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USMC | DRB | 2000_Marine | MD00-00636
Original file (MD00-00636.rtf) Auto-classification: Denied


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




ex-PFC, USMCR
Docket No. MD00-00636

Applicant’s Request
The application for discharge review, received 000417, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing discharge review before a traveling panel closest to Boston, MA. The applicant did not designate a representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) did not travel and all personal appearance hearings are held in the Washington National Capital Region. Subsequent to the application, the applicant obtained representation from a civilian counsel.

Decision

A personal appearance hearing review was conducted in Washington, D.C. on 010418. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the 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. The character of my discharge was inequitable because (a) my youth (18) and circumstances (high school dropout) at enlistment prevented me from making a mature choice regarding enlistment and the responsibilities and expectations related to military service.

2. The character of my discharge was inequitable because, during boot camp in 1985, I reacted to being trained to kill and the idea of being ordered to kill and twice tried unsuccessfully to terminate my military service obligation, but I still finished training because I didn’t want to be a quitter and then, after I left active duty, my inexperience and immaturity caused me to end my military service inappropriately by simply not going to Reserve meetings.

3. The character of my discharge was inequitable because I completed boot camp and subsequent active duty training with no lost time or misconduct events during active duty and I received an honorable discharge upon completion of active duty for training.

4. The character of my discharge was inequitable because the quality of my post-service accomplishments (educational, personal, professional), as documented, indicate that I am now a mature and responsible citizen and that my discharge should be upgraded by direction of SECNAV.

5. The reason for discharge (Reserve nonparticipation) was inequitable for the same reasons that the character of my discharge was inequitable and the revised reason for my discharge should be: By Direction of SECNAV.



 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Copy of DD Form 214 (2 copies)
Package submitted by applicant and his representative

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: 840416               Date of Discharge: 850412

 Length of Service (years, months, days):

         Active: 00 05 15
         Inactive: 00 08 23

 Age at Entry: 18                          Years Contracted: 6

 Education Level: 11 (GED)                 AFQT: 88

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.62 (5)             Conduct: 3.72 (5)

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Failure to participate (Res not on active duty) admin discharge board required but waived; authority: MARCORSEPMAN 6213.

 Chronological Listing of Significant Service Events :

840416:  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.

 840425:  Reported initial active duty for training.

 840928:  Released from initial active duty for training and transferred to the Marine Corps Reserve. Served 5 months, 3 days of active duty for training and received an "Honorable" characterization.

850212:  Counseled for unsatisfactory performance due to repetitive absenteeism from prescribed training. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not present for counseling. Counseling conducted via mail. Counseling letter mailed this date.

850212:  Letter of intent to administratively separate under other than honorable conditions for the failure to participate in reserve training was mailed this date to applicant's lost known home address via certified mail #P 620 314 685, return receipt requested. Applicant receipted for letter on 850219. [The failure to acknowledge official certified mail constitutes acknowledgement and waiver of all rights (MARCORSEPMAN par. 6303)]
8503xx:  SJA review determined the case sufficient in law and fact. (EXTRACTED FROM GCMCA LETTER OF 27 MAR 85.)

850327:  GCMCA [CG, 4 th Marine Division (Rein), FMF, USMCR, New Orleans, LA] directed the applicant's discharge under conditions other than honorable by reason of failure to participate (Reserve not on active duty).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 850412 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 and 2, the Board found that the applicant's age, education level, and test scores qualified him for enlistment. While he may feel that his immaturity was a factor that contributed to his failure to participate in the reserves, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service. In addition, if the applicant felt that he could not follow orders to “kill” then he should have sought a discharge as a ‘conscientious objector’ vice non-participation in reserve drills. The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions. The Board will not grant relief concerning these issues.

In response to applicant’s issue 3, the DD Form 214 the applicant received upon completion of active duty for training was not a final discharge. The form only represents a release from the applicant’s initial tour of active duty to begin his reserve commitment. The Board sees no reason to grant relief concerning this issue.

In response to applicant’s issue 4, the Board was very impressed with the applicant’s employment history and his efforts to further his education. However, the Board does not consider the applicant’s post-service accomplishments to be of a sufficient nature to exculpate the applicant from his willful failure to participate in reserve drills that he knew he should be attending. The Board will not grant relief on the basis of this issue.

In response to applicant’s issue 5, the NDRB, under its responsibility to examine the propriety and equity of an applicant's discharge, will change the reason for discharge if such a change is warranted. The applicant failed to participate in required reserve training constituting a blatant violation of the UCMJ. The applicant's DD Form 214, Block 26, Separation Code, indicates he was separated for failure to participate (Reserve not on active duty). No other Separation Code, or Narrative Reason for Separation could more clearly describe why the applicant was discharged. To change the Separation Code, or the Narrative Reason Separation would be inappropriate. Relief denied.



 Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6213 of the Marine Corps Separation and Retirement Manual, (MCO P1900.16C, effective 15 Apr 84 until 26 Jun 89) states that a Marine may be separated for unsatisfactory participation in the Ready Reserve under criteria established in MCO P1001R.1E.

B. Marine Corps Reserve Administrative Management Manual, MCO P1001R.1E.

C. Table 6-1, Guide for Characterization of Service, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16C, effective 840415 until 890626).

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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