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NAVY | DRB | 2006_Navy | ND0600862
Original file (ND0600862.rtf) Auto-classification: Denied


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

ex-SWCN, USNR
Docket No. ND06-00862

Applicant ’s Request
The application for discharge review was received on 20060614 . 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 20070329 . 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 by reason of unsatisfactory participation in the Ready Reserve .


PART I - ISSUES AND DOCUMENTATION


Applicant Issues

The Applicant is claiming quality of service equity as the reason for his upgrade request.

The Applicant is requesting an upgrade to re-enlist in the National Guard.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant , was considered:
One page from Applicant ’s service record
 Applicant ’s DD Form 214 for period covering October 26, 1987 to March 18, 1988
Applicant ’s DD Form 214 for period covering November 29, 1989 to June 18, 1991
 Applicant ’s DD Form 215, dated July 3, 1991

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: 19870629              Date of Discharge: 19920515

Length of Service (years, months, days):

         Active: 01 11 13 (Does not exclude lost time.)
         Inactive: 01 02 24

Time Lost During This Period (days):
         Unauthorized absence: 1 day
         Confinement:              None

Age at Entry: 18
Years Contracted: 8

Education Level: 1 0                                  AFQT: 48

Highest Rate: SWCN

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.1 (4 )                        Behavior: 3.2 ( 4 )                  OTA: 3.2 0

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214 ): National Defense Service Medal, Sea Service Deployment Ribbon


Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS / UNSATISFACTORY PARTICIPATION IN THE READY RESERVE, MILPERSMAN, Article 3630800.
Chronological Listing of Significant Service Events :

871026:  Applicant reported for initial tour of active duty for training.

 871027:  Applicant briefed on Navy's policy of drug and alcohol abuse.
8711 17 :  Drug and Alcohol Abuse Report: Marijuana abuse, less than monthly November 1987, ashore off duty. Accession urinalysis November 1987. Commanding Officer recommended retention. Comments: Member has potential for naval service. Positive entry level urinalysis for THC. Issued page 13. Will undergo mandatory urinalysis once a month during pre-accession training in accordance with OPNAVINST 5350.4A.

880225:  NJP for violation of UCMJ, Article 92: Failure to obey a lawful written order on 870116.
         Award: Forfeiture of $ 1 00 .0 0 per month for 2 month s , restriction for 3 0 days. Reduction suspended for 60 days. No indication of appeal in the record.
880225:  Retention Warning: Advised of deficiency ( You wrongfully drinking alcoholic beverages while under the age of 21. ), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

 880318:  Applicant released from initial tour of active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.
880321 :  Enlistment contract into the USNR documents acknowledgement of the requirement to participate in 4 3 scheduled drills and not less than 14 days of annual training per year for 6 years upon completion of initial active duty training.
891129:  Applicant reported for initial tour of active duty for training.

 891211:  Applicant to unauthorized absence at 0730 .

891213:  Applicant from unauthorized absence at 1025 (1 day/surrendered).
891213:  NJP for violation of UCMJ, Article 86: On or about 0730, 891211 absent himself from his unit, and did so remain absent until on or about 1025, 891213.
         Award: Forfeiture of $ 163. 00 per month for 1 month, reduction to E- 1 . No indication of appeal in the record.
910206 :  Retention Warning: Advised of deficiency ( Violation of the UCMJ, Article 86. ), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
910618:  Applicant released from initial tour of active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.

920218 :  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of unsatisfactory participation in ready reserves.

920218 :  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights .

920219:  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. Applicant receipted for letter by return signature but failed to acknowledge the contents.

920403 :  Commanding Officer recommended discharge under other than honorable conditions by reason of unsatisfactory participation in the Ready Reserve as eviden t by failure to maintain satisfactory drill participation by obtaining a total of six unexcused drills within a 12 month period. And by reason of failure to maintain satisfactory drill participation following a period of involuntary active duty.

920515 :  Deputy, C hief of Naval Personnel authorized the Applicant 's discharge under other than honorable conditions by reason of unsatisfactory participation in the Ready Reserve as evidenced by failure to maintain satisfactory drill participation following completion of 19 months additional annual training on 910703.



PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19920515 by reason of unsatisfactory participation in the Ready Reserve (A) with a service characterization of under other than 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).

The Applicant is claiming quality of service equity as the reason for his upgrade request. 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. An under other than honorable conditions 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 was marred by two retention warnings, two nonjudicial punishment proceedings for violation of Articles 86 (Unauthorized absence) and 92 (Failure to obey a lawful order) of the UCMJ. Additionally, the Applicant failed to maintain satisfactory drill participation following a period of involuntary active duty. 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.

The Applicant is requesting an upgrade to re-enlist in the National Guard. 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. The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this 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 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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction . You should read Enclosure (5) of the Instruction 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 Instruction 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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