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USMC | DRB | 2001_Marine | MD01-00561
Original file (MD01-00561.rtf) Auto-classification: Denied


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

ex-Pvt, USMCR
Docket No. MD01-00561

Applicant’s Request
The application for discharge review, received 010321, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing discharge review before the Board in the Washington National Capital Region. The applicant did not list a representative on the DD Form 293.

Decision

A personal appearance hearing was conducted in Washington, D.C. on 010925. After a thorough review of the records, testimony, supporting documents, facts, and circumstances unique to this case, the 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 of a conflict with my Job, Traveling was to far, tried to move to a closer unit, was denied.

2. My service was good standing.

3. My discharge was improper because my unit did not want to help me, intact waiting till they dropped my rank to Pvt, then they discharged me.

4. Unit stated that I was Counseled for deficiencies when intact I never knew about same, never signed for anything.

5. Tried to change to U.S. Army National guard was all set up and was told that I had to make up drills, I started and thought I was done, however then was told that I have to make more up.

6. Was told every year that I was in good standing.


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                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: 3.80 (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.

960812:  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 drill 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 October due to unsatisfactory drill 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 not recommended for promotion to Cpl for the month of November. 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 PFC for unsatisfactory drill 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.

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 December due to unsatisfactory drill 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 December due to unsatisfactory drill 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 Pvt for unsatisfactory drill 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.

980201:  Counseled for deficiencies in performance and conduct. Eligible but not recommended for promotion to PFC for the month of March due to unsatisfactory drill 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 January due to unsatisfactory drill 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 April due to unsatisfactory drill 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 your unexcused absence from training evolutions. Thirty (30) unexcused absences from regular scheduled drills.

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.
010201:  NDRB documentary record review Docket Number MD00-00921 conducted. Determination: discharge proper and equitable; relief not warranted.


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).


 The applicant’s first issue states: “My discharge was improper because of a conflict with my Job. Traveling was to far, tried to move to a closer unit, was denied.” The applicant’s testimony described the conflict between his job and his military responsibilities. The applicant signed a contract with the Marine Corps Reserves and was fully aware of the obligations of that contract. After being accepted to the police academy, the applicant requested transfer to a closer reserve unit. He stated he attempted to abide by the conditions placed on him, by his Marine Corps Reserve unit, to make-up missed drills, but was unsuccessful. By the applicant’s own admission, he told his Marine Corps unit he quit, and proceeded to turn in his gear. The applicant never returned to his Marine Corps Reserve unit. He was contacted by his unit concerning disciplinary actions, and did nothing to correct his situation. The Board finds this issue without merit and the discharge was proper and equitable. Relief denied.

The applicant’s second issue states: “My service was good standing.” The Board determined this issue has no merit. The applicant had 30 unexcused absences from regular scheduled Reserve unit drills, despite repeated attempts by his Reserve unit to encourage him to return and make up the missed drills. He was properly counseled and notified of impending disciplinary actions and finally discharged. The discharge was proper and equitable. Relief denied.

The applicant’s third issue states: “My discharge was improper because my unit did not want to help me, in fact waiting till they dropped my rank to Pvt, then they discharged me.” The Board finds no merit in this issue. The applicant’s service record and his testimony before the Board show that the Reserve unit made reasonable efforts to help the applicant obtain his transfer to a closer unit. The applicant failed to complete the requirements placed on him to make-up the regularly scheduled drills that he missed. The Board found no impropriety or inequity in the characterization of his discharge. Relief based on this issue is denied.

The applicant’s fourth issue states: “Unit stated that I was Counseled for deficiencies when in fact I never knew about same, never signed for anything.” The applicant stated in his testimony before the Board that he was contacted telephonically by his unit regarding his failure to drill. The testimony by the applicant contradicts the issue. The Board determined this issue has no merit. Relief denied.

The applicant’s fifth issue states: “Tried to change to U.S. Army National guard, was all set up and was told that I had to make up drills. I started and thought I was done, however then was told that I have to make more up.” The applicant stated to the Board that he quit drilling with the USMCR when he was told he had additional drills to make-up. He stated he was unwilling to comply with the orders of his Gunnery Sergeant, turned in his gear and did not drill with that unit or any other Reserve unit. Relief is denied.

The applicant’s sixth issue States: “Was told every year that I was in good standing.” The applicant provided no documentary evidence to support this issue. The Board determined this issue has no merit. The record shows the applicant was separated after he missed 30 regularly scheduled drills. At the time of separation, the applicant was not in good standing. Relief is denied.
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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