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USMC | DRB | 2000_Marine | MD00-00299
Original file (MD00-00299.rtf) Auto-classification: Denied


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

ex-PFC, USMCR
Docket No. MD00-00299

Applicant’s Request
The application for discharge review, received 991228, requested that the characterization of service on the discharge be changed to Honorable. The applicant requested a documentary record discharge review. The applicant listed the American Legion as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000831. 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/Failure to Participate (Reserve not on active duty) (administrative discharge board required but waived), authority: MARCORSEPMAN 6213.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. (Equity Issue) This former member contends that he thought that he had been transferred to the inactive reserves due to childcare problems and did not willfully miss his scheduled drills. On this basis, he opines that upgrade of his character of service is warranted.

2. (Equity Issue) This former member further requests that the Board include provisions of SECNAVINST 5420.174C., enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of his application.

 Documentation
In addition to the service record, the following g additional documentation, submitted by the applicant, was considered:
Statement from applicant dated December 7, 1999
Copy of applicant's resume
Letter of recommendation to Plantation Police Department dated August 6, 1999
Letter of recommendation to Sunrise Police Department dated August 6, 1999
Letter of recommendation dated August 4, 1999
Letter of recommendation to Plantation Police Department dated August 3, 1999
Letter of recommendation dated August 4, 1999
Letter of recommendation dated August 5, 1999
Certificate of Achievement dated August 19, 1999
Certificate for Basic Correctional Officer Training dated April 22, 1994
Copy of Basic Recruit Certificate dated April 27, 1994
Copy of Advanced Training Certificate dated February 13, 1998
Certificate of Completion of Sex Crimes Investigation Seminar dated February 13, 1998
Certificate of Achievement dated February 13, 1998
Certificate of Completion dated January 30, 1998
Certificate of Completion dated November 30 - December 3, 1999
Certificate of Completion dated February 23, 1998
Certificate of Completion dated November 13, 1998

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: 920117               Date of Discharge: 940608

 Length of Service (years, months, days):

         Active: None
         Inactive: 02 04 23

 Age at Entry: 19                          Years Contracted: 8

 Education Level: 12                        AFQT: 33

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (5)                       Conduct: 4.3 (5)

 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/Failure to Participate (Reserve not on active duty) (administrative discharge board required but waived); authority: MARCORSEPMAN 6213.

 Chronological Listing of Significant Service Events :

910725:  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.
910725:  Applicant reported for initial tour of active duty for training.

920116:  Applicant released from initial tour of active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.

931205:  Counseled for deficiencies in performance and conduct. [Reporting in an unserviceable uniform.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940310:  Commanding officer notified the applicant of unsatisfactory drill participation via certified letter.
940310:  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. [The failure to acknowledge official certified mail constitutes acknowledgement and waiver of all rights (MARCORSEPMAN par. 6303)]
940310:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ, Article 27B, elected to waive all rights.

940311:  Sergeant K_ made personal visit to applicant's last known given address. No one was home. The member’s failure to claim his package constitutes a waiver of his rights.

940316:  Administrative Chief mailed original notification of separation proceedings and acknowledgement of rights form by certified mail.
940408:  Applicant was administratively reduced to the grade of Private First Class, effective 1 January 1992.

940519:  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 unexcused drills on 19 Sep 93, 4, 5 Dec93 and 5, 6 Feb94.

940527:  SJA review determined the case sufficient in law and fact. [If discharged UOTHC]

940531:  GCMCA [Commanding General, Marine Reserve Force] 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 940608 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).

In the applicant’s issue 1, the Board determined this issue is without merit. The applicant he thought he had been transferred to the inactive reserve due to childcare problems and did not willfully miss his scheduled drills. There is no evidence in the applicant’s service record nor did the applicant provide any documentation to show he attempted to resolve his childcare issues through his chain of command or that his chain of command was even aware of these issues. There is evidence that the applicant missed his reserve drills. The discharge was proper and equitable. Relief denied.

In the applicant’s issue 2, the Board determined this issue is without merit. The applicant petitions that his post-service conduct warrants upgrading his discharge. The applicant’s post-service documentations list his employment history. Maintaining employment is not sufficient justification to upgrade an individual’s discharge. There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct, subsequent to leaving military service. The NDRB reviews the propriety (did the Navy follow its own rules in processing the applicant for discharge) and equity (did the applicant receive a discharge characterization in keeping with Navy guidance or was the characterization typical of other service members being separated for the same reason) of each applicant’s discharge to determine if proper procedures were followed. This applicant’s discharge was proper and equitable . Additionally, the NDRB is authorized to upgrade a discharge based on post-service factors (what has the applicant done since discharge to become a contributing member of his/her community and to society in general). Those factors include but are not limited to the following: Evidence of continuing educational pursuits (transcripts, diploma, degree or vocational-technical certificates), a verifiable employment history (letter of recommendation from employer), documentation of community service (letter from activity/community group), certificate of non-involvement with civil authorities (police records check) and proof of not using drugs (detoxification certificate). The applicant did not provide sufficient documentation to demonstrate good character and conduct. The applicant is encouraged to continue to establish a reputation of good character and document his accomplishments. Documentation to support any claim of good character is a must to receive any consideration based on post-service achievements . The applicant remains eligible for a personal appearance hearing, to discuss his post-service accomplishments, provided an application is received by the NDRB within fifteen years from the date of his discharge. Legal representation at the hearing is advisable. Relief denied.
Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6213 of the Marine Corps Separation and Retirement Manual, (MCO P1900.16D, effective 890627 until 950817) states that a Marine may be separated for unsatisfactory participation in the Ready Reserve under criteria established in MCO P10014.1.
B. Marine Corps Reserve Administrative Management Manual, MCO P10014.1.

C. Table 6-1, Guide for Characterization of Service, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16D, effective 890627 until 950817).

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 view DoD Directive 1332.28 and other Decisional Documents by going online at “ afls14.jag.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:

                  Naval Council of Personnel Boards
                  Attn: Naval Discharge Review Board
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023      


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