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USMC | DRB | 2001_Marine | MD01-00868
Original file (MD01-00868.rtf) Auto-classification: Denied


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


ex-Pvt, USMCR
Docket No. MD01-00868

Applicant’s Request
The application for discharge review, received 010619, 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 020118. 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. Dear Members of the Board:
I understand that my action with the Marine Corps Reserve was not honorable; my responsibility as a Marine reservist was to show up for every drill unless absence was authorized by my First Sergeant or Company Commander. Unfortunately, I was never told that. I want to make clear to you my Unauthorized Absences were authorized by a Corporal (I know this is useless information without a name to go with the rank, but I feel that you should know); in the H&S Company at 4 th LAR Bn, Camp Talega. However, as a Marine, I acknowledge that the responsibility for my attendance at drill was solely my own. I deserve to be held fully accountable for my absences. My status after the first two months at my unit was considered UA. I arrived to 4 th LAR January 08, 1999. I was authorized by my company commander to not attend the January drill meeting. February and March, I attended the drill; however, I did not attend the Annual Training meetings in March. The drill dates I missed were: 10 th and 11 th of April 1999 (4 drills), 15 th and 16 th of May 1999 (4 drills), 25 th , 26 th , and 27 th of June 1999 (6 drills), 8 th , 9 th , 10 th , and 11 th of July 1999 (7 drills), 6 th , 7 th , and 8 th of August 1999 (5 drills). My reason for missing the mentioned drills was due to lack of discipline. Since the reserves only require attendance one weekend a month and two weeks annually, I had enough time to spend time with old friends and return to bad habits. I lost all respect for myself and began the walk back to how I used to be before the Corps. I went from a man, to an adolescent. I lost respect for myself as a Marine, a position and status that I tried so hard to achieve. It has been two years since I signed the Notification of Separation Proceedings form sent to me by my Commanding Officer (20 July 1999). I was given the option to return to the next drill and suffer minor consequences (involuntary active duty for 45 days), or be recommended for a discharge under Other Than Honorable conditions. I chose to be discharged. I figured that I was in such bad shape physically, mentally, spiritually and emotionally that if I was to return to my unit and to the Corps, I would disgrace the uniform and the esprit de corps of the Marine Corps. I believed, at the time, that I would not be a good soldier and that I would be simply marking time. After reading the letter (dated 20 Aug 1999) my Commanding Officer had sent, and realizing that I was a disgrace to the Corps, I knew it was over. I am writing to you with a great deal of humility. I am embarrassed by my actions and by my immaturity. I have successfully turned my life around and would like to be of service to my fellow citizens. In that regard, I humbly request an upgrade o my discharge to Honorable status. In the past two years I have endured countless hours of remorse and have faced challenges that have made me understand that either I mature or I will fail in life. I am still here. Some help came from positive influences such as close friends and family members, but most of my achievements have come from myself. Knowing that I can do whatever task lies ahead (as I was taught by my Drill Instructors), I would not and will not let myself fail. Today I am lifeguarding and teaching swimming lessons, and am on the way to becoming a police office. I found out, however, that I cannot become a law enforcement officer with an Other than Honorable discharge. This is why I am writing to you. I have found a career that I am able to put forth 110% of my knowledge, strength, and ability; but I have a blemish on my record for something that two years ago, I couldn't handle. This is my repentance to my God, my country, and my Corps. I ask you, please, to upgrade my discharge. Respectfully, (Signed D_ R. P_ (Applicant))
Documentation
Only the service and medical records were reviewed as the applicant did not provide additional documentation for the Board to consider.

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: 980218               Date of Discharge: 991207
Length of Service (years, months, days):

          Active: 00 04 22
          Inactive: 01 04 26
Age at Entry: 19                          Years Contracted: 8

 Education Level: 12                        AFQT: 69
Highest Rank: Pvt

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 4.4 (2)              Conduct: 4.4 (2)

 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 :

980722:  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.
980817:  Reported to Initial Active Duty for Training (IADT).

 990108:  Released From IADT, have served 4 months 22 days of active duty with characterization of service as "honorable".
990820:  Commanding officer notified the applicant of unsatisfactory drill participation via certified letter.
990720:  Letter of intent to administratively separate under other than honorable conditions for the failure to participate in reserve training was sent. Applicant acknowledged receipt of letter on 20 August 1999.

990906:  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.
990910:  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. Commanding officer’s comments (verbatim): "SNM has made a conscious decision not to meet his military obligation despite understanding the consequences. SNM has no potential for mobilization and further service would not be in the best interest of the Marine Corps. It is strongly recommended that this Marine be separated from our ranks. SNM has missed a total of 26 drills."
991117:  SJA review determined the case sufficient in law and fact.

991118:  GCMCA [Commander, MFR] 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 991207 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).
Issue 1. The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment opportunities as requested in the issue. The Board’s charter limits its review to a determination on the propriety and equity of the discharge. The applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the applicant’s enlistment. Additionally, 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 civilian life, subsequent to leaving the service. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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. Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs, are examples of verifiable documents that should have been provided to receive consideration for relief, based on post-service conduct. The applicant did not provide sufficient documentation to warrant an upgrade to his discharge. He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. The applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Legal representation at a personal appearance hearing is highly recommended but not required. Relief 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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