | DRB | 2004_Navy | ND04-00022
Original file (ND04-00022.rtf) Auto-classification: Denied


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

ex-ATAN, USNR-R
Docket No. ND04-00022

Applicant’s Request
The application for discharge review was received on 20031001. The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions. The Applicant requests 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 20040712. 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. “The discharge is improper because I maintained a valid mailing address during, and after my enrollment in NROTC at Hampton University. The NROTC unit did not sent the appropriate documents to my current address, and used an address at which my family no longer resided. The documents attached show my current (then) address maintained by the school, even as I remained in school a turn after dismissal from NROTC, records from the City of Richmond VA showing when the property was sold (to which my orders where incorrectly mailed) and a other various documents attributable to my desire to succeed and character, which are contradictory to the native of my discharge.”

 Applicant marked the box "I HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THIS APPLICATION." None were found.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Undergraduate and Graduate degrees from Ohio State University
Three pages from Applicant’s service record
Letter from Applicant with attachment, dated July 14, 2003
Transcript from Hampton University
Letter from Navy Recruiting Command, dated December 10, 2002
Evaluation Report and Counseling Record, dated July 13, 2003
Applicant’s DD Form 214 (Release from Active duty)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR            830829 - 850605  HON
 Active: USN                        850606 - 860904  HON      Released to enter
 Reserve Officer Training
Program
Period of Service Under Review :
Date of Enlistment: 860905                Date of Discharge: 911026

 Length of Service (years, months, days):

         Active: 05 01 22
         Inactive: None

 Age at Entry: 20                          Years Contracted: 8

Education Level: 12                        AFQT: 83

 Highest Rate: ATAN

 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

*No marks found in service record.

 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 :

910409:  Letter of intent to administratively separate under other than honorable conditions for the failure to participate in reserve training and failure to report for active duty when ordered 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.]
910409:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

910812:  Commanding Officer recommended discharge under other than honorable conditions by reason of unsatisfactory participation in the naval reserve and failure to report for active duty as ordered.

 Parts of Applicant’s discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19911026 under other than honorable conditions 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 claims that his command had the wrong mailing address. A letter
of intent to administratively separate under other than honorable conditions for the failure
to participate in reserve training and failure to report for active duty when ordered was
sent via certified mail, and a return receipt was requested. The Applicant receipted for
the letter by return signature but failed to acknowledge the contents. Failure to
acknowledge official certified mail does not prohibit the continuance of administrative
separation. Administrative action was conducted in a proper and correct sequence
resulting in discharge action. Relief denied.

 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 or any other evidence relating 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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