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USMC | DRB | 2001_Marine | MD01-00937
Original file (MD01-00937.rtf) Auto-classification: Denied


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

ex-PVT, USMCR
Docket No. MD01-00937

Applicant’s Request
The application for discharge review, received 010716, 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 020215. 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 believe my discharge was undeserved since it was based entirely on one mistake made during an otherwise honorably served tour.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter to Applicant from Headquarters, USMC, Quantico, VA dtd Apr 9, 2001
Copy of DD Form 214 for active duty period (2 copies)
Career Retirement Credit Record, Hdqtrs, USMC, dtd Apr 3, 2001 (2 pages)
Copy of Applicant's Request for Records dtd 1-22-01

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: 930614               Date of Discharge: 970712

 Length of Service (years, months, days):

         Active: 00 05 27
         Inactive: 03 01 02

 Age at Entry: 23                          Years Contracted: 8

 Education Level: 13                        AFQT: 64

 Highest Rank: Pvt

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.91 (7)             Conduct: 3.86 (7)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, Rifle Sharpshooter 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 :

930614:  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.

951105:  Counseled for deficiencies in performance and conduct unexcused absences from the 941013 - 951015 drill, 5 drills, brings total to 5. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

951209:  Counseled for deficiencies in performance and conduct unexcused absences from the 951104 - 951105 drill, 4 drills, brings total to 9. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. (Not available for signature.)

951211:  Counseled for deficiencies in performance and conduct unexcused absences from the 951209 - 951210 drill, 4 drills, brings total to 13. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. (Not available for signature.)

960108:  Counseled for deficiencies in performance and conduct unexcused absences from the 960105 - 960107 drill, 5 drills, brings total to 18. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. (Not available for signature.)

960205:  Counseled for deficiencies in performance and conduct unexcused absences from the 960203 - 960204 drill, 4 drills, brings total to 22. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. (Not available for signature.)

960304:  Counseled for deficiencies in performance and conduct unexcused absences from the 960301 - 960303 drill, 5 drills, brings total to 27. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. (Not available for signature.)

960415:  Counseled for deficiencies in performance and conduct unexcused absences from the 960412 - 960414 drill, 5 drills, brings total to 32. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. (Not available for signature.)

960507:  Counseled for deficiencies in performance and conduct unexcused absences from the 960503 - 960505 drill, 5 drills, brings total to 37. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. (Not available for signature.)

960919:  Counseled for deficiencies in performance and conduct unexcused absences from the 960906 - 960908 drill, 5 drills, brings total to 65. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. (Not available for signature.)

961204:  Counseled for deficiencies in performance and conduct unexcused absences from the 961004 - 961006 drill, 5 drills, brings total to 70. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. (Not available for signature.)

970712:  Applicant discharged Under Other Than Honorable Conditions for misconduct due to unsatisfactory participation in the Ready Reserve.

ADMIN DISCHARGE PACKAGE NOT CONTAINED IN SERVICE RECORD.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970712 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 states: “I believe my discharge was undeserved since it was based entirely on one mistake made during an otherwise honorably served tour.” The NDRB finds the applicant’s issue without merit. The record shows the applicant remained away from his reserve unit from 9510 through 9707 at which time he was discharged in absentia. The applicant missed 70 reserve drills. The NDRB found no impropriety or inequity in the discharge. Relief is denied.

 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 clemency, based on post-service conduct. The applicant did not provide any of these documents. 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.

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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