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USMC | DRB | 2000_Marine | MD00-00940
Original file (MD00-00940.rtf) Auto-classification: Denied


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

ex-PFC, USMCR
Docket No. MD00-00940

Applicant’s Request
The application for discharge review, received 000724, 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. I am writing in regards to my discharge that was titled other than honorable. I am asking for an upgrade in my discharge to Honorable. I am seeking employment with the Detroit Police Department and I have successfully passed my entrance test Unfortunately my discharge is holding me back from continuing my next step in entering the Police Academy. I made the mistake of missing a few of my week-end drills while serving in the USMC as a reservist. I did make up a couple of those missed drills and I had been back on the right track before my discharge as far as my drills were concerned, the problem came into focus when I was on one of my drill week-ends and my superior officer asked me to give him exact dates as to when I could make up those lost drills. I did fully understand that I would have to make those drills up as it was my own fault that they were missed. At that particular time in my life I just obtained a new Management position with Kohl's Dept. Store in Loss Prevention. I was at the new store which was not opened yet and I was working many hours getting cameras set up and with my position with the company I had to be there, so it was impossible for me at the time to give him exact dates. There were also some financial problems at home that I was helping with and I could not afford to lose any time from work. I was given a choice to make that day, either give dates or accept a discharge. Had I known the problems that were to occur because of this discharge I would have handled it in a different fashion. I was always proud of the fact that I was a Marine and I have a clean record with the Corps. Other than those missed drills, which I was at that time making an effort to make up, I did comply with all rules and regulations of the USMC. Therefore I am requesting an upgrade in my discharge to Honorable so that I may pursue my career in the Law Enforcement field. I truly feel that I do deserve an Honorable Discharge from the USMC as you can see if you obtain my records I did have things back under control before this unfortunate situation occurred. I am looking forward to hearing from you soon. Thank You,
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Character reference from applicant's mother
Character reference dated July 17, 2000
Character reference dated July 12, 2000
Character reference
Copy of criminal background check
Copy of letter from City of Detroit, Department of Police re: qualified for pre-investigation oral interview for the position of police probationary police officer
Copy of test results
Letter from Commanding Officer re discharge dated March 18, 1999
Copy of DD Form 214

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: 960127               Date of Discharge: 990318

 Length of Service (years, months, days):

         Active: 00 05 09
         Inactive: 02 08 13

 Age at Entry: 19                          Years Contracted: 6

 Education Level: 12                        AFQT: 49

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (3)                       Conduct: 4.4 (3)

 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 :

960127:  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.

960715:  Applicant reported for initial tour of active duty for training.

961004:  Applicant released from initial tour of active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.

970106:  Applicant reported for active duty training.

970326:  Applicant released from active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.

980922:  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)]
980922:          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.

990114:  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 excessive unauthorized absence from regularly scheduled drills.

990305:  SJA review determined the case sufficient in law and fact.

990305:  GCMCA [Commander, Marine Force 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 990318 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 the applicant’s issue, the Board has no obligation to change the applicant's discharge in order to allow him to obtain better employment. The NDRB recognizes that serving in the Marine Corps Reserve is very challenging. Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country. It must be noted that most Marines serve honorably and well and therefore earn honorable discharges. In fairness to those Marines, commanders and separation authorities are tasked to ensure that undeserving Marines receive no higher characterization than is due. While the NDRB respects the fact that the applicant tried to make up the drills that he missed, his service is equitably characterized as being performed under other than honorable conditions. Relief is not warranted.

The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (F). The applicant must be aware that there is no law or regulation which 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 have been found to have existed during the period of enlistment in question. 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, may be considered by the NDRB. 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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