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

 ex-Pvt, USMCR
Docket No. MD02-00705

Applicant’s Request

The application for discharge review, received 020422, requested that the characterization of service on the discharge be changed to honorable.  The Applicant requested a documentary record discharge review.  The Applicant designated the Department of Veterans Affairs, County of San Bernardino, CA as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030124.  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, as submitted

1.  I believe that I have received an unfair and injust discharge from the service.  At the time of my enlistment I missed training weekends.  I went through an unfortunate period of time in which hardship hit me, I was forced to move in with a friend and lost my transportation.  I called to report the incident several times, unfortunate news did not get to my Platoon Leader.  I was not given the chance to make the weekends up.  A review of my personal service record will show that my record of promotions showed I was generally a good service member (A92.12)  Personal problems impaired my ability to serve, (A93.10)  I really wished and wanted to be given the chance to make up my time, for I strongly desired to serve my country.  Please review Letters of recommendation which speak of my strong moral ethics and desires for success and achievement.  I have never been in trouble, have always obeyed the law.  Also, please note letters from my employer and supervisor at my place of employment which also speak of my work ethics.  In conclusion, I implore that you consider my request, I am young ambitious and would desire the chance to have the ultimate potential for success.

Please also note letter of recommendation on my academic achievement.  I am currently enrolled at Platt College.

Documentation

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

Character Reference letter dtd Mar 11, 2002, from R_ H. A_, Police Officer, LA Police Dept.
Character Reference letter dtd Mar 11, 2002, from J_ F. L_
Character Reference letter dtd Mar 1, 2002, from K_ J. B_
Character Reference letter dtd Mar 11, 2002, from J.D. F_, Detective, LA Police Dept, Homicide Section
Character Reference letter, undated, from employer, B_ P. B_
Character Reference letter dtd Feb 27, 2002, from employer, J_ E_, Operation manager
Letter of full-time enrollment, Platt College, dtd Apr 4, 2002, from L_ M. B_, Registrar
Platt College Progress Report (10/17/01)
Copy of DD Form 214 for IADT (980316 - 980926)

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:  980123		Date of Discharge:  000216

Length of Service (years, months, days):

	Active:    00  06  10
	Inactive:  01  06  14

Age at Entry:  20			Years Contracted:  8

Education Level:  11			AFQT:  54

Highest Rank:  PFC

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.5 (2)		Conduct:  4.5 (2)

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/UNSAT PARTICIPATION IN READY RESERVE; authority:  MARCORSEPMAN 6213.

Chronological Listing of Significant Service Events:

980123:	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.

980316:	Commenced Initial Active Duty for Training (IADT).

980926:	Released from IADT, having served 6 months and 10 days and received a honorable characterization of service.

990809:	Commanding Officer notified the Applicant of unsatisfactory drill participation via certified letter #P506 839 007.

990809:	Commanding Officer notified the Applicant of intent to administratively reduce to pay grade of Private for failing to attend Reserve Training via certified letter #P506 839 007.

990809:	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 on 16 August 1999, but failed to acknowledge the contents.  The failure to acknowledge official certified mail constitutes acknowledgement and waiver of all rights (MARCORSEPMAN par. 6303).

990908:	Letter to Applicant notifying reduction to pay grade of Private effective
8 September 1999.

990908:	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 due to excessive unexcused absences.  Commanding Officer’s comments (verbatim):  "SNM joined this unit on 27 September 1998.  SNM remained in a satisfactory drill status until 5 June 1999, when SNM was scheduled to attend Inactive Duty Training.  SNM was not present for the muster.  SNM's participation has since continued to diminish.  SNM has received official correspondence from this command and had failed to respond.  Personal Delivery was not attempted due to SNM living outside the 50 mile radius.  SNM has made a conscious decision not to meet his military obligation despite understanding his consequences.  SNM has no potential for mobilization and further service would not be in the best interest of the Marine Corps.  It s strongly recommended that this Marine be separated from our ranks.  SNM has missed a total of 13 drills."

000120:	SJA review determined the case sufficient in law and fact.  

000211:	GCMCA [Commander, Marine Forces Reserve, New Orleans, LA] 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 000216 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 Applicant certified his understanding of his obligation to train with his reserve unit on 980123.  While the Applicant may feel that his lack of transportation and personal problems were factors that contributed to his actions, 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 inequity must have existed during the period of enlistment in question.  No such error or inequity is evident 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.  Relief not warranted.

The Applicant 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.  Representation at a personal appearance hearing is recommended but not required.  

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