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USMC | DRB | 2000_Marine | MD00-01046
Original file (MD00-01046.rtf) Auto-classification: Denied


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

ex-PFC, USMCR
Docket No. MD00-01046

Applicant’s Request
The application for discharge review, received 000913, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant requested a personal appearance hearing before a Traveling Panel closest to (left blank). The applicant did not designate a representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010309. 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. I now have a child that I need to take care of and my discharge is stoping me from being able to get a good job. All the jobs require you to have a honorable, under honorable, or general discharge to work if you have been in the military.

2. While in the Marines and when I had first joined I had to many things going on and I could not focuss like I should have focussed. I was juggling school, civilian work, college band, and the Marines all at one time and I failed and I honestly regret my mistakes.

3. While in the Marine Corps Reserves I did not have the proper transportation to commute back and forward to drills and scheduled events.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Separation Authority dtd 12 Jun 1998
Admin Discharge package ( 9 pages)
Reserve Absence 984 Remarks dtd 03/08/1998
Applicant's Record of Military Process - Armed Forces of the United States (DD Form 1966) (5 pages)
Applicant's Enlistment contract dtd 96FEB01 (2 pages with duplicates)

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: 960201               Date of Discharge: 980705(provided by applicant)

 Length of Service (years, months, days):

         Active: 00 03 00
         Inactive: 02 02 05

 Age at Entry: 21                          Years Contracted: 8

 Education Level: 12                        AFQT: 37

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMF                           Conduct: NMF

 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 :

960205:  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 8 years upon completion of initial active duty training.

960508:  Commenced Initial Active Duty for Training (IADT).

960807:  Released from IADT and transferred to the Marine Corps Reserves having served 3 months.

971101:  Phone Call to Applicant - left message concerning unsatisfactory participation.

980111:  Two Phone Calls to Applicant. First call - left message; Second call - Child said wrong number.

980206:  Phone Call to Applicant - no answer.

980207:  Phone Call to Applicant - no answer.

98????:  Letter to Applicant advising of being administratively reduced to Private First Class due to unsatisfactory participation.

980304:  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. Certified letter mailed to last known address but was returned as undeliverable. [The failure to acknowledge official certified mail constitutes acknowledgement and waiver of all rights (MARCORSEPMAN par. 6303)]

980507:  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 due to excessive unexcused absences from 7 September 1996, through this date.

980514:  Counseled for deficiencies in performance and conduct [declared an unsatisfactory participant due to unresolved unexcused absences]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. (SNM NOT AVAILABLE FOR SIGNATURE.)

980612:  SJA review determined the case sufficient in law and fact.

980612:  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 980705 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).
The applicant introduced no decisional issues for consideration by the Board.

The applicant executed understanding of his reserve obligation, by signing in his own hand on 960202 and 960205 his total eight year obligation. The applicant further failed to acknowledge all certified mail attempts to contact him, in willful disregard of the rules and regulations he contracted to obey. The applicant was advised that if discharged under other than honorable conditions, it might deprive him of virtually all veterans' benefits based upon his current enlistment, and that he might expect to encounter substantial prejudice in civilian life in situations wherein the type of service rendered or the character of discharge received therefrom may have a bearing. The Board finds nothing in the record to mitigate the other than honorable discharge awarded as a result of the applicant’s misconduct in failing to attend required reserve drills. Relief denied.

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 a 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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