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

Docket No. MD01-00915

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

ex-Pvt, USMCR
Docket No. MD01-00915

Applicant’s Request

The application for discharge review, received 010703, requested that the characterization of service on the discharge be changed to honorable.  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 020118.  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.  I am requesting that a change be made to the characterization of my discharge due to the fact that I left my unit in the face of injustice.  More specifically, I left my unit because of racism.  Although I do realize that I was not entirely justified in my actions, I don't feel that my departure warranted an Other Than Honorable discharge that casts dispersion on the time and service I dedicated to my country.  My service record will indicate that the only disciplinary problem I had while serving was getting to drill.  This was a problem due to the fact that I was occasionally unable to secure transportation to drill at a suitable time.  It was a problem exacerbated by my being unjustly denied accommodations on base even though I lived outside a 50-mifle radius of my unit.  Other than that, I strived to be a model Marine and I think my Proficiency and Conduct marks will reflect this.

As far as the racism is concerned, of those that occurred, I can only recall one incident that may have been documented.  My service or medical record should reflect, as should those of some other Black Marines in my unit at the time, that we had to consistently submit to "random" urinalysis.  I had to submit to this for at least the entire first year I was at my unit.  There should be similarities in the service and medical records of M_ W_, L_ F_ Jr., and A_ K_.  If contacted, these Marines will also support my claims of racism although I have been unsuccessful in locating them for their signed testimony,

When I left my unit, I had endured treatment such as this for 2 years.  I shouldn't have been subjected to this type of treatment, especially in the Marine Corps.  I also shouldn't be made to suffer because of it.  At that time, I thought my only option was to leave.

I am asking that my discharge be upgraded to Honorable.  Please grant my request.

Documentation

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

None

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:  940519		Date of Discharge:  980320

Length of Service (years, months, days):

	Active:    00  01  09
	Inactive:  03  08  22

Age at Entry:  18			Years Contracted:  8

Education Level:  12			AFQT:  82

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  3.3 (6)		Conduct:  3.3 (6)

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM. Letter of Appreciation, MM

Days of Unauthorized Absence:  None

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:

940519:	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.

940628:	Applicant reported for initial tour of active duty for training.

950209:	Applicant released from initial tour of active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.

950212:	Commanding officer notified the applicant of unsatisfactory drill participation letter.

950212:	Counseled for deficiencies in performance and conduct.  [Unexcused absences on 950211 and 950212 (4 drills)].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

950312:	Commanding officer notified the applicant of unsatisfactory drill participation letter.

950312:	Counseled for deficiencies in performance and conduct.  [Unexcused absences on 950311 and 950312 (4 drills)].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

950610:	Counseled for deficiencies in performance and conduct.  [Unexcused absences on 950610 (2 drills)].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

960609:	Commanding officer notified the applicant of unsatisfactory drill participation letter.

960713:	Counseled for deficiencies in performance and conduct.  [Unexcused absences on 960609 (2 drills)]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

960713:	Applicant administratively reduced to PFC for unsatisfactory participation by failure to attend scheduled drills and by failure to respond to notification of intent to reduce letter and subsequent failure to make up missed drills to regain a satisfactory status.

960801:	Applicant informed eligible but not recommended for promotion to LCpl for the August 1996 promotion period due to poor drill attendance.

970214:	Commanding officer notified the applicant of unsatisfactory drill participation letter.

970309:	Counseled for deficiencies in performance and conduct.  [Unexcused absences on 970208 and 970209 (4 drills)].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970318:	Commanding officer notified the applicant of unsatisfactory drill participation letter.

970421:	Commanding officer notified the applicant of unsatisfactory drill participation letter.

970423:	Applicant administratively reduced to Pvt for unsatisfactory participation by failure to attend scheduled drills and by failure to respond to notification of intent to reduce letter and subsequent failure to makeup missed drills to regain a satisfactory status.

970501:	Applicant informed eligible but not recommended for promotion to LCpl for the May 1997 promotion period unsatisfactory drill attendance.

970510:	Counseled for deficiencies in performance and conduct.  [Unexcused absences on 970412 and 970413 (4 drills)].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970601:	Applicant informed eligible but not recommended for promotion to PFC for the June 1997 promotion period due to poor drill attendance.

970606:	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 constitutes acknowledgement and waiver of all rights (MARCORSEPMAN par. 6303)].

970614:	Counseled for deficiencies in performance and conduct.  [Unexcused absences on 970508, 970509, 970510 and 970511 (7 drills)].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970701:	Applicant informed eligible but not recommended for promotion to PFC for the July 1997 promotion period due to poor drill attendance.

970719:	Counseled for deficiencies in performance and conduct.  [Unexcused absences on 970613 and 970614 (2 drills)].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970801:	Applicant informed eligible but not recommended for promotion to PFC for the August 1997 promotion period poor drill attendance.

970810:	Counseled for deficiencies in performance and conduct.  [Unexcused absences on 970719 and 970720 (4 drills), and missing movement, specifically unauthorized absence from your scheduled annual training].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970901:	Applicant informed eligible but not recommended for promotion to PFC for the September 1997 promotion period poor drill attendance.

970913:	Counseled for deficiencies in performance and conduct.  [Unexcused absences on 970808, 970809 and 970810 (6 drills)].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

971011:	Counseled for deficiencies in performance and conduct.  [Unexcused absences on 970913 and 970914 (4 drills)].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

971101:	Applicant informed eligible but not recommended for promotion to PFC for the November 1997 promotion period poor drill attendance.

971104:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to unsatisfactory participation in the Ready Reserve.  The factual basis for this recommendation was your unexcused absence from 20 regularly scheduled drills. 

971201:	Applicant informed eligible but not recommended for promotion to PFC for the November 1997 promotion period poor drill attendance.

971206:	Counseled for deficiencies in performance and conduct.  [Unexcused absences on 971011 and 971012 (4 drills)].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

980320:	SJA review determined the case sufficient in law and fact. 

980320:	GCMCA [Commander, Marine Force 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 980320 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).

Issue 1.  The Board found no evidence of racism against the applicant in a review of his service records.  The Board also found no evidence that the applicant was a “model Marine”.  His performance evaluation averages of 3.3/3.3 do not meet the standard for honorable service.  On 940519 the applicant acknowledged his 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.  The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions.  Relief denied.

The applicant’s discharge characterization accurately reflects his service to his country.  The discharge was proper and equitable.  Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question.  No such error or injustice occurred during the applicant’s enlistment.  Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service.  He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge.  The applicant can provide additional documentation to support any claims of post-service accomplishments at that time.  Legal representation at a personal appearance hearing is highly recommended but not required.  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 “afls10.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:  A4900/A9453/A9217/A9201/9229/A9221