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

FOR OFFICIAL USE ONLY

 ex-LCpl, USMCR
Docket No. MD06-00752

Applicant’s Request

The application for discharge review was received on 20060509.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “Entry Level Separation.”  The Applicant requests a documentary record discharge review.  The Applicant designated a private representative as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20070322.  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 and the reason for discharge shall not change.  The discharge shall remain Under Other Than Honorable Conditions by reason of unsatisfactory participation in the Ready Reserve.

PART I - ISSUES AND DOCUMENTATION

Decisional Issues:

Propriety – Administrative error

Applicant’s Remarks:  

“ If an appearance before the Board in Washington, DC is requested by the Board, I hereby authorize my father, LTC R_ D. H_ (contact info provided in #10a) to represent me.  He is currently stationed in Washington, DC in the Office of the Joint Chief of Staff, Pentagon and is more readily available to appear before the Board on short notice.”

Documentation

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

Ltr from Commanding General, Headquarters, Fourth Marine Division, dtd October 30, 	2003
Copy of Envelope mailed out to Applicant by I & I Staff Baltimore, dtd November 4, 	2003
Ltr from Applicant, dtd April 3, 2006 (2 pages)
Ltr from Applicant, dtd April 3, 2006 (2 pages)
Ltr from Applicant, dtd April 19, 2006

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Inactive:  USMCR (DEP)	20000131 - 20000213	COG
	Active:    USMCR	20000214 – 20000905	HON (IADT)

Period of Service Under Review:

Date of Enlistment:  20000214		Date of Discharge:  20031030

Length of Service (years, months, days):

Active:    00 06  22  
	Inactive:  03 02 29

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  20

Years Contracted:  6

Education Level:  12				AFQT:  57

Highest Rank:  LCpl				MOS:  1371

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.5 (8) 				Conduct:  4.5 (8) 

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214):  Rifle Expert Badge

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:

Undated:	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.

000214:	Applicant reported for initial tour of active duty for training.

000801:	Applicant released from initial tour of active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.

011216:	Counseling:  Advised of deficiencies in performance and conduct (Failure to report for duty on a timely manner on 011216.), necessary corrective actions explained, sources of assistance provided, disciplinary and/or limitation of further service.

031030:	Commanding General, Headquarters, Fourth Marine Division, letter of endorsement on Commanding Officer, Headquarters and Service Company, Fourth Combat Engineer Battalion, Fourth Marine Division ltr 1900 of 28 October 2003, directed the Applicant's discharge under other than honorable conditions by reason of unsatisfactory participation in the Ready Reserve.

Service Record Book contains a partial Administrative Discharge package. 
Service Record was missing elements of the Summary of Service. 

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20031030 by reason of unsatisfactory participation in the Ready Reserve (A, B, and C) with a service characterization of under other than honorable conditions.  After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (D and E).  The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (F).

In the absence of a complete discharge package, the Board presumed regularity of governmental affairs.  As such, the Board presumed that the Applicant was notified of the Commanding Officer’s intent to recommend his administrative discharge by reason of unsatisfactory participation in the ready reserve; that the Applicant responded to the notification with an acknowledgement of rights or that the Applicant failed to respond to the notification and thereby waived all his rights.  The CGMCA directed the Applicants discharge by reason of unsatisfactory participation in ready reserve, separation code HSG1 (board waived) with a characterization of other than honorable.  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.  Relief denied.

Propriety – Administrative error:  The Applicant contends that his command did not properly effect his transfer to another unit resulting in his discharge.

In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge proper and equitable.   The record shows that the Applicant was joined to Headquarters and Service Company, Fourth Combat Engineer Battalion, Fourth Marine Division on 20020623.  The record also shows that the Applicant was administratively discharged from that same unit on 20031030.  There is no indication in the record to support his contention, nor did the Applicant provide evidence, that he was discharged as a result of an administrative error.  The Board presumes regularity in the conduct of governmental affairs in the absence of persuasive evidence to the contrary.  As such, this Board presumed that Applicant’s discharge was regular in all respects.  Relief denied.  

Narrative Reason - The Applicant requested that the reason for his discharge be changed to Entry Level Separation.  

The NDRB, under its responsibility to examine the propriety and equity of a discharge, will change the reason for discharge if such a change is warranted.  By regulation, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation characterization of service.  On 20000905, the Applicant received an honorable discharge for the completion of his initial active duty training.  The Applicant had served over 6 months and was no longer in an entry level status, therefore he was ineligible for an entry level discharge.  To change the Narrative Reason Separation would be inappropriate.

Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code.  An unfavorable “RE” code is, in itself, not a bar to reenlistment.  A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

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.  The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this 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 01 Sep 2001 until Present.

B.  Marine Corps Reserve Administrative Management Manual, MCO P1001R.1, Chapter 3, Reserve Participation and Administrative Procedures, paragraph 3300.

C.  Table 6‑1 of the Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 01 Sep 2001, 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 V, Para 502, Propriety.

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

F.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs.  

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