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

ex-SN, USNR-R
Docket No. ND99-00669

Applicant’s Request

The application for discharge review, received 990421, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a personal appearance hearing discharge review before a traveling panel closest to Charlotte, NC.  The applicant did not list any representative on the DD Form 293.  In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000306.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was 3 to 2 that the character of the discharge shall not change.  The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/UNSATISFACTORY PARTICIPATION IN THE READY RESERVE, authority: NAVMILPERSMAN, Article 3630800.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.	Discharged with an other than honorable discharge my conduct at the time was the reason I received the type of discharge that I did.  The time period surrounding the action that was taken for me I believe was a very difficult period.  Things were happening in my personal life that I felt needed my attention.  I was also very young and not use to the type of responsibility I was given and even more so not completely aware of my contract obligations with the Armed Force.  Since that time I have matured rapidly and more susceptible to responsibility and commitments I've made, your consideration in upgrading my discharge will aid me in getting better job and be more productive to society.  I regret the decisions I mad and only hope that you see fit to grant my request.  See enclosed documents supporting my character and commitment.
2.	Request for Release from Department of Navy denied.  Release would have allowed for voluntary enlistment into U.S. Air Force.  Reason for request was "A" school denial that was previously granted.
3.	I understood the Naval Reserve would order me to active duty for not participating in drills.  I missed more drills that I could make up, given the allowable make up drills.
4.	I received the other than honorable discharge from the "SAM" program of the US Naval Reserves.  I believe to be unfair, I was a good soldier or sailor, and I did not know this decision was being made without a hearing in which I was present.
5.	The matter of discharge was not discussed between myself and my superiors, my CO and or XO.  I was not given the chance to do my 24 mos of active duty, instead I received the discharge. 
Documentation

In addition to the service record which did not include a Discharge Package, the following additional documentation, submitted by the applicant, was considered:

Character Reference Letter from sister
Character Reference Letter from Chaplain
Copy of Enlisted Performance Evaluation Report
Copy of Enlisted Performance Record (2pgs)
Copy of Record of Naval Reserve Service (2pgs)
Copy of Navy Occupation/Training and Award History (2pgs)
Copy of Enlisted Classification Record (2pgs)
Copy of Letter of Appreciation
Copy of DD Form 214
Copy of Discharge Certificate
Copy of Letter from BCNR

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:   USN			None
	Inactive: USNR (DEP)	None

Period of Service Under Review:

Date of Enlistment:  840627		Date of Discharge:  881008

Length of Service (years, months, days):

	Active:    00  03  06
	Inactive:  00  04  19

Age at Entry:  18			Years Contracted:  8

Education Level:  12			AFQT:  72
 
Highest Rate:  SN

Final Enlisted Performance Evaluation Averages (number of marks):

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

Military Decorations:  None

Unit/Campaign/Service Awards:  Sharpshooter 4.5 pistol 

Days of Unauthorized Absence:  None 

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

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

Chronological Listing of Significant Service Events:

840627:	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 8 years upon completion of initial active duty training.

880401:	Applicant stopped drilling [Extracted from case file].

881003:	NMPC directed applicant’s discharge this date with other than honorable conditions due to unsatisfactory participation in naval reserve.

881008:	Discharged under other than honorable conditions for unsatisfactory participation in the ready reserves.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 881008 under other than honorable 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).

In the applicant’s issue 1 and 3, the Board found that the applicant signed a contract for 8 years and was required to fulfill this service obligation.  The applicant states that he was not “aware of my contract obligations with the Armed Force.”  The Board does not find this as a legitimate reason to upgrade his discharge.  It was his duty and obligation to ask questions if there were concerns with his contractual obligation to the Navy.  In addition, it is the Commanding Officer’s prerogative to order a Reservist to active duty for missed drills.  The applicant had a track record for missed drills and the Commanding Officer took this into account when making this decision.  Relief is denied.

In response to the applicant’s issue 2, the Board cannot make a determination concerning the applicant’s denial of a request for an A-school.  This is irrelevant to the reason the applicant was discharged from the Naval Reserves.

The applicant states in issues 4 and 5 that he was not given a chance to do 24 months of active duty, but instead received an other than honorable discharge without a hearing. The Commanding Officer has the authority to make a recommendation for separation to CNMPC based on the applicant’s missed drills.  The characterization takes into account the service record and the significant number of drills missed.  The Board assumed some regularity concerning the discharge because the notification and election of rights were not included in the service record.  The Board found the applicant was properly discharged and will not grant relief on the basis of these issues.

There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service.  However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D).  Those factors include, but are not limited to, the following:  evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct.  At this time, the applicant has not provided ample documentation of good character and conduct.  Therefore no relief will be granted.  The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge.
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 obtain a copy of DoD Directive 1332.28 by writing to:

		DA Military Review Boards Agency
		Management Information and Support Directorate
		Armed Forces Reading Room
		Washington, D.C.  20310-1809

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
		Washington Navy Yard
		720 Kennon Street SE Rm 309
		Washington, DC  20374-5023