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USMC | DRB | 2000_Marine | MD00-00914
Original file (MD00-00914.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD00-00914

Applicant’s Request
The application for discharge review, received 000714, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to medical. 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 020901. 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 discharge was improper because I was counseled by my Co. Major H_ and Platoon Commander and was told I was in the process of discharge due to my weight control status.

2. As told to my Plattooon Commander reserve duty put heavy financial burden upon me. Drill site being 110 miles away and 3 hour away during commute. After rent, car, insurance, utilities there was 300 for gas, food, healthcare. At this time I was working on call and not guarateed a full time pay check. An estimate of drill cost me $100. I was told no changes could be made. I did my best.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from applicant dated September 25, 2000
Business card from Stanford Health Care with applicant's name
Copy of achievement certificate
Copies of American Red Cross cards for emergency response, oxygen administration, preventing disease transmission and CPR for the professional
Copy of certificate presented 27 & 28 February 1998
Copy of certificate dated February 10, 1998 through May 28, 1998
Copy of promotion to Corporal dated October 1, 1997
Copy of promotion to Lance Corporal dated December 1, 1995
Three pages from applicant's service record
Copy of High School Equivalency Certificate dated August 18, 1997
Copy of GED test results
Copy of diploma dated August 30, 1995
Copy of certificate for NCO Basic Nonresident Program dated March 14, 1997
Copy of certificate for Marine Combat Training dated June 30, 1995
Copy of certificate dated August 30, 1995
Copy of certificate of appreciation dated September 22, 1994
Copy of PFC award dated October 25, 1994
Copy of certificate for fundamentals of Marine Corps leadership dated June 18, 1997
Copy of certificate for NCO Career Nonresident Program for Administrative plans, policies, procedures and programs dated March 11, 1997
Copy of certificate for NCO Career Nonresident Program for Battle skills dated March 14, 1997
Copy of certificate for NCO Career Nonresident Program for Drill & ceremonies, uniforms and inspections, customs and courtesies dated February 18, 1997
Copy of certificate for NCO Career Nonresident Program for Physical training management dated March 10, 1997
Copy of certificate for Terrorism Awareness for Marines dated August 19, 1997
Copy of certificate for NCO Career Nonresident Program for Weapons dated February 27, 1997
Copy of certificate for Personal finance dated June 25, 1997
Copy of certificate for fracture management dated May 16, 1998
Copy of certificate for achieving service excellence at Kaiser Permanente dated November 25, 1997

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: 940906               Date of Discharge: 981106

 Length of Service (years, months, days):

         Active: 00 05 24
         Inactive: 02 02 05

 Age at Entry: 24                          Years Contracted: 6

 Education Level: 8                         AFQT: 58

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.5 (8)                       Conduct: 4.6 (8)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

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 :

950306:  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.

950308:  Applicant reported for initial tour of active duty for training.

950831:  Applicant released from initial tour of active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.

960206:  Counseled for deficiencies in performance and conduct. [Assignment to weight control.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

980223:  Counseled for deficiencies in performance and conduct. [Unsat participation for the month of February.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

980308:  Applicant not issued SMCRM due to not attending 90 percent of all scheduled drills.

980309:  Counseled for deficiencies in performance and conduct. [Unsat participation for the month of March.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

980420:  Counseled for deficiencies in performance and conduct. [Unsat participation for the month of April.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

980504:  Counseled for deficiencies in performance and conduct. [Unsat participation for the month of May.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

980606:  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)]
980607:          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.

980611:  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 unsatisfactory participation in the basis when the Marine has missed over nine unexcused absences from drills as of 20Feb98.

980916:  SJA review determined the case sufficient in law and fact. [If discharged UOTHC]

980916:  GCMCA [Commander, Marine Forces Reserve] 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 981106 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 Board found no evidence of administrative discharge proceedings for any cause other than unsatisfactory participation in the Ready Reserve, however noted the applicant was indeed put on the weight control program. The Board does not find assignment to weight control to be a mitigating factor in characterizing this discharge. Relief denied.

In the applicant’s second issue, service as a United States Marine often requires sacrifice of time and effort. The Board noted the applicant’s signature consenting to the requirement for monthly drills and annual active duty training while participating in the Ready Reserve. Further, the applicant in his own hand when advised of his rights to counsel, an administrative discharge board and the right to submit a statement in his behalf, waived all rights and agreed to the other than honorable discharge. Relief denied.

 The following is provided for the applicant’s edification. The NDRB is authorized to consider 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. However, there is no law or regulation that 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 be found to have existed during the period of enlistment in question. No such error or injustice is evident in the applicant’s service record. While the Board applauds the applicant’s efforts in certification in emergency medicine, a t this time the applicant has not provided sufficient documentation of good character and conduct. Therefore no relief will be granted. The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended



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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