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USMC | DRB | 2002_Marine | MD02-00865
Original file (MD02-00865.rtf) Auto-classification: Denied


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

ex-PFC, USMCR
Docket No. MD02-00865

Applicant’s Request
The application for discharge review, received 020603, 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 030311. 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. I am applying for an update of my release from reserve duty which was general, other than honorable. I feel that my record during my active duty in wartime speaks for itself.

 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 901126 to 910513

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: 891129               Date of Discharge: 920813

 Length of Service (years, months, days):

         Active: 01 01 00
         Inactive: 01 07 11

 Age at Entry: 20                          Years Contracted: 8 (Reserve Option Enlistment
          Program; 6 active/2 inactive)
Education Level: 15                        AFQT: 86

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.9 (5)                       Conduct: 3.6 (5)

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, NDSM, SASM with 3 Bronze Stars, CAR, KLM, NUC, MUC

 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 :

891129:  Applicant signs Statement of Understanding for Enlistment in the Reserve Optional Enlistment Program (ROEP) acknowledging 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.

891227:  Applicant to initial active duty training.

900810:  Applicant released from initial active duty training.

901126:  Applicant to active duty training for Operations Desert Shield and Desert Storm.

910513:  Applicant released from active duty training.

910721:  Counseled for deficiencies in performance and conduct (Unsatisfactory participation in the SMCR (failure to attend drills)). Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

9109XX:  Page 11 Entry [unsigned by Applicant]: Applicant eligible but not recommended for promotion to corporal (E-4) for month of October because of unsatisfactory participation in reserve drills.

9112XX:  Page 11 Entry [unsigned by Applicant]: Applicant eligible but not recommended for promotion to corporal (E-4) for month of January because of unsatisfactory participation in reserve drills and unsatisfactory appearance.

911208:  Counseled for deficiencies in performance and conduct (Unsatisfactory participation in the SMCR (failure to attend drills)). Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920111:  Reduction Notification. Applicant reduced to private first class (E-2) effective this date and with a date of rank of 891227. Reason for reduction is Applicant's continued unsatisfactory participation in the Selected Marine Corps Reserve.

920112:  Applicant declared an unsatisfactory participant in the Selected Marine Corps Reserve by virtue of absences from November 1991, December 1991, and January 1992 drill periods.

920115:  Applicant notified of his command's intent to administratively separate him for unsatisfactory participation in the selected Marine Corps Reserve; advised that least favorable characterization is under other than honorable conditions.
920119:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27(b), elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

920201:  Commanding Officer recommended to the separation authority the Applicant's discharge under other than honorable conditions by reason of unsatisfactory participation in the Selected Marine Corps Reserve. The factual basis for this recommendation was a total of 24 unexcused absences from drill.

920307:  Applicant declared an unsatisfactory participant in the Selected Marine Corps Reserve by virtue of absences from March 1992 drill period.

920706:  SJA review determined the case sufficient in law and fact.

920710:  GCMCA (Commanding General, Marine Reserve Force) directed the Applicant's discharge under other than honorable conditions by reason of failure to participate (Reserve not on active duty).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 920813 under other than honorable conditions for unsatisfactory participation in the Selected Marine Corps 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: The Applicant contends that his service record warrants an honorable discharge.
 With regard to separation, unsatisfactory participation in (i.e., absence from) reserve drills warrants a characterization of service normally under other than honorable conditions. A characterization of honorable or general (under honorable conditions) is not authorized unless a Marine's record is otherwise so meritorious that an other than honorable characteri-zation clearly would be inappropriate. While the NDRB recognizes the Applicant's u nit/ campaign/service awards and that the Applicant did serve his country in combat, the records that the Board reviewed showed there was credible evidence the Applicant willfully failed to meet the acknowledged requirements of his service contract. Upon further examination, the Board determined that the Applicant's service records did not contain any mitigating or extenuating factors or any meritorious entries that would warrant an upgrade of the Applicant's discharge. Relief is therefore denied.

 The following is provided for the edification of the Applicant. There is no law or regulation that provides for an unfavorable discharge to be upgraded based solely on the passage of time or good conduct in the civilian life subsequent to leaving the service. However, the NDRB is authorized to consider post-service factors in the recharacteriza-tion of a discharge. 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. Verifiable proof of post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge. Evidence of continuing educational pursuits, an employment record, documentation of community service, and certification of non-involvement with civil authorities are examples of verifiable documents that may be provided to receive consideration for relief based on post-service conduct. At this time, the Applicant has not provided such documentation for the Board to consider an upgrade.

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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