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USMC | DRB | 2000_Marine | MD00-00761
Original file (MD00-00761.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD00-00761

Applicant’s Request
The application for discharge review, received 000523, requested that the characterization of service on the discharge be changed to honorable, or general/under honorable conditions, or entry level separation, or uncharacterized but would prefer honorable. The applicant requested a documentary record discharge review. The applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 001201. 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/UNSAT PARTICIPATION IN READY RESERVE, authority: MARCORSEPMAN 6213.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues
1. My father was a Vietnam Veteran in the Marine Corps. He was diagnosed with Bladder Cancer in March of 1988. I missed drills at my Reserve Center, so, I could take care of him. The Reserves Center discharged me Other Than Honorable. I believe I deserve an upgrade to General discharge. I did all my active duty with no problem. MSGT Z_ was my unit leader and he can speak on my behalf of my good conduct. Respectfully,

2. If I can get this upgraded my Reserve Unit will take me back. They never had a problem with me.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
USMC Certificate (School of Infantry) dtd 7 Jan 98
USMC Certificate of Training (Motor Transport Operator Crs) dtd 26 Feb 98
Newspaper article concerning Applicant and Family
Applicant's ltr to the Board
Applicant's application to BCNR dtd 16 Mar 2000
Discharge package and authority (2 pages)
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: 970221               Date of Discharge: 990420

 Length of Service (years, months, days):

         Active: 00 05 20
         Inactive: 01 08 10

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 12                        AFQT: 53

 Highest Rank: Pvt

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.1 (2)                       Conduct: 4.1 (2)

 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/UNSAT PARTICIPATION IN READY RESERVE; authority: MARCORSEPMAN 6213.

 Chronological Listing of Significant Service Events :

970908:  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.

970908:  Commenced Initial Active Duty for Training (IADT)

980227:  Released from IADT having served 5 months 20 days and received "honorable" characterization of service.

981111:  Letter mailed to applicant concerning the missed drills: 980425, 980426, 980912, 980913, 981002, 981003, 981004, 981107, 981108.
891210:  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 on 22DEC98 but failed to acknowledge the contents. [The failure to acknowledge official certified mail constitutes acknowledgement and waiver of all rights (MARCORSEPMAN par. 6303)]
990204:  Commanding officer recommended discharge under other than honorable conditions due to unsatisfactory participation in the Ready Reserve. The factual basis for this recommendation was due to unsatisfactory participation in the Ready Reserve, excessive unexcused absence from scheduled drills and accumulation of 17 unexcused absences from scheduled drills.

990315:  SJA review determined the case sufficient in law and fact.

990315:  GCMCA [Commander, Marine Forces Reserves] directed the applicant's discharge under conditions other than honorable due to unsatisfactory participation in the Ready Reserve.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 990420 under other than 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 proper and equitable (E and F).

The applicant indicates that he was unable to drill because of his father’s illness and this was the cause of his missed drills (issue 1). However, the Board found nothing in his records to substantiate this or indicate that he had discussed this with his unit. Relief denied.

In issue 2, the applicant indicates that his unit “will take me back”. There is no requirement or law that grants recharacterization solely on the issue of rejoining a reserve unit and this does not serve to provide a foundation upon which the Board can grant relief. Relief denied.

The applicant is reminded that he is eligible for a personal appearance hearing provided his request if received within 15 years from the date of his discharge. Proof of post service conduct is helpful.

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 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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