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Docket No. MD02-01268

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

 ex-Pvt, USMC
Docket No. MD02-01268

Applicant’s Request

The application for discharge review, received 020906, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030612.  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.  Because the Marines involved in this matter are good Marines (otherwise), and therefore good for my country, I wish to not elaborate on this.

     Please respect my decision to not go into detail regarding this matter.  No good can come out of this, and is therefore unnecessary for me to go into details.

     I only want a fair discharge.

Oorah, (Signed by the Applicant)

Documentation

Only the service and medical records were reviewed, as the Applicant did not provide additional documentation for the Board to consider.  

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:  981125		Date of Discharge:  010205

Length of Service (years, months, days):

	Active:    00  02  26
	Inactive:  01  11  15

Age at Entry:  20			Years Contracted:  6

Education Level:  12			AFQT:  95

Highest Rank:  PFC

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  3.4 (2)		Conduct:  3.3 (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:

990603:	Commenced initial tour of active duty for training (IADT).

990721:	Authorized an interunit transfer to SMCR RUC 75240 Indianapolis, IN vice RUC 14614 Joliet, IL.

990823:	Applicant acknowledged approval of his request for interunit transfer; however, Applicant declined and rescinded his request and chose to remain with RUC 14614 Joliet, IL.  

990828:	Released from IADT, having served 2 months, 26 days of active duty with characterization of service as Honorable.

000611:	Letter of intent to administratively separate under other than honorable conditions for the failure to participate in reserve training was personally presented to the Applicant.  The reason for discharge was due to the excessive unexcused absences from scheduled drills – accumulation of 26 unexcused absences.

000611:	Applicant advised of his rights and elected to waive all rights.

000615:	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 record of absenteeism and lack of commitment to the Marine Corps Reserves.  Commanding Officer’s comments (verbatim): “Marines in this unit have made numerous attempts to contact Private A_ (Applicant) and try to bring him into a satisfactory drilling status with this unit.  Each attempt has been met with varying levels of resistance.  Phone conversations with the Marine's parents have not resulted in his contacting the unit to work out a solution to this problem.  For a while, the Marine's parents were unwilling to provide us with a phone number or address to the university that the Marine is attending.  Only after Captain D_, lstSgt H_, and HM2 G_ made a personal visit to the Marine's home of record in Tinley Park, IL, did we receive a phone number to Private A_'s (Applicant) home in Bloomington, Indiana.  On 11 June 2000, HM2 G_ made a visit to his home and was able to contact Private A_ (Applicant) at his residence in Bloomington.  HM2 Gallagher talked with Private A_ (Applicant) and explained his unsatisfactory drilling status and the 26 unexcused drills that he has accrued.  She also explained what he needed to do to correct the problem.  HM2 G_ told Private A_ (Applicant) that the Battery would be flexible enough to work around his school schedule, but after talking with this Marine for 30 minutes, he was not persuaded.  Private A_ (Applicant) told HM2 G_ that he has no desire to return to the unit or to return to a good drilling status in the Marine Corps Reserve.  He said that his school commitments prevent him from attending the scheduled drills.  At this point, HM2 G_ presented Private A_ (Applicant) with the Commanding Officer's letter notifying him that he was going to recommend to the Commanding General, Marine Forces Reserve that he be discharged for unsatisfactory participation in the U. S. Marine Corps Reserve.  HM2 G_ also explained the discharge process, discussed the items found in enclosure (2) (Acknowledgement of Rights), and answered all questions to the Marine's satisfaction.  Private A_ (Applicant) then initialed and signed enclosure (2).  He was then asked to fill out enclosure (4) (Absentee Questionnaire), to state his reasons for not wanting to return to a satisfactory drilling status with the Battery.  Private A_ (Applicant) stated in this enclosure, that he does not desire to return to a satisfactory drilling status due to his school commitments.”

010205:	SJA review determined the case sufficient in law and fact.  

010205:	GCMCA [Commander, Marine Forces Reserve, New Orleans] advised the Commandant of Applicant's directed 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 010205 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.  A characterization of service of under other than honorable conditions is warranted when the member's conduct constitutes a significant departure from that expected of a Marine.  The Applicant’s service was marred by failure to participate in his unit’s scheduled drill periods.  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.  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, subsequent to leaving the service.  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

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.
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