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USMC | DRB | 2000_Marine | MD00-00449
Original file (MD00-00449.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD00-00449

Applicant’s Request
The application for discharge review, received 000222, 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 000928. 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 (verbatim)

1. Parents divorce

2. Grandfather's death

3. Fiancée’s breaking off of engagement

4. Medical condition
 REQUEST FOR CHANGE
 I am writing to request a change in my status on my discharge papers.
I would like to change my status from Other Than Honorable to Honorable.
The year 1993 was the worst year of my life.
On February 14, 1993, my parents separated after 25 years of marriage. I was devastated. I thought I had lived in a happy home. I never realized there was a problem. All of my childhood values had been destroyed. Love, commitment, communication, loyalty were gone. On June 20, 1993, Father's Day, my beloved grandfather died. At this point in my life my grandfather was the only strong, male, fatherly figure in my life and now he was gone. In four months I had lost two very important people in my life, one to divorce and one to death. I was having a very difficult time dealing with my life. Each day became harder and harder to get through. Some days I never got out of bed. However, God wasn't through with me yet. He had one more blow to deliver. My fiancée broke off our engagement. It was more than I could handle. I guess I had a mini nervous breakdown. I don't remember much of the following month or so. I didn't eat, sleep, or work. I checked out of life for a while. Living life was to painful. Nothing meant anything to me. Because of the above mentioned events in my life I feel I was unable to make rational decisions.
Any consideration you can give me regarding my request for change of status from Other Than Honorable to Honorable would be greatly appreciated.
Sincerely,
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Copy of Standard Form 180

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              900612 - 900901  HON
         Inactive: USMCR(J)                891028 - 900611  COG

 Period of Service Under Review :
Date of Enlistment: 900612               Date of Discharge: 940505

 Length of Service (years, months, days):

         Active: 00 02 19
         Inactive: 03 08 15

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 12                        AFQT: 44

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (8)                       Conduct: 4.3 (8)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, MUC

 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 :

900612:  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.

900902:  Released from initial active duty for training.

931113:  Counseled for deficiencies in performance and conduct. [Your unexcused absences from scheduled IDT's on 930827 (1), 930828 (2), 931113 (1).] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

931114:  Counseled for deficiencies in performance and conduct. [Tardiness from inactive duty training.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940305:  Commanding officer notified the applicant of unsatisfactory drill participation via certified letter.
940323:  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)]
940323:          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 obtain copies of the documents used to support the basis for the separation.

940323:  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 your unsatisfactory participation status by failing to attend scheduled IDT's on 930827 (1), 930828 (2), 930829 (2), 931113 (1), 931213 (2), 931220 (2), 931227 (1) 940204 (1), 940205 (2), and 940206 (1).

940505:  SJA review determined the case sufficient in law and fact.

940505:  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 940516 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 response to applicant’s issues 1-3, the Board found nothing in the records nor did the applicant submit any supporting documentation that showed that his personal problems were of sufficient magnitude that they could not be resolved through standard military channels or by the applicant's chain of command. In fact, the Board found that the applicant's age, education, test scores, prior service, promotions and awards were sufficient to qualify him for enlistment. The Board will not grant relief on the basis of these issues.

In response to applicant’s issue 4, the Board found no official documentation of the applicant’s alleged “medical condition” or “mini nervous breakdown”. The Board does not consider the circumstances surrounding the applicant’s “condition” to be of sufficient nature to exculpate the applicant from his misconduct of record. 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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