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USMC | DRB | 1999_Marine | MD99-00795
Original file (MD99-00795.rtf) Auto-classification: Denied


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

ex-PFC, USMCR
Docket No. MD99-00795

Applicant’s Request
The application for discharge review, received 990518, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing review. The applicant listed a Civilian Counsel, as his representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000512. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an impropriety or inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall change. The discharge shall change to:HONORABLE/SECRETARIAL AUTHORITY, authority: MARCORSEPMAN 6214.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. My General discharge under Honorable Conditions should be upgraded to an Honorable Discharge because my AWOL's from drill weekends were caused by an administrative misunderstanding concerning my Request for Inter-Service Transfer. (FACTUAL BACKGROUND AND ARGUMENT provided.)

2. My discharge under Honorable conditions should be upgraded to an Honorable Discharge because I was unable to serve, even though I desired to, because of my change of residence and my father's terminal cancer. (Explanation provided.)

3. My General Discharge under Honorable Conditions should be upgraded to an Honorable Discharge because I have been a good citizen since my discharge and because the characterization of my discharge is preventing me from pursuing a career as a Delaware State Police Officer. (Explanation provided.)

4. My General Discharge under Honorable Conditions should be upgraded to an Honorable Discharge because the Applicant received erroneous information at the time of his enlistment. (Explanation provided.)

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
USMC Certificate of Acceptance dated 17OCT95
Orders to recruit depot dated 27DEC95
Orders to Marine Combat Skill Training Course dated 12MAR96
Orders to Reserve Entry level Training dated 19APR96
Release from Initial Active duty Training dated 17JUL96
Military Police AIT Diploma dated 19JUL96
DD Form 214 with release date 20JUL96
Reporting Endorsement dated 22JUL96
Promotion to Lance Corporal dated 1SEP96
Notification of Discharge Proceedings dated 26OCT97
Acknowledgement of Rights Form dated 18NOV97
Personal Statement of applicant undated
Letter from Division of State Police dated 5MAR98
Applicant's undated letter to State Police
Notification of Intent for Administrative Reduction dated 30MAR98
Administrative Reduction Order dated 28APR98
Unsatisfactory participation Notice dated 14JUN98
Approval of Administrative Discharge dated 27JUL98
Unsatisfactory participation Notice dated 3AUG98
General Discharge under Honorable Conditions dated 10AUG98
Notice of Discharge dated 13AUG98
Applicant's letter to State Police dated 18SEP98
Letter from Division of State Police dated 11NOV98
Letter from DR M_ T. D_ dated 25JAN99 concerning applicant's father

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: 951017               Date of Discharge: 980810

 Length of Service (years, months, days):

         Active: 00 06 24
         Inactive: 02 06 00

 Age at Entry: 23                          Years Contracted: 8

 Education Level: 16                        AFQT: 81

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMF                           Conduct: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Marksmanship Badge, Pistol Marksmanship Badge

Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/UNSAT PARTICIPATION IN READY RESERVE; authority: MARCORSEPMAN 6213.

 Chronological Listing of Significant Service Events :

951227:  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.

951227:  Reported for Initial Active Duty for Training.

960720:  Completed IADT and released from active duty.
971026:  Letter of intent to administratively separate with the least characterization of service being under other than honorable conditions for the failure to participate in reserve training was sent via certified mail, return receipt requested.
971118:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to submit a statement of rebuttal and to obtain copies of the documents used to support the basis for the separation.

97XXXX:  Applicant's letter of rebuttal to the Commanding Officer.

980330:  Notification letter of intent for administrative reduction for unsatisfactory participation (missed 12 drills) via certified mail (applicant did not provide statement).

980428:  Administratively reduced to PFC (E-2).

980614:  Commanding officer notified the applicant of unsatisfactory drill participation and issued discharge warning.

880812:  SJA review determined the case sufficient in law and fact.

980727:  GCMCA [Commander, Marine Forces Reserve] advised CMC that applicant's discharge was approved and directed with a general (under honorable conditions) by reason of failure to participate Reserve not on Active Duty (board waived).

980803:  Commanding officer notified the applicant of unsatisfactory drill participation and issued discharge warning.

980813:  Applicant notified that he was discharged as of 10 Aug 1998 with a General Under Honorable Conditions due to failure to participate in Reserve.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980810 with a General (Under Honorable Conditions) 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 not proper or equitable (E and F).

In the applicant’s issues, the Board found that the applicant did in fact move away from Pennsylvania to Deleware, and that his command was notified of the move. It further found out that the command did not process his request for inter-unit transfer at the time of his move. A telephone conversation with GySgt V__ the command’s admin chief, indicated that the CO required all those Marines moving out of his area to continue drilling with them, a direct violation of the MCRAMM. The command did not process the applicant as required. Relief granted.

 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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