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USMC | DRB | 2000_Marine | MD00-00397
Original file (MD00-00397.rtf) Auto-classification: Denied


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

ex-PVT, USMCR
Docket No. MD00-00397

Applicant’s Request
The application for discharge review, received 000208, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant requested a documentary record discharge review. The applicant listed AMERICAN LEGION as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000919. 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) As the documentary evidence of record supports, this former member opines that his post service conduct has been sufficiently creditable to warrant the Board's clemency relief as authorized under provision of SECNAVISNT 5420.174C, enclosure (1), paragraph 9.3.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from applicant
Angel Aviation Flier
Aviation Safety-Education Seminar Flier
Letter from applicant (2pgs)
Copy of Employee Performance and Counseling Review
Copies of Employee Resume and Performance Evaluation (2)
Copy of Evaluation from Commanding Officer
Copy of Conduct and Proficiency Report
Copy of Letter for Recommendation
Reference Letter from Pastor
Letter to American Legion

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: 861115               Date of Discharge: 910730

 Length of Service (years, months, days):

         Active: 00 07 01
         Inactive: 04 01 15

 Age at Entry: 24                          Years Contracted: 8

 Education Level: 12                        AFQT: 63

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.74 (7)             Conduct: 4.74 (7)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Marksman Badge

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 :

861114:  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.

870108:  Reported for Initial tour of active duty for training.

870808:  Released from initial tour of active duty for training, having completed
7 months and 1 day of active service and received an "honorable" characterization of service.
880705:  Applicant's Request for Interservice Transfer returned to applicant for endorsements via the chain of command.

900711:  Letter of intent to administratively reduce for unsatisfactory participation was sent via certified mail on 23 May 90 return receipt requested affording Cpl (Applicant) an opportunity to make a statement.

900711:  Letter of intent to administratively reduce for unsatisfactory participation was sent via certified mail on 6 Jun 90 return receipt requested affording Cpl (Applicant) an opportunity to make a statement.

900813:  Advised eligible but not recommended for promotion to Cpl for the promotion period Oct 90 because of recent UA, and unsat drill participation.

910123:  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. Correspondence "Returned to Sender".

910202:  Letter of intent to administratively reduce for unsatisfactory participation was sent on 910202 affording LCpl (Applicant) an opportunity to make a written statement. LCpl (Applicant) did not make a statement.

910302:  Letter of intent to administratively reduce for unsatisfactory participation was sent on 910302 affording Cpl (Applicant) an opportunity to make a statement. LCpl (Applicant) did not make a statement.
910616:  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 due to excessive unexcused absence.

910718:  SJA review determined the case sufficient in law and fact.



910719:  GCMCA [CG, 4

 TH MARDIV (REIN)] directed the applicant's discharge under conditions other than honorable by reason of misconduct due to failure to participate (Reserve not on active duty) (admin discharge board required but waived).

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 910730 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’s representative submitted the following as issue 1: (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. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (B, Part IV). However, 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, is considered. In reviewing the applicant’s post service, the Board was impressed with the efforts he has begun to make in attempting to recoup his reputation which has sullied by his misconduct in the Marine Corps. However, t he applicant's efforts need to be more encompassing than those provided. The applicant should have produced evidence of continuing educational pursuits, more verifiable employment records and certification of non-involvement with civil authorities in order for consideration for clemency based on post-service conduct. At this time the applicant has not provided sufficient documentation of good character and conduct. Therefore no relief will be granted. He is highly encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. 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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