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NAVY | DRB | 2004_Navy | ND04-01194
Original file (ND04-01194.rtf) Auto-classification: Denied


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

ex-SH3, USNR
Docket No. ND04-01194

Applicant’s Request
The application for discharge review was received on 20040707. 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 a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20041210. 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

 1. “I served four years active duty with the navy ending august 14 th 2000. I received a honorable discharge (RE-1). I’ve enclosed a copy of my DD 214. On 11-21-00 I entered the navy reserves, but due to several reasons, including death of my child, and housing situations I informed my division that I would not be able to continue my tour of duty. On 07-20-01 I was discharged with a RE-4 code. I did not realize this until I tried to reenlist back to active duty. I wish to have my reenlistment code upgraded so I may join the armed forces again to help my country combat terrorism. I am stable in all ways, and I’m eager to help defend my country in these hard times. Thank you.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Copies of service record (8 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     960110 - 960813  COG
         Active: USN                        960814 - 000812  HON

 Period of Service Under Review :
Date of Enlistment: 001121               Date of Discharge: 010620

 Length of Service (years, months, days):

         Active: 00 07 00
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

Education Level: 12                        AFQT: 51

 Highest Rate: SH3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*                          Behavior: NMF             OTA: NMF

 Military Decorations: GCM, SSR

 Unit/Campaign/Service Awards: SSDR, AFSM, AFEM

 Days of Unauthorized Absence: None

*No marks found in record

 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 :

010517:  Applicant advised of rights to consult with counsel certified under UCMJ, Article 27(b) via certified mail.

010523:  Letter of intent to administratively separate with a general (under honorable conditions) for the failure to participate in reserve training was sent via certified mail, return receipt requested. The separation process shall continue if the member fails to acknowledge official certified mail or if the mail is undeliverable to the member's last known address (MILPERSMAN 36402000).

010620:  Commanding Officer directed discharge with a general (under honorable conditions) by reason of unsatisfactory participation in the Ready Reserves. Commanding Officer’s comments verbatim: Member has demonstrated an inability to conform to established standards, his violation of those standards show that he has no potential for future naval service. Petty Officer H_’s inability to meet drilling requirements leaves me no option but to separate him from Naval Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20010620 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).

Issue 1: 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. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

The Applicant contends his disciplinary problems were the result of stress caused by the death of his child and housing situations. The NDRB recognizes that serving in the U.S. Navy is challenging. Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country. The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. Relief on this basis is denied.

A characterization of service of under honorable conditions (general) 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 was marred for the failure to participate in reserve training. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives, which regulate good order and discipline in the naval service. 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. 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), Change 26, effective 04 January 2000 until 21 Aug 2002, MILPERSMAN Article 1910-158 (formerly 3630800), Separation 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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