Author: CAP
Last saved by: Department of the Navy
Company: NCPB

Docket No. MD00-00599

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

 ex-LCpl, USMC
Docket No. MD00-00599

Applicant’s Request

The application for discharge review, received 000410, requested that the characterization of service on the discharge be changed to general/under honorable conditions.  The applicant requested a documentary record discharge review.  The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 001201.  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/UNSAT PARTICIPATION IN READY RESERVE, authority:  MARCORSEPMAN 6213.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  This Marine feels that the discharge this Marine received is improper because: 1) The grounds fo this Marines Other Than Honorable Discharge were because of "unsatisfactory participation in the United State Marine Corp Reserve -specifically 10 unauthorized absences, "despite the fact that this Marine unit was well informed of the reasons surrounding those absences 2) Nothing in this Marines service record book deems this Marine as an unsatisfactory participant in the Marine Corps Reserve in fact, up until this unfortunate incident this Marine had not so much as missed one drill in this Marines two year and one month of service, and 3) This marine was discharged well in advance (6 mos to be exact) of any verdict being reached in this Marines case therefore, this Marine feel he was not given just consideration during the discharge proceedings but was just rather written off.

Documentation

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

Letter from Applicant (6pgs)

PART II - SUMMARY OF SERVICE

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

	Active:   USMC			None
	Inactive: USMCR			None

Period of Service Under Review:

Date of Enlistment:  921230		Date of Discharge: 970107

Length of Service (years, months, days):

	Active:  00  06  01
	Inactive:  03  06  XX

Age at Entry:  21			Years Contracted:  4 

Education Level:  10			AFQT:  41

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.46 (5)		Conduct:  4.4(5)

Military Decorations:  None

Unit/Campaign/Service Awards:  Rifle Marksman Badge, NDSM 

Days of Unauthorized Absence:  10 

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

UNDER OTHER THAN HONORABLE CONDITIONS/UNSAT PARTICIPATION IN READY RESERVE; authority:  MARCORSEPMAN 6213.

Chronological Listing of Significant Service Events:

921230:	Enlistment contract into the USMCR documents acknowledgement of the requirement to participate in 48 scheduled drills and not less than 14 days of annual training per year for 6 years upon completion of initial active duty training.

941122:	Counseled for deficiencies in performance and conduct.  [Concerning illegal drug involvement; specifically, the use of Butalbital which was identified through urinalysis testing (NAVDRUGLAB msg R 250851Z Oct 94)] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

950929:	Counseled for deficiencies in performance and conduct.  [Concerning his unexcused absences from the 8-10 Sep 95 drills, (5) drills.  This brings your unexcused absences to a total of (5)] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. (not signed by applicant, failure to attend drill) 

951015:	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.

951015:  	Applicant advised of his rights, and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation. [The failure to acknowledge official certified mail constitutes acknowledgement and waiver of all rights (MARCORSEPMAN par. 6303)]

951018:	Counseled for deficiencies in performance and conduct.  [Concerning his unexcused absences from the 13-15 Oct 95 drills, (5) drills.  This brings your unexcused absences to a total of (10)] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued [not signed by applicant, failed to attend drill).

951018:	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.  

960105:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to unsatisfactory participation in the Ready Reserve.  The general basis for this recommendation was unsatisfactory performance in the Selected Marine Corps Reserve, the specific basis of this recommendation is unexcused absence from 10 drills and an unexcused absence from annual training. 

961028:	Commanding General 4th Marine Division recommended the applicant's discharge under conditions other than honorable by reason of misconduct due to unsatisfactory participation in the Ready Reserve.

961204:	SJA review determined the case sufficient in law and fact.  

961204:	GCMCA [Commander, Marine Forces Reserve] directed the applicant's discharge under conditions other than honorable by reason of misconduct due to unsatisfactory participation in the Ready Reserve.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970107 under other than honorable conditions for misconduct due to unsatisfactory participation in the Ready Reserve (A, B, and C).  The Board presumed regularity in the conduct of governmental affairs (D).  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 (E and F).

I n response to member’s issue, while his command may have been aware of the reason for his missed drills (i.e. confinement by civilian authorities), this knowledge did not provide or imply official sanction of member’s absence from his assigned duties.  Because member’s own misconduct (as evidenced by his later conviction), was the reason for his absence from drills, the command acted in accordance with regulations by directing his administrative separation based on these missed drills.  The command was not required to await resolution of his criminal case by civilian authorities.  Relief denied.
Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6213 of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95. 

B.  Marine Corps Reserve Administrative Management Manual, MCO P1001R.1, Chapter 3, Reserve Participation and Administrative Procedures, paragraph 300.

C.  Table 6‑1 of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95, Guide for Characterization of Service.

D.  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.  

E.  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.

F.  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

The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX:  A8400/A9229/A9233/A9217