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USMC | DRB | 2000_Marine | MD00-00763
Original file (MD00-00763.rtf) Auto-classification: Denied


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

ex-LCpl, USMCR
Docket No. MD00-00763

Applicant’s Request
The application for discharge review, received 000525, 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 did not list any 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/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. I made a request at my reserve unit to work out my contract at the reserve duite station during the day. Serving in the reserves was causing a problem with my business. All the time served was going to waste. I was lied to from day one. Once I signed up no one cared about all the things that should have happened. I was supposed to enter basic training as a E-2 and after basic be promoted to E-3 all before reporting to my reserve dutie station. I was'nt getting my promotion because no one knew about my signing deal. I was over looked several times for promotions. During one of my 2 weeks duties, my company lost a contract. After this I made the request to serve out my time at the reserve dutie station durning the day time. I was told that could not happen. The only thing they would do would give me a discharge under less than honorable conditions. My college credit where never taken in used on my records.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)               

Period of Service Under Review :
Date of Enlistment: 810930               Date of Discharge: 860127

 Length of Service (years, months, days):

         Active: 00 04 15
         Inactive: None

 Age at Entry: 18                          Years Contracted: 6

 Education Level: 12                        AFQT: 25

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.7 (6)              Conduct: 3.6 (6)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Sharpshooter 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 (Res not on active duty) admin discharge board required but waived; authority: MARCORSEPMAN 6213.

 Chronological Listing of Significant Service Events :

850504:  Counseled for deficiencies in performance and conduct. [Unsatisfactory drill status and afforded the opportunity to make up his missed drills.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. (Applicant not available for signature due to unexcused absences from regularly scheduled drills. Counseling letter forwarded to applicant)
851108:  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. A personal visit was made to the subject Marine's home of record by his platoon sergeant and the subject Marine personally delivered the letter of Notification and the Acknowledgment of Rights Form to the reserve center and stated at that time that his only desire was to be separated at any cost, regardless of the characterization.
851108:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

851205:  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 unexcused absences from a total of seventy-one (71) regularly scheduled drills, and failure to attend Annual Training Duty for period 840804 - 840819 and 850727 - 850810.

860116:  SJA review determined the case sufficient in law and fact. [EXTRACTED FROM COMMANDING GENERAL MESSAGE]

860116:  GCMCA [CG, 4 th MarDiv] 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 860127 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 applicant alleges that he was supposed to enter Boot Camp as a PFC and to be promoted to LCPL upon completion. The applicant is in error. The Board found that the applicant’s enlistment contract, which he signed, indicates that he had no enlistment options. Block 42b of the contract indicates entry as an EO1, Private. The applicant was promoted to PFC during Boot Camp. Within a 2 1/2 year period, the applicant was promoted twice, reaching the rank of CPL on 840801. Relief denied.

The applicant indicates that he asked to be allowed to drill during the weekdays, as drill was interfering with his civilian occupation. The Board found nothing in the record to substantiate this comment, nor did he provide any proof. 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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