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USMC | DRB | 2002_Marine | MD02-00296
Original file (MD02-00296.rtf) Auto-classification: Denied


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

ex-Pvt, USMCR
Docket No. MD02-00296

Applicant’s Request
The application for discharge review, received 020123, 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 020829. 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/Failure to Participate (Reserve not on active duty) (administrative discharge board required but waived), authority: MARCORSEPMAN 6213.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 1. My conduct and efficiency ratings/behavior and proficiency marks were good.

2. I received awards and decorations.

3. My records of promotions showed I was generally a good servicemember.

4. I have been a good citizen since my discharge.

5. I had a prior Honorable Discharge.

6. I never received a court-martial, article 15, bad conduct, etc.

7. I was denied to make-up my absences at a unit near me.

8. I was never AWOL/UA.

9. My separation code was unjust do to the fact I was waiting for further instructions.

10. My re-enlistment code was unjust compared to most miliary personnel.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
        
         Copy of DD Form 214 (6 copies)
         24 Service Record pages

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: 890818               Date of Discharge: 920422

 Length of Service (years, months, days):

         Active: 01 01 01
         Inactive: 01 07 04

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 12                        AFQT: 38

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.6 (9)              Conduct: 3.6 (9)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Marksman Badge

 Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/Failure to Participate (Reserve not on active duty) (administrative discharge board required but waived); authority: MARCORSEPMAN 6213.

 Chronological Listing of Significant Service Events :

890818:  Enlistment contract into the USMCR documented 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.

891106:  Commenced Initial Active Duty for Training (IADT).

900704:  Released from IADT, having served 7 months, 29 days. Received characterization of service as "honorable."

901130:  Commenced Initial Active Duty For Training (IADT).

910501:  Released from IADT, having served 5 months, 2 days. Received characterization of service as "honorable."
911102:  Counseled for deficiencies in performance and conduct [unexcused absences from Nov 1991 drills (5 drills)]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

911104:  Applicant was notified of intent to administratively reduce in grade via certified mail.

911201:  Applicant acknowledged that he was eligible but not recommended for promotion to LCpl for Dec 91 because of unsatisfactory participation in the Selected Marine Corps Reserve.

920101:  Applicant acknowledged that he was eligible but not recommended for promotion to LCpl for Jan 92 because of unsatisfactory participation in the Selected Marine Corps Reserve.

920128:  Counseled for deficiencies in performance and conduct [unexcused absences from Jan 7 and 8, 1992 drills (4 drills)]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920201:  Applicant notified of intended recommendation for discharge under other than honorable conditions for the failure to participate in reserve training as evidenced by 9 missed drills.

920201:  Applicant advised of 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.

920303:  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 missing 9 drills from 911101 to 920108.

920221:  SJA review determined the case sufficient in law and fact.

920225:  GCMCA [CG, 4 th MarDiv (Rein), New Orleans] directed the applicant's discharge under other than honorable conditions 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 920422 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).

Issues 1-3, 5 and 6. The applicant’s below average conduct and proficiency markings are not the sole determinant of his characterization of service. When a Marine’s service has been honest and faithful, it is appropriate to characterize that service as honorable. A characterization of service of under other than honorable conditions is warranted when the member's conduct constitutes a significant departure from that expected of a Marine. Despite the applicant’s completion of two periods of honorable active service, awards,i promotions, and absence of punishment, t he applicant’s service was nonetheless marred by his failure to attend regularly scheduled drills. The applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. An upgrade to honorable would be inappropriate. It must be noted that most Marines serve honorably and well and therefore earn honorable discharges. In fairness to those Marines, commanders and separation authorities are tasked to ensure that undeserving Marines receive no higher characterization than is due. Relief denied.

Issue 4. 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. Relief denied.

Issue 7. The Board found nothing to corroborate the applicant’s claim that he was unfairly denied an opportunity to make up his absences at a closer reserve unit. Relief is therefore denied.

Issue 8. The applicant was not authorized to be absent from drill during the drills scheduled in November, 1991 and January, 1992. This issue is without merit. Relief denied.

Issues 9-10. These issues are also without merit. The separation code and RE code the applicant received for his failure to participate in his reserve training are proper and equitable. Relief denied.

 The applicant 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. Representation at a personal appearance hearing is recommended but not required.


Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6213 of the Marine Corps Separation and Retirement Manual, (MCO P1900.16D, effective 890627 until 950817) states that a Marine may be separated for unsatisfactory participation in the Ready Reserve under criteria established in MCO P10014.1.

B. Marine Corps Reserve Administrative Management Manual, MCO P10014.1.

C. Table 6-1, Guide for Characterization of Service, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16D, effective 890627 until 950817).

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 “ afls14.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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