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NAVY | DRB | 2005_Navy | ND0501110
Original file (ND0501110.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-ETSN, USNR-R
Docket No. ND05-01110

Applicant’s Request
The application for discharge review was received on 20050622. The Applicant requests the Discharge 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 designate a representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20051206. 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 and reason for discharge shall not change. The discharge shall remain General (Under Honorable Conditions) by reason of unsatisfactory participation in the Ready Reserve .


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“I would like to re-enter in the Armed Forces of the U.S.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
NAVPERS 1070/613, dtd September 12, 2004
Course list with date and status (2 pages)

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: 20030424             Date of Discharge: 20040912

 Length of Service (years, months, days):

         Active: 01 04 19
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence:    None
         Confinement:                       None

 Age at Entry: 38

 Years Contracted: 8

 Education Level: 12                                 AFQT: 48

 Highest Rate: ETSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)                      Behavior: 3.00 (1)                OTA: 3 .00

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): 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 :

031203:  Applicant ordered to report to the Commanding Officer, STU CRUIT TRA Command Great Lakes, IL no later than 2000 on 040405 for duty with NPSAC for 17 days.

040406:  Performance remarks: Screened SR for language competency. Administered the ALCPT test and SR scored below English comprehension. Low on listening and high (good) on reading. Would recommend SR for verbal skill if in boot camp long enough.

040728:  Applicant administratively processed for separation by reason of unsatisfactory performance in the ready reserve.

040811:  Letter of intent to administratively separate for failure to participate in reserve training was sent via certified mail, return receipt requested. Applicant never signed for the certified mail.
040912:  Commanding Officer, Naval Reserve Center, Roosevelt Roads directed the Applicant's discharge with a general (under honorable conditions) by reason of unsatisfactory participation in the naval reserve - failure to complete NPSAC Phase III training. Commanding Officer’s comments: “Per reference (a), member was administratively discharged from the Naval Service on 12 September 1994 due to unsatisfactory participation in the Ready Reserve as evidenced by his failure to complete NPSAC Phase III Training. His failure to complete Phase III Training, made him unsuitable to serve in the Navy. I determined that retaining the service member on reserve duty would not have served the needs of the Navy nor the service member. Member was separated from the Naval service with a characterization of service of General (under honorable conditions).”

040912:  Applicant discharged from the ready reserve with a general (under honorable conditions) by reason of unsatisfactory participation in the ready reserve.

040923:  Sworn affidavit of service by mail: Applicant’s notice of administrative processing sent by certified mail, return receipt requested on 040811.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20040912 by reason of unsatisfactory participation in the Ready Reserve (A) with a service characterization of general (under honorable conditions). 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 (B and C).

 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. T he Applicant was absent from his NPSAC Phase III training. The Applicant’s conduct in missing his required reserve training reflects his willful failure to meet the requirements of his contract with the U.S. Navy. Such conduct falls far short of that expected of a member of the U.S. military and does not meet the requirements for an upgrade of his characterization of service. Relief is not warranted.

Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code. 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 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), 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 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 C. 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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