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USMC | DRB | 2001_Marine | MD01-01144
Original file (MD01-01144.rtf) Auto-classification: Denied


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

ex-PFC, USMCR
Docket No. MD01-01144

Applicant’s Request
The application for discharge review, received 010829, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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 020529. 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 have a HONORABLE discharge from active duty. I did not know that my Reserve discharge would effect me this way.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 issued for IADT

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: 960731               Date of Discharge: 000626 (Verified by phone
                                                                        with the Reserve Center.)

 Length of Service (years, months, days):

         Active: 00 10 01
         Inactive: 03 00 25

 Age at Entry: 17(parental consent)       Years Contracted: 8

 Education Level: 12                        AFQT: 45

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.47 (6)             Conduct: 4.33 (6)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Expert

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 :

961009:  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.

961029:  Commenced Initial Active Duty for Training (IADT).

970829:  Released from IADT, having served 10 months 1 day active duty and received characterization of serv ice as "honorable".

981213:  Counseled for deficiencies in performance and conduct [failure to pass PFT on 981213 and maintain the minimum Marine Corps physical standards]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

991007:  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 or return the notification letter. The failure to acknowledge official certified mail constitutes acknowledgement and waiver of all rights (MARCORSEPMAN par. 6303).
000310:  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 on 990213 (2), 990214 (2), 990501 (2), 990502 (2), 990514 (1), 990912 (2), and 990913 (2). Commanding officer’s comments (verbatim): "Private First Class (Applicant) has been in this unit since 980711 and has performed his duties in a marginal manner. PFC (Applicant) performed to the minimal standards of the Selected Marine Corps Reserve. PFC (Applicant) has missed many drills since joining the company. He has made attempts to make them up, but not always successfully. PFC (Applicant) is not responding to phone calls from the unit and has made no attempts to contact the unit himself. It is apparent that PFC (Applicant) no longer desires to drill with the Selective Marine Corps Reserve and we recommend that he be processed for administrative separation from the Marine Corps."

000602:  SJA review determined the case sufficient in law and fact.

000612:  GCMCA [Commander, Marine Forces Reserve] directed the applicant's discharge under conditions other than honorable by reason failure to participate (Reserve not on active duty (board waived)).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 000626 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 issue states: “I have a HONORABLE discharge from active duty. I did not know that my Reserve discharge would effect me this way.” The applicant’s Honorable discharge accurately characterizes his service while on active duty. The Other Than Honorable discharge accurately characterizes his service in the Selective Reserves. The record shows the applicant failed to participate in his required drills and despite repeated attempts by the command, did not comply with his Drill commitment. The applicant was notified of the discharge by certified letter. The adverse effects of a discharge are not a reason for which the Board will grant relief. The Board found no impropriety or inequity in the discharge. Therefore, relief is denied.

 The NDRB is authorized to consider post-service factors in the re characterization of a discharge. 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 the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, 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, may be considered by the NDRB. The applicant failed to provide documentary evidence to demonstrate his positive community service, employment history, and clean police record. Relief is not warranted.

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 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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