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USMC | DRB | 2002_Marine | MD02-00670
Original file (MD02-00670.rtf) Auto-classification: Denied


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


ex-PFC, USMCR
Docket No. MD02-00670

Applicant’s Request
The application for discharge review, received 020408, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030131. 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. Dear Review Board,
 I feel that the discharge that I received was inadequate due to the fact that I had legitimate reasons for my actions. I went into the Marine Corps as a reservist. The reason for me joining was so that I would have a better chance in a law enforcement career. I wanted to get training before I tried to apply for a law enforcement job. So I joined as a reservist. I was released from active duty status on 06/11/02 at that time I was assigned to a unit that was close to my home in Washington D.C. I went to that unit only to check in and check out. I met my who is now my husband and moved to N.C. I was transferred to a unit in N.C. but when I got there they said it was the wrong unit, they said that they were a active reserve unit and I needed to go to another unit, so a few months went by before they straightened it out. I arrived at my new unit and drilled approximately 3 months. At that time my Grandfather died and my grandmother became really sick, there was no one to take care of her and she required around the clock care, so I moved down to NJ to take care of her. I informed my unit of the family emergency that I had and was informed by the Admin chief at that unit that if I felt like it was to much for me to handle I could request to get out before my contract is up. So that is what I did. I was told that the discharge would be an administration separation that would fall under honorable conditions. You can imagine the shock I felt to find out other wise. As you will see in my records, I do not have any bad paper work at all. I was a good Marine in a difficult family situation. I need a change in discharge because I need a honorable discharge to join a law enforcement agency. This has been a life long dream for me. Please look at my situation and reevaluate the decision that was made. Please I am begging you. Attached is a character reference from my current place of employment, and college transcripts. Please help me in this situation
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter of recommendation dated December 17, 2001
 Official transcript from Coastal Carolina Community College dated August 3, 2001
 Applicant's 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: 981204               Date of Discharge: 010223

 Length of Service (years, months, days):
         Active: 00 06 06
          Inactive: 01 08 14
Age at Entry: 20                          Years Contracted: 8
Education Level: 12                        AFQT: 39

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

 Proficiency: NMF*                          Conduct: NMF
Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

 *No Marks Found in the service record.

 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 :

980604:  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.
981207:  Applicant reported for initial tour of active duty for training.
990612:  Applicant released from initial tour of active duty for training with an Honorable discharge by reason of completion of required active service (USMCR) IADT.

 991107:  Counseled for deficiencies in performance and conduct. [Unexcused absence from scheduled drills on 991105, 991106 and 991107.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. [Applicant not available for signature.]

000206:  Counseled for deficiencies in performance and conduct. [Unexcused absence from scheduled drills 000205 and 000206.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. [Applicant not available for signature.]

000305:  Counseled for deficiencies in performance and conduct. [Unexcused absence from scheduled drills 000304 and 000305.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. [Applicant not available for signature.]

000516:  Commanding Officer notified the Applicant of unsatisfactory drill participation via certified letter.
000627:  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. The failure to acknowledge official certified mail constitutes acknowledgement and waiver of all rights (MARCORSEPMAN par. 6303).
000627:          Administrative reduction to PFC due to unsatisfactory participation.
001106:  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 unit muster sheets show that Applicant failed to report for drill on the following dates:
                  DATE     # of IDT Periods
          991105 - 991107  4
         000205 - 000206  4
          000304 - 000305  4
          000408 - 000409  4
         000505 - 000507  5
          000603 - 000604  4
010220:  SJA review determined the case sufficient in law and fact.

010220:  GCMCA [Commander, Marine Forces Reserve] directed the Applicant's discharge under conditions other than honorable 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 010223 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. While the Applicant may feel that family problems and confusion over unit assignments were factors that contributed to her actions, the record clearly reflects her disregard for the requirements of military discipline and demonstrated that she was unfit for further service. The record is devoid of evidence that the Applicant was not responsible for her conduct or that she should not be held accountable for her actions. Relief denied.
The Applicant’s discharge characterization accurately reflects her service to her country. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity 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, good conduct in civilian life, or to enhance employment opportunities. Relief denied.

The Applicant is reminded that she remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of her 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 “ 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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