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USMC | DRB | 2000_Marine | MD00-00921
Original file (MD00-00921.rtf) Auto-classification: Denied


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

ex-Pvt, USMCR
Docket No. MD00-00921

Applicant’s Request
The application for discharge review, received 000719, 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 010201. 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 (verbatim)

1. My discharge was improper because of a conflict with my job, traveling was to far, tried to move to closer unit, was denied.

2. My service was in good standing.

3. My discharge was inproper because my unit did not want to help me, infact waited till they dropped my rank to Pvt then they discharged me.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter to United States House of Representatives dated July 11, 2000

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: 921211               Date of Discharge: 980612

 Length of Service (years, months, days):

         Active: 00 05 22
         Inactive: 05 00 10

 Age at Entry: 19                          Years Contracted: 6

 Education Level: 12                        AFQT: 42

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.8 (9)              Conduct: 3.8 (9)

 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 :

921211:  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.

930407:  Applicant reported for initial tour of active duty for training.

930929:  Applicant released from initial tour of active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.

960612:  Counseled for deficiencies in performance and conduct. [Unsatisfactory drill participation for 9, 10, 11 Aug.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

960901:  Counseled for deficiencies in performance and conduct. [Eligible but not recommended for promotion to Cpl for the month of September due to unsatisfactory participation in the Selected Marine Corps Reserve.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

970915:  Counseled for deficiencies in performance and conduct. [Unsatisfactory drill participation for 12, 13, 14 Sept.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

971001:  Counseled for deficiencies in performance and conduct. [Eligible but not recommended for promotion to Cpl for the month of Oct due to unsatisfactory participation in the Selected Marine Corps Reserve.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

971006:  Counseled for deficiencies in performance and conduct. [Unsatisfactory drill participation for 3, 4, 5 Oct.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

971101:  Counseled for deficiencies in performance and conduct. [Eligible but recommended for promotion to Cpl for the month of Nov.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

971104:  Counseled for deficiencies in performance and conduct. [Being administratively reduced to the rank of Private First Class for unsatisfactory drill participation in the SMCR.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

971117:  Counseled for deficiencies in performance and conduct. [Unsatisfactory drill participation for 14, 15, 16 Nov.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

971201:  Counseled for deficiencies in performance and conduct. [Eligible but not recommended for promotion to LCpl for the month of Dec due to unsatisfactory participation in the Selected Marine Corps Reserve.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

971208:  Counseled for deficiencies in performance and conduct. [Unsatisfactory drill participation for 5, 6, 7 Dec.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

980101:  Counseled for deficiencies in performance and conduct. [Eligible but not recommended for promotion to LCpl for the month of Dec due to unsatisfactory participation in the Selected Marine Corps Reserve.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

980102:  Counseled for deficiencies in performance and conduct. [Being administratively reduced to the rank of Private for unsatisfactory drill participation in the SMCR.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

980201:  Counseled for deficiencies in performance and conduct. [Eligible but not recommended for promotion to PFC for the month of March due to unsatisfactory participation in the Selected Marine Corps Reserve.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

980209:  Counseled for deficiencies in performance and conduct. [Unsatisfactory drill participation for 6, 7, 8 Feb.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

980210:  Commanding officer notified the applicant of unsatisfactory drill participation via certified letter.
980210:  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.

980221:          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.

980301:  Counseled for deficiencies in performance and conduct. [Eligible but not recommended for promotion to PFC for the month of Jan due to unsatisfactory participation in the Selected Marine Corps Reserve.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

980309:  Counseled for deficiencies in performance and conduct. [Unsatisfactory drill participation for 6, 7, 8 Mar.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

980312:  Counseled for deficiencies in performance and conduct. [Eligible but not recommended for promotion to PFC for the month of Apr due to unsatisfactory participation in the Selected Marine Corps Reserve.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

980318:  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 ab unsatisfactory status since September 1997 to present.

980527:  SJA review determined the case sufficient in law and fact.

980527:  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 980612 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 that the applicant’s discharge was not improper. The applicant’s service record clearly indicates that the applicant was counseled and that the applicant’s chain of command was extremely involved with attempting to have the applicant return to a good drilling status, but the applicant chose not to. The applicant has 17 counseling entries in his service record, in addition to documented phone calls to the applicant, the applicant’s family and the applicant’s employer. No relief will be granted based on this issue.

The applicant states in issue 2 that “m y service was in good standing.” The applicant missed all his required reserve drills from September 1997 until the time of his discharge in June 1998. The applicant was not “in good standing” as he suggests, and was properly discharged for unsatisfactory participation in the ready reserve. Relief is denied.

The Board disagrees with the applicant’s statement in issue 3 that “My discharge was inproper(sic) because my unit did not want to help me, infact waited till they dropped my rank to Pvt then they discharged me.” As stated in issue 1, the applicant’s service record clearly indicates that the chain of command was attempting to assist the applicant and have him return to a good drilling status, but the applicant refused to attend his drills, as was his requirement to do. No relief based on this issue.

 There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct. At this time, the applicant has not provided any documentation of good character and conduct. Therefore no relief will be granted. The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge.

 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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