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USMC | DRB | 2002_Marine | MD02-00369
Original file (MD02-00369.rtf) Auto-classification: Denied


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


ex-PFC, USMCR
Docket No. MD02-00369

Applicant’s Request
The application for discharge review, received 020130, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review and/or a personal appearance hearing before a traveling panel closest to Dallas, TX. The applicant did not designate a representative on the DD Form 293. A record review was conducted.

Decision

A documentary discharge review was conducted in Washington, D.C. on 021008. 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, as submitted

 1. During June 26, 1998 me and my ex-wife separated. I was in a bad state of mind at this time and stopped going to drill in August of this year (1998). I tried several times to return in Jun 1999 and May of 2000. During these times I told them of my situation and they showed no sympathy and thought I was being, I guess you would say "a wuss" about the whole situation. In Jan 1999, I tried to speak with the officer in charge about the situation and got the some emotions from him. I continued to miss until May 2000. I wanted make good on the situation, they told me I could make up my drills but I would receive no pay. I agreed and started making up my drills. SSGT B_ was the person who told me I could make these drills up, but when it came to August, after I made up 15 days of drill with no pay and traveling 180 miles from Dallas to Abilene to do so, they told me there was no need to keep coming because there was nothing I could do. I feel they didn't try in this situation. So in August I stopped coming completely. I feel I did not deserve such discharge because previously to me missing drills I never missed one and participated in every facet of Marine drills. I hope you could see this in my eyes without any bias. Other factors including during this time I have missed is I have three children and my ex-wife would not help watch them when I would try to go to drills from June 1998 - 12/2000. I had all three children all the time, with no help from ex-wife. By me missing work would have caused great hardship, if I went to drill.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 for active duty period (940712 - 950317)
Applicant's statement to the Board
 Applicant's Academic Record from the University of North Texas (Summer, Fall 2000; Spring, Summer, Fall 2001; Spring 2002)

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: 940204               Date of Discharge: 010507

 Length of Service (years, months, days):
         Active: 00 08 06
          Inactive: 06 06 29
Age at Entry: 19                          Years Contracted: 8
Education Level: 12                        AFQT: 73

 Highest Rank: LCpl
Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.5 (9)                       Conduct: 4.4 (9)
Military Decorations: None

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

940711:  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.
940712:  Commenced Initial Active Duty for Training (IADT).

 950317:  Released from IADT, having served 8 months, 6 days with a characterization of service as "honorable."
970405:  Counseled for deficiencies in performance and conduct [exceeding maximum weight standards - current weight is 229 and max allowable weight is 214]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
980912:  Counseled for deficiencies in performance and conduct [unauthorized absence from scheduled drill on 9, 10, 11 and 12 Sep 98]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
981004:  Counseled for deficiencies in performance and conduct [unauthorized absence from scheduled drill on 3 and 4 Oct 98]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

981107:  Counseled for deficiencies in performance and conduct [unauthorized absence from scheduled drill on 6 and 7 Nov 98]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

981206:  Counseled for deficiencies in performance and conduct [unauthorized absence from scheduled drill on 5 and 6 Dec 98]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

990318:  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 and did not return the "Acknowledgement of Rights" letter. The failure to acknowledge official certified mail constituted acknowledgement and waiver of all rights (MARCORSEPMAN par. 6303).
990428:  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 accumulation of 48 unauthorized absences from regularly scheduled drills since 06 December 1998.
990804:  Administratively reduced to PFC due to unsatisfactory participation and or performance of Reserve training - failure to attend scheduled drills and/or annual training.
000126:  GC, 4 th FSSG returned discharge package to the command for clarification and/or correction of applicant's rank and requested justification for why package was late.

 000920:  Administratively reduced to Pvt due to unsatisfactory participation and/or performance of Reserve training - failure to attend scheduled drills and/or annual training.

001129:  Command advised Commander, Marine Forces Reserve (SJA) that discharge is late due to admin oversight, but corrective action has been completed.

010507:  SJA review determined the case sufficient in law and fact.

010507:  GCMCA [Commander, Marine Forces Reserves] directed the applicant's discharge under conditions other than honorable due to unsatisfactory participation in the Ready Reserve.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 010507 under other than honorable conditions 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. 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. T he applicant’s service was marred by his failure to participate in his reserve unit 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. While he may feel that his marital problems and civilian job were factors that contributed to his actions, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service. The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions. 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.
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 not warranted.

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 P1900.16E), 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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