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USMC | DRB | 1999_Marine | MD99-00280
Original file (MD99-00280.rtf) Auto-classification: Denied


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

ex-Pvt, USMCR
Docket No. MD99-00280

Applicant’s Request
The application for discharge review, received 981217, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 991213. 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

1.       The decision to leave reserve status without formal notice, was an inappropriate decision that only I made. However, at that time, I had been urgently requesting options that may have allowed me to reduce or cease my obligations to the Reserves. There were mitigating circumstances which were weighing heavily on me, and I felt I needed to relieve some obligations.
2.       I was, in all truth, under a great deal of stress. I had noted that my performance in School, work, and Reserve was poor. I had recently broken my engagement to be married. I had also lost both of my Grandparents recently. I started having trouble at work, and I was placed on extended probation.
3.       I should have made a better decision before leaving the Reserves. It should be noted however, that things did improve greatly for me afterwards. My education and employment achievements have been rewarding to me. Things have improved to the point that I no longer feel a burden. With the discharge that I have received, it is difficult to go further in my career.
4.       Up to the point when I left the Reserves, I had participated with full interest in the training that was provided by the Marine Reserve. I maintained Rifle Expert, and First class Physical Fitness. Up to the point when I found it to be difficult to maintain motivation, I continued to perform all my duties.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Casework Request Form to Congressman M____ N_____
Letter from applicant (2pgs)
Letter from Congressman M_____ N_____
Response Letter from M&RA
Administrative Discharge Letters (2)
Transcript from Blackhawk Technical College (4pgs)

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR           910715 -910923   COG

 Period of Service Under Review :
Date of Enlistment: 910924               Date of Discharge: 960718

Length of Service (years, months, days):

         Active: 00 06 18
         Inactive: None

 Age at Entry: 18                          Years Contracted: 6

 Education Level: 12                        AFQT: 81

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.40 (7)             Conduct: 4.4(7)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Expert Badge, 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 :

910715:  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.

910924:  Report to IADT.

920411:  Released from active duty with an Honorable discharge by reason of completion of required active service (USMCR) IADT and transferred to the Selected Marine Corps Reserve (SMCR).

940109:  Commanding officer notified the applicant of unsatisfactory drill participation via certified letter.
940313:  Counseled concerning the following deficiencies. Failure to attend re gular scheduled IDTS. Specifically 4 unexcused drills on 8-9 Jan 94. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940729:  Reported to active duty for training.

940813:  Active duty

950918:  Commanding officer notified the applicant of unsatisfactory drill participation via certified letter.

951218:  Commanding officer notified the applicant of unsatisfactory drill participation via certified letter.

951218:  Acknowledged receipt of the Notification of Deficient Performance and Conduct.

951218:  Acknowledgement of Notification of intent for Administrative Reduction to Private.

960130:  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 but failed to acknowledge the contents. [The failure to acknowledge official certified mail constitutes acknowledgement and waiver of all rights (MARCORSEPMAN par. 6303)]

960425:  Commanding Officer recommended discharge under other than honorable conditions by reason of unsatisfactory participation.

960709:  SJA review determined the case sufficient in law and fact

960709:  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.

960718:  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 Fourteen (14) unexcused absences from Inactive Duty Training (IDT) periods and thirty (30) unexcused absences from monthly drill.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960718 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).

 The applicant provided four (4) issues which explain why he did not attend scheduled drills and why he desires a discharge upgrade; none of the issues are decisional. The applicant is correct when he states his record of service was satisfactory until he decided to no longer attend drills. For the Board t o permit relief, an error or injustice must be found to have existed during the period of enlistment under review. There was nothing in the records, nor did the applicant provide any documentation, to indicate there existed an error of fact, law, procedure, or discretion at the time of discharge. There was no basis for relief in this case.

The following is provided for the applicant’s edification. The Board is authorized to consider post-service factors in the recharacterization of a discharge (E). The applicant must be aware that 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 the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the Board. The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.


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 61 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 obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809

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
                  Washington Navy Yard
                  720 Kennon St SE Rm 309
                  Washington, D.C. 20374-5023     


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