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NAVY | DRB | 2004_Navy | ND04-01093
Original file (ND04-01093.rtf) Auto-classification: Denied


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

ex-SN, USNR-R
Docket No. ND04-01093

Applicant’s Request
The application for discharge review was received on 20040625. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. The Applicant requests a documentary record 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 20041222. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety in the characterization of the Applicant’s service was discovered by the NDRB. However, the Board found the discharge was inequitable. The Board’s vote was three to two that the character of the discharge shall change. The discharge shall change to: UNDER HONORABLE CONDITIONS (GENERAL)/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. “For possible re-enlistment eligibility and see attached documentation for possible federal employment ”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Letter from Applicant
Discharge certification
Indiana State University graduate studies admission
Copy of bachelor’s degree from Faulkner University
Letter of employment from B_ T_
Letter of promotion from Sheriff M_ H_
Certificate of Commendation
Special Deputation certificate
Big Brothers Big Sisters acceptance letter
Big Brothers Big Sisters newsletter extract
FBI award
Letter of commendation from B_ F_
Letter from Captain B_ J_
Recommendation for commendation, 981020
Citation from G. R_ L_
Recommendation for commendation, 980928
Citation from Lt. D_ B_
Letter of commendation from Sheriff J_ W_
Letter from Sheriff J_ W_
Letter of commendation from Sgt B_
Two letters from Sheriff M_ B_
Memorandum from Captain M_ H_
Letter of commendation from Lt. O_
Four letters of commendation from Sheriff M_ B_
Letter of commendation from Captain J.C. M_
Letter of commendation from Lt. S.S. G_
Letter from M_ H_
Memorandum from Captain D.F. H_
Memorandum from Captain E. D_ J_
Letter from P_ N_

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: 880812               Date of Discharge: 920702

 Length of Service (years, months, days):

         Active: 00 03 03
         Inactive: 04 07 18

 Age at Entry: 21                          Years Contracted: 8

 Education Level: 12                        AFQT: 68

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.80 (2)    Behavior: 3.80 (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):

UNDER OTHER THAN HONORABLE CONDITIONS/UNSATISFACTORY PARTICIPATION IN THE READY RESERVE, authority: NAVMILPERSMAN, Article 3630800.

 Chronological Listing of Significant Service Events :

880812:  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.
911223:  Commanding Officer notified the Applicant of nomination for involuntary recall to additional annual training for 12 days due to failure to maintain satisfactory participation in the selected reserve. The notification was received on 911226. Applicant did not respond.

920422:  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. The receipt was returned unclaimed with final notice dated 920518. In the event of the Applicant’s failure to acknowledge official certified mail or the mail is undeliverable to the member's last known address or the next of kin, the separation process shall continue (MILPERSMAN 36402000). The Applicant’s failure to acknowledge his rights constitutes the waiver of all rights.

920609:  Commanding Officer recommended discharge under other than honorable conditions by reason of unsatisfactory drill participation due to failure to report for 12 days of additional annual training on 920406.

920621:  BUPERS directed the Applicant's discharge under other than honorable conditions by reason of unsatisfactory drill participation due to failure to report for 12 days of additional annual training.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19920702 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 but not equitable (C and D).

Issue 1. Under current standards, a sailor administratively separated for unsatisfactory participation in the Ready Reserve would receive a characterization of service of under honorable conditions (general). The Applicant’s failure to participate in his reserve drills and annual training is therefore equitably characterized as under honorable conditions (general). Relief granted.
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 is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. 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 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .
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 “ http://Boards.law.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:

                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023

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