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USMC | DRB | 2001_Marine | MD01-00382
Original file (MD01-00382.rtf) Auto-classification: Denied


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

ex-Pvt, USMCR
Docket No. MD01-00382

Applicant’s Request
The application for discharge review, received 010205, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010906. 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 am J_ E. P_ (Applicant). Upon reading this letter, I am hoping you can assist me in my situation. A couple of years ago, being a young man, I made a-mistake. A mistake that I have been regretting for many years and I am trying to make it right.

A few years ago, I joined the elite team of the United States Marine Corps. I was so proud to be called a Marine, and I am still proud. However, looking back I can realize what I did wrong. I have this shame that I have been living with for so many years, and I want to finally make it right. I decided to become a Marine when I graduated high school at the age of seventeen. I was so enthusiastic of becoming a Marine, and looking forward to the adventures! It all changed when my parents did not want to sign allowing me to become an active marine. Regardless of the fact they did not want to allow me to join did not discourage me. After hardship and a lot of conversations, my parents decided to sign but only for the reserves. At the time, I thought it was alright since I would still be a part of the Marine Corps. However, it was just a matter of time for me to realize that being a reservist was not what I anticipated.

I joined the Marine Corps with my parents approval for reservist when what I really wanted was to be active. This was one of the many mistakes I regret. Being a Reservist, I was limited to the jobs in my area. As a result, my Military 0ccupational Specialty was Motor Transportation. After boot camp, I attended Motor T school. During school, I was classified as a Class III Dental and also as 'unsatisfactory condition to drill'. I was advised to have my dental work done at my own expense and that I would also be drilling without pay. When this happened, I was completely devastated. My dream of becoming a Marine once again hit yet another obstacle.

At this point of my life when I thought it could not get any worse, I was wrong. While I was trying my best to get my dental work done, my life took a drastic change. My girlfriend became pregnant. Now at the age of eighteen, I found myself under a great pressure trying to provide for my new family. I was working hard at the time to do the right thing. I married my girlfriend and had a beautiful baby girl. I was under a great deal of financial stress with a new family. Working long hours, missing time with my newborn was hard enough for me. At this time, I was between a rock and a wall. I was trying to make ends meet for my family and at the same time I had to attend my drills without pay. Being young and under a lot of stress I again committed another mistake. Since I could not afford the dental bills to fix my Class III dental, I stopped attending my drills. I regret this every single day, but at the time I was looking at the big picture. Why would I drill without pay I could be at work getting paid and placing food on my family's table? Now looking back at it, I regret it. I would have done a lot of things differently. I was young with a child, a wife and making everything right. I know that is not an excuse for not attending my drills, but I was confused and I did not have my priorities straight.

Now that I am older, I have accomplished a goal of providing my family with a new home. My wife and I both have well paying full time jobs. I am currently a mechanic at HERTZ Rental Cars and I am trying to attend to my Class III dental with the assistance of my medical insurance. Having a new home and a family is not all that I want. My life still has a sense of emptiness inside that it will not be filled until I can accomplish my goal of being an active Marine like I have always hoped to be. I would really appreciate if you could assist me in upgrading my re-enlistment code so I can have the chance to make things right. Even though, I have a good job, a family, a home, I still would like to feel my fife complete by being part of the United States Marine Corps. I would like to be able to serve my country once again, most of all be one of "The Few and the Proud". I would really appreciate any help that you can provide in assisting me to reach my main goal in life.


Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Character Reference ltr from Sgt R_ C_, Jr., USMC undtd
Letter from Employer, Hertz Corporation, dtd Dec 14, 2000
Character Reference ltr from V_ D. F_, SSG, USA, dtd Jan 19, 2001
 Character Reference ltr from J_ L_, First Grade Teacher, Orange County, dtd Jan 16, 2001
Character Reference ltr from LCDR A_ I. O_, USNR, dtd 8 Jan 2001
Character Reference ltr from previous employer, Universal Design and Engineering Services, Inc.
Character Reference ltr from CMCS D_ A. B_, Ret. dtd Dec 12, 2000
Character Reference ltr from SFC J_ E. N_, Jr. (Ret) dtd Dec 14, 2000
Police Record Check dtd 31 Jan 2001
Discharge Authority dtd 16 Jun 97

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: 931203               Date of Discharge: 970616

 Length of Service (years, months, days):

         Active: 00 05 16
         Inactive: 03 00 28

 Age at Entry: 17(Parental Consent)        Years Contracted: 8

 Education Level: 12                        AFQT: 52

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.6 (2)              Conduct: 4.4 (2)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, Rifle Marksmanship Badge

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 :

940702:  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.

940706:  Commenced Initial Active Duty for Training (IADT).

941209:  Counseled for failure to attend rescheduled drills. Corrective action recommend, assistance provided. (Applicant did not sign.)

941221:  Released from IADT, having served 5 months 16 days with characterization of service as "honorable".

951203:  Counseled concerning deficiencies (failure to attend scheduled drill on 2 and 3 Dec 95). Corrective action and assistance provided. (Applicant did not sign.)

960605:  Counseled concerning deficiencies (failure to attend scheduled drill on 1 and 2 Jun 96). Corrective action and assistance provided. (Applicant did not sign.)

970111:  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).
970113:  Administratively reduced to Private as result of excessive unexcused absences.
970320:  Commanding officer recommended discharge under other than honorable conditions by reason of unsatisfactory participation in the Ready Reserve. The factual basis for this recommendation was due to being an unsatisfactory participant since 13 Oct 95, due to unexcused absences. At this time, he has accrued 73 unexcused absence from regularly scheduled drills with no attempt of corrective action.

970616:  SJA review determined the case sufficient in law and fact.

970616:  GCMCA [Commander, Marine Forces Reserves] directed the applicant's discharge under conditions other than honorable by reason of unsatisfactory participation in the Ready Reserve.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970616 under other than honorable conditions for 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’s issue was a letter in which he described contributing factors in his discharge as well as dental issues that caused him to not participate in required drills. The Board found that the applicant’s age, education level, and test scores qualified him for enlistment. While he may feel his immaturity was a factor that contributed to his action, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service. The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief based on youth and immaturity is not warranted.

The Board found no evidence in the record nor did the applicant provide documentation to support the issue that his dental status precluded his attendance at required drills. There is nothing in the record stating the applicant would not be paid for his drills due to his dental status. Relief is not warranted.

The applicant stated he wants to rejoin the Marine Corps. The record shows the applicant missed 73 reserve drills. Although the applicant provided character references attesting to his character, the Board found that the applicant’s demonstrated unreliability outweighed these references. The Board will not change the applicant’s discharge based on his post service documentation or his desire to reenter the service. Relief is denied.

 The applicant 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 “ afls10.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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