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

 ex-AR, USNR-R
Docket No. ND00-00701

Applicant’s Request

The application for discharge review, received 000509, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a personal appearance hearing discharge review before the board in the Washington National Capital Region.  The applicant listed AMERICAN LEGION as his 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 001121.  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 unanimous 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

1.  (Equity Issue) This former member avers that unreliable transportation caused his missed drills, not his deliberate misconduct.  On this basis, he opines that his circumstances are sufficiently mitigating warrant upgrade of his characterization of service.

2.  (Equity Issue) This former member further requests that the Board include provisions of SECNAVINST 5420.174C., enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of his application.

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Letters from Applicant (2)
Statement in Support of Claim from Applicant
Copies of Administrative Remarks (3pgs)
Copy of Enlistment/Reenlistment Documents (2pgs)
Copy of DD Form 215  
Copy of DD Form 214
Copy of Chief of Naval Personnel Authority Letter
Copy of Notification Letter (2pgs)
Copy of Commanding Officer Recommendation Letter
Copy of Claim from Department of Veterans Affairs
Copies of Performance Appraisal Reports (4, 8pgs)
Copy of Appraisal of Promot ability (2pgs)
Copy of Crisis Negotiation Certificate from FBI
Copy of Certificate of Achievement (Report Writing for Patrol Officer)
Copy of Certificate of Achievement (Basic Surveillance Techniques)
Copy of Letter of Appreciation
Copy of Written Examination Letter
Copy of Certificate of Achievement (Field Training Officer program)
Copy of Certificate for Field Training Officer program/in house
Copy of Certificate for Breath Analysis for Alcohol Training
Copy of Certificate of Achievement (Breath Analysis for Alcohol Training)
Copy of Training Certificate (Breath Analysis for Alcohol)
Copy of Certificate for Basic Youth Officer's Course
Copy of Memorandum for Good Job
Copy of Certificate of Achievement (Emergency Vehicle Operator Course)
Copy of Police Department Training Academy Diploma
Copy of Law Enforcement Officer Certificate
Certificate of Completion for First Responder Awareness Course
Copy of Correctional Officers Basic Training Program Diploma
Copy of Certificate of Completion for Mandatory Firearm Training
Copy of Certificate of Completion for Corrections Training Academy
Copy of County Correctional Officer Certificate
Copy of Certificate of Completion for Corrections Recruit Program
Copy of Correctional Certification Examination Letter
Copy of Corrections Officer Appointment Letter
Copy of Academic Achievement Award (Dean's List)
Copy of Dean's List Placement Letter 
Copy of Certificate of Completion (Airman Apprentice)
Copy of Honor Graduate Certificate
Copy of Memorandum (Hostage Negotiator Team)
Copy of Honorable Mention Letter (Dedication to Duty)
Copy of Sheriff's Department Commendation Certificate
Copy of Personnel Memorandum (Department Commendation)
Letter from Applicant

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: None

Period of Service Under Review:

Date of Enlistment:  900619		Date of Discharge:  900923

Length of Service (years, months, days):

	Active:    00  03  04
	Inactive:  03  10  11

Age at Entry:  19			Years Contracted:  8

Education Level:  12			AFQT:  79

Highest Rate:  AN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.56 (5)	Behavior:  3.68 (5)		OTA:  3.60

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:

900619:	ACDUTRA

900923:	RELACDU

940312:	Commanding officer notified the applicant of unsatisfactory drill participation via certified letter.

940401:	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.  The failure to acknowledge official certified mail or is undeliverable to the member's last known address or the next of kin, the separation process shall continue (MILPERSMAN 36402000.

940401:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

940413:	Commanding officer recommended discharge under other than honorable conditions by reason of unsatisfactory participation due to failure to attend drills: 

940421:	CNP directed 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.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 940428 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 and equitable (C and D).

The applicant’s first issue states:  “(Equity Issue) This former member avers that unreliable transportation caused his missed drills, not his deliberate misconduct.  On this basis, he opines that his circumstances are sufficiently mitigating warrant upgrade of his characterization of service.”  The applicant provided no documentation to support this issue to substantiate lack of transportation mitigated his misconduct.  Relief is not warranted.

The applicant’s second issue states:  “(Equity Issue) This former member further requests that the Board include provisions of SECNAVINST 5420.174C., enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of his application.”  The NDRB found the applicant’s post service documentation substantial, however the Board did not find it sufficient enough to warrant relief.

The applicant is strongly encouraged to make a personal appearance before the NDRB.  He is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at personal appearance hearing is highly recommended.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 7, effective 30 Jul 93 until 02 Oct 96, 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 view DoD Directive 1332.28 and other Decisional Documents by going online at “afls14.jag.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:

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