Author: CAP
Last saved by: shirley.robertson
Company: NCPB

Docket No. MD05-00264

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

ex-LCpl, USMCR
Docket No. MD05-00264

Applicant’s Request

The application for discharge review was received on 20041129.  The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions.  The Applicant requests 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 20050316.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  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 stated

Applicant’s issues, as stated on the application:

1.  “I enlisted in the United States Marine Corps Reserve Program in early Winter 1995 out of a desire to serve my country and in the hope that reserve pay would help defray college expenses.  I had every intention of fulfilling my obligation to country and corps as described in the enlistment contract.  However, at the time of the enlistment, I was a student at the University of Massachusetts and made clear to my recruiter that financial reasons made completing my undergraduate education my first priority.
In fact, I made the commitment based on the recruiter's assurance that my education would not be hindered or interrupted beyond the one semester delay necessary to complete basic training at MCRD, Parris Island, SC.  I also understood that drill pay would be both regular and timely.  I was assured that reserve duty requirements would not delay the completion of my education and would, more likely facilitate its completion.  I completed my active duty period of training during the summer of 1995.  As platoon high shooter, I graduated from MCRD PI a member of the Honor Platoon and subsequently completed Marine Basic Combat Training at Camp Lejeune, NC May 1995.  Upon reporting to my reserve unit (MWSS 474, 4th MAW), I immediately encountered problems that directly impacted the progress of my education.  These included chronic delays in receipt of drill pay (on one occasion, a delay of 9 months), organizational loss of my medical records, and the scheduling of drills and active duty periods that conflicted with my schooling.  A three hour commute to the drill site (Sunderland, MA to NAS South Weymouth, MA) made it initially difficult to attend drills and my subsequent application for an inter-service to transfer to a local National Guard unit was denied.  Although MWSS 474 ultimately moved (to Chicopee, MA) closer to my residence, problems with attendance were aggravated by a weather related accident (on my way to attend a drill) that demolished my car.
Why an upgrade or change is requested and justification for the request.
With no personal transportation means and no nearby fellow reservists with whom I might carpool attending drills became extremely difficult.  After approximately two years of affiliation, the Marine Corp reserve unit’s schedule and requirements were proving to be more an obstacle than an aid to successfully completing my education.  I felt it necessary to terminate my reserve participation to facilitate completing my undergraduate degree.  It is significant that my GPA improved markedly after I stopped participating in reserve drills.  I graduated from University of Massachusetts, Amherst (19980901) with a Bachelors of Arts degree in History and am now employed overseas as an elementary school level English teacher.”

Documentation

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

Transcript from University of Massachusetts Amherst printed July 24, 2001
Letter from University of Massachusetts Amherst, dated July 15, 1998
Applicant’s DD Form 214 dated July 07, 1995
Commonwealth of Massachusetts, police report of motor vehicle accident, dated January 25, 1997 (3 pages)
History and physical examination from Holyoke Hospital Inc., dated January 25, 1997 (7 pages)

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:  940722		Date of Discharge:  980810

Length of Service (years, months, days):

	Active:    00  04  10
	Inactive:  03  08  09

Age at Entry:  19			Years Contracted:  8

Education Level:  13			AFQT:  90

Highest Rank:  LCpl			MOS:  5700

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.5 (4)			Conduct:  4.5 (4)

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM 

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:

940722:	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.

980208:	Letter of intent to administratively separate under other than honorable conditions for the unsatisfactory participation due to excessive unexcused absences was sent via certified mail, return receipt requested.  The Applicant was notified the least favorable characterization of service possible was under other than honorable conditions.  Applicant receipted for letter by return signature but failed to acknowledge the contents.  

980501:	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 from 960712 to 971214 you have accumulated twenty-seven unexcused absences.

980612:	SJA review determined the case sufficient in law and fact.

980629:	GCMCA [Commander, Marine Forces Reserve] directed the Applicant's discharge under other than honorable conditions 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 19980810 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.  An under other than honorable conditions discharge is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record.  The Applicant’s service was marred by twenty-seven unexcused absences from drill.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Marine Corps and falls far short of that required for an upgrade of his characterization of service.  Relief is not warranted.

The Applicant contends that, “I made it clear to my recruiter that financial reasons made completing my undergraduate education my first priority,” and that he, “encountered problems that directly impacted the progress” of his education.  He cites delays in drill pay, loss of medical records and his unit’s drill schedule as impacting directly on his education.   The Applicant also cites a three-hour commute to attend his drills as a mitigating factor.  The Applicant signed a contract on 19940722 stipulating his participation requirements as a member of the Ready Reserve.  This contract included acknowledgement of his Reserve unit’s location in South Weymouth, MA and his drill obligations.  While he may feel that his educational pursuits were the underlying cause of his failure to participate in the Ready Reserve, the record clearly reflects his willful failure.  The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions.  Relief denied.

Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question.  The Board discovered no impropriety after a review of Applicant’s case.  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 naval service.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  Examples of documentation that should be provided to the Board include proof of verifiable employment records, documentation of community service and certification of non-involvement with civil authorities.  As of this time, the Applicant has not provided sufficient documentation for the Board to consider.  Relief denied.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of 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 1995 until 31 Aug 2001. 

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 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

E.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

F.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

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 “http://Boards.law.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:

		Secretary of the Navy Council of Review 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.