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USMC | DRB | 2002_Marine | MD02-00068
Original file (MD02-00068.rtf) Auto-classification: Denied


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

ex-Pvt, USMCR
Docket No. MD02-00068

Applicant’s Request
The application for discharge review, received 011004, 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. In the acknowledgement letter the applicant was informed that he was approaching the 15 year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington, D.C. area. Applicant advised the Board that he desired a personal appearance hearing. Subsequent to this, applicant reconsidered his decision and requested a record review in lieu of a personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020620. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety but did discern an inequity in the characterization of the applicant’s service. The Board’s vote was three to two that the character of the discharge shall change. The discharge shall change to: UNDER HONORABLE CONDITIONS (GENERAL)/Expiration of Service, authority: MARCORSEPMAN Par. 1005.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I believe that my performance in the Marine Corps during the active duty taining period, before reserve duty and during cold weather training exercises during active reserve status proves my ability, obligation, and duty to the Marine Corps.

2. During my reserve status, I had repeatedly requested transfer to active duty but was always denied because of poor drill attendance. I was transferred to the IRR (involuntary) and fulfilled my six year obligation in that status.

3. I entered college, earned my bachelor's degree, became certified as an Emergency-Medical Technician, and volunteer Nautilus training and fitness instructor at the Holyoke YMCA.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
College Transcript, Graduated: 05/21/95, Degree: Bachelor of Arts
Copy of DD Form 214

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: 801022               Date of Discharge: 861021

 Length of Service (years, months, days):

         Active: 00 04 09
         Inactive: 05 08 21

 Age at Entry: 25                          Years Contracted: 6

 Education Level: 12                        AFQT: 61

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.1 (6)                       Conduct: 4.0 (6)

 Military Decorations: LoA

 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/Expiration of Service, authority: MARCORSEPMAN Par. 1005.

 Chronological Listing of Significant Service Events :

801103:  Commenced Initial Active Duty for Training (IADT).

 810311:  Released from IADT, having served 3 months 9 days of active duty, received characterization of service as "honorable".

810607:  Letter of intent regarding mobilization delivered to member this date.

810607:  Letter sent to applicant concerning absences from scheduled drills on 3 May 1981 for a total of 2 drills. Scheduled makeup date is 22 Jun 81.

810913:  Counseled this date concerning missing fire watch on 810912 at Ft Devens, Mass.

820206:  Counseled concerning non-promotion to rank of PFC for the following: needs assistance in improving his attitude and development of skills.

820401:  Applicant counseled concerning his non-promotion to PFC due to unsat drill attendance.

820605:  Applicant counseled concerning his non-promotion to PFC due "need to improve attitude."

820920:  SJA review proceedings for transfer to the IRR with tentative characterization of service of under other than honorable conditions and determined the case sufficient in law and fact.

820923:  Applicant involuntarily transferred to the Individual Ready Reserve (IRR) with a tentative characterization of service Under Other Than Honorable Conditions, by reason unsatisfactory participation in reserve training.

820930:  Involuntary transferred to IRR due to failure to attend drills. Tentative Characterization of Service awarded Under Other Than Honorable Conditions. Records transferred to Overland Park, Kansas City.

861104:  Discharged EOS (Expiration of Service) with Under Other Than Honorable Conditions Discharge due to unsat participation having completed 6 years of service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 861104 under other than honorable conditions at expiration of service due to unsatisfactory participation in Reserves (A). The Board presumed regularity in the conduct of governmental affairs (B). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper but not equitable (C and D).

Issues 1-3. The Board found no precedent for the applicant to have been assigned to the Inactive Ready Reserve with a characterization of service of under other than honorable conditions, and that this characterization is not in keeping with the intent of reference [A] and MCO P1001R.1, paragraph 3304. The applicant reached his end of obligated service and according to the Marine Corps Sep Manual, his discharge characterization shall be based on his service record. The applicant’s PRO/CON marks were high enough to rate an Honorable discharge (4.1/4.0). However, his counseling for missing scheduled drills was sufficient to reduce the characterization to under Honorable conditions) General. Therefore relief is granted.

Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 1005, DISCHARGE FOR EXPIRATION OF ENLISTMENT OR FULFILLMENT OF SERVICE OBLIGATION , Marine Corps Separation and Retirement Manual, (MCO P1900.16C, Change 1, effective 830406 until 890626).
B. 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.

C. 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.

D. 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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