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

Docket No. MD05-00351

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

ex-PFC, USMCR
Docket No. MD05-00351

Applicant’s Request

The application for discharge review was received on 20041215.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record 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 20050214.  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 feel that I was young and stupid.  I made a terrible mistake that will follow me through my life.  I am currently applying for a job with a police department, a job I feel I am now mature enough to handle and serve.”

Documentation

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

None were submitted

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:  950822			Date of Discharge:  990311

Length of Service (years, months, days):

	Active:    00  05  12
	Inactive:  03  01  07

Age at Entry:  17 (Parental Consent)		Years Contracted:  8

Education Level:  12				AFQT:  64

Highest Rank:  PFC				MOS:  0311

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  2.2 (4)				Conduct:  2.2 (4)

Military Decorations:  None

Unit/Campaign/Service Awards:  RSB

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:

951118:	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.

960729:	Applicant reported for initial tour of active duty for training.

970110:	Applicant released from initial tour of active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.

970906:	Counseled for deficiencies in performance and conduct.  [Two missed drills for the month of 6Sep97.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  Applicant failed to sign entry due to being unavailable for signature.

980226:	Counseled for deficiencies in performance and conduct.  [Five missed drills for the month of 23-25Jan98.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  Applicant failed to sign entry due to being unavailable for signature.

980305:	Counseled for deficiencies in performance and conduct.  [Five missed drills for the month of 6-8Feb98.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant failed to sign entry due to being unavailable for signature.

980312:	Counseled for deficiencies in performance and conduct.  [Five missed drills for the month of 6-8Mar98.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.   Applicant failed to sign entry due to being unavailable for signature.

980423:	Counseled for deficiencies in performance and conduct.  [Five missed drills for the month of 17-19Apr98.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  Applicant failed to sign entry due to being unavailable for signature.

980507:	Counseled for deficiencies in performance and conduct.  [Five missed drills for the month of 1-3May98.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant failed to sign entry due to being unavailable for signature.

980611:	Counseled for deficiencies in performance and conduct.  [Five missed drills for the month of 5-7Jun98.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant failed to sign entry due to being unavailable for signature.

980716:	Counseled for deficiencies in performance and conduct.  [Five missed drills for the month of 10-12Jun98.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  Applicant failed to sign entry due to being unavailable for signature.

980827:	Letter of intent dated 980826 to administratively separate under other than honorable conditions for the failure to participate in reserve training was sent via certified mail, return receipt requested.  

980918:	Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

980922:	Counseled for deficiencies in performance and conduct.  [Three missed drills for the month of 18-19Sep98.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  Applicant failed to sign entry due to being unavailable for signature.

981001:	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 unsatisfactory participation status by failing to attend 35 scheduled drills.

990305:	SJA review determined the case sufficient in law and fact.

990305:	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 19990311 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 his failure to participate in more than 35 scheduled drill periods.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable or under honorable (general) characterization of service.  The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions.  An upgrade is inappropriate.  Relief denied.

The Applicant’s discharge characterization accurately reflects his service to his country.  Normally, to permit relief, an inequity or impropriety must have existed during the period of enlistment in question.  No such inequity or impropriety 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, to enhance employment opportunities, or for 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 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.