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NAVY | DRB | 2004_Navy | ND04-00557
Original file (ND04-00557.rtf) Auto-classification: Denied


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

ex-QM3, USNR-R
Docket No. ND04-00557

Applicant’s Request
The application for discharge review was received on 20040218. 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 acknowledgement 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 elected a personal appearance hearing and obtained representation from the American Legion.

Decision
A personal appearance hearing discharge review was conducted in Washington, D.C. on 20041027. 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: NAVMILPERSMAN, Article 3630800.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1. “Upgrade my discharge from General (other than honorable) to Honorable discharge. I believe it should be upgraded due to my having demonstrated good citizenship characterics and that I want to contribute to serving my country.”

2. “Recommendation upgraded to Recommended for reenlistment. Should be done so I can have a chance to contribute to the Armed Forces.”
3.
“Dear Sirs,                                                                      December 30, 2003
Naval Counselor Personnel Board
720 Kenan St SE Room 309
Washington Navy Yard, DC 20374-5023

 I am writing to you with my utmost honorable intentions. My past record with the United States Naval Reserve is keeping me from enlisting and serving my country in the Armed Forces. I regret to inform you that my discharge from the United States Naval Reserve, in March of 1989, was given to me under General (Other Than Honorable) conditions. It was given due to lack of drill participation, on my part of course.
At that time in my life I didn’t realize the Naval Reserve was one of the greatest opportunities of my life. Being the first in my family to have an opportunity for a college education I reluctantly made a very disgraceful and bad decision. I realized a long time ago that staying in the reserves would not have hindered or prevented me from achieving my educational goals. It would have only enhanced my goals and opportunities.
During my enlistment I continued to advance upto the status of Quartermaster Third class. My overall performance evaluation was last noted to be 3.7. The enclosed documents on the next page contain a record of this for your review.
Since my discharge in 1989 I completed my Bachelors of Science in Mechanical Engineering from the University of Kentucky in December of 1993. From 1994 to 1996 I worked as a draftsman/designer. I have been working for North American Stainless from 1997 to present as a Mechanical Engineer. Since the year 2000 I have also been attending night classes at Northern Kentucky University. I have five classes left to obtain my Post Bachelors of Science in Electronic Engineering Technology.
I have been married since 1992 to a wonderful wife who supports me reenlisting in the Armed Forces. We have two children my son Matthew, 10 yrs old, and my daughter Kristine, 7 yrs old.
I sincerely apologize for my past record with the greatest Naval and Armed Forces ever known. Please realize that my past record is not a true representation of my character and nature. I am a law abiding citizen whose greatest desire is to be a part of serving and protecting this great country. In doing so, I am more than willing to make the ultimate sacrifice as have so many in the past. Enclosed are what Naval records I have been able to obtain and my resume for work experience. Please reconsider my discharge and recommendation for reenlistment so that I can serve and protect the greatest country ever known.”

 Additional issues submitted by Applicant’s counsel/representative ( AMERICAN LEGION ):
 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from National Personnel Records Center
Copies from Service Record (35 pages)
Unofficial Undergraduate Academic Record (4 pages)
Criminal Record Check (4 pages)
Resume

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: 850121               Date of Discharge: 890307

 Length of Service (years, months, days):

         Active: 00 04 13
         Inactive: 03 09 03

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 12                        AFQT: 71

 Highest Rate: QM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (2)    Behavior: 3.70 (2)                OTA: 3.70

 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: NAVMILPERSMAN, Article 3630800.

 Chronological Listing of Significant Service Events :

850121:  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.

890307:  Discharged this date with a General Discharge (Under Other Than Honorable Conditions) by reason of unsatisfactory drill participation. Not recommended for reenlistment or reaffiliation. Authority: NAVMILPERSCOM WASHINGTON DC LTR 1990, NMPC 913, of 1 MAR 89.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19890307 with a general (under 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 1-3. When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. A General discharge is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. The Applicant’s service is marred by unsatisfactory participation in violation of his contract. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

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 the service. The NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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. After a complete review of the entire record, including the evidence submitted by the Applicant, the Board determined that his discharge was appropriate and that his evidence of post-service conduct was found not to mitigate the conduct for which he was discharged. Relief denied.

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reentry into the naval service or any other of the Armed Forces. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy or Marine Corps. Reenlistment policy of the naval service is promulgated by the Commander, Navy Recruiting Command, 5722 Integrity Drive, Bldg 784, Millington, TN 38054. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

The following if provided for the edification of the Applicant. The NDRB has no authority to provided additional review of this case since Applicant’s discharge occurred more than 15 years ago. The Applicant may, however, petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning a change in the characterization of naval service, if he desires further review of his case.


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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