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USMC | DRB | 2002_Marine | MD02-00887
Original file (MD02-00887.rtf) Auto-classification: Denied


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

ex-PFC, USMCR
Docket No. MD02-00887

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 030319. 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. Dear Board Members,

I am writing to request that my discharge status be upgraded to "Honorable." In April of 1990, at the age of 20, I enlisted in the Marine Corps Reserves. I completed my recruit training at Parris Island, where I was both squad leader and a guide bearer. Following Combat school and MOS training I reported to H&Sco, 4thSupBn, 4thFSSG, 4THMarDiv, FMF, USMCR, RUC, Newport News, VA. Shortly thereafter, in December of 1990 I was called to active duty and deployed to Southwest Asia, where I served from January through May of 1991 as part of Operation Desert Shield/Storm. My service in the Gulf was decidedly Honorable and I was commended for my performance of duty, receiving the U.S. Marine Corps Certificate of Commendation.
My personal performance was not nearly as impressive when I returned from the Gulf War. I was immature and had considerable difficultly readjusting to life in the United States. I found myself abusing alcohol and ultimately neglecting my service obligations. I am embarrassed to look back on a time when I missed drill, not because I did not want to participate, but because I would wake up unaware of my surroundings and my actions the night before. Events seemed to spin out of control and despite several attempts to make up for my delinquency, I was processed out of the military. It might have been the best thing for me at the time. I was awaken to my mistakes and I got my life onto a healthier track. However, my mistakes at 22 continue to haunt me-- specifically my dreams of a career in law enforcement. Year ago, when my applications to the Fairfax County Police Department and the U.S. Capitol Police were rejected on the basis of my unfavorable discharge status I accepted the decision as a consequences of my own actions. But even years later, as I approached the age limit for many of these positions, I can not help but ask for a second chance. Please consider upgrading my discharge status so that I can pursue a career in law enforcement. Allow me the opportunity to serve the United States again.


 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Certificate of Commendation
Certificate of Excellence (300 points on PFT)
DD Form 214 (Involuntary Recall)
DD Form 214 (IADT)

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: 900413               Date of Discharge: 940314

 Length of Service (years, months, days):

         Active: 01 00 07
         Inactive: 02 10 25

 Age at Entry: 20                          Years Contracted: 8

 Education Level: 12                        AFQT: 52

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.48 (9)             Conduct: 4.4 (9)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR, SWSMw1*, KLM, MUC, COC, Sharpshooter Rifle 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 :

900413:  Enlistment contract into the USMCR documents Applicant's acknowledge-ment 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.

900419:  Applicant to initial active duty training.

901004:  Applicant released from initial active duty training.

901210:  Applicant involuntarily recalled to active duty for Operations Desert Shield and Desert Storm.

910630:  Applicant released from required active service.

911120:  Page 11 entry: Applicant notified of possible administrative reduction to PFC (E-2) for unsatisfactory drill performance.

920114:  Page 11 entry: Applicant failed to respond to 911120 notification of possible administrative reduction; reduced to PFC this date.

920307:  Page 11 entry: Applicant not recommended for promotion to LCpl due to missing drills.

920401:  Page 11 entry: Applicant not recommended for promotion to LCpl due to missing drills.

920501:  Page 11 entry: Applicant not recommended for promotion to LCpl due to missing drills.

920504:  Page 11 entry: Applicant notified of possible administrative reduction to Pvt (E-1) for unsatisfactory drill performance.

920518:  Page 11 entry: Applicant failed to respond to 920504 notification of possible administrative reduction; reduced to Pvt this date.

920730:  Page 11 entry: Letter of Notification of deficient performance/conduct forwarded to Applicant this date. Letter counsels Applicant of unsatis-factory participation in drills. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

930623:  Notification of Separation Proceedings outlining the intent to administra-tively separate the Applicant under other than honorable conditions for the failure to participate in reserve training sent via certified mail with return receipt requested.

930702:  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).
930816:  Commanding Officer recommended to the separation authority the Applicant's discharge under other than honorable conditions by reason of unsatisfactory participation in the Ready Reserve. The factual basis for this recommendation was unexcused absence from 16 scheduled drills. Commanding Officer comments: "[Applicant] continues to show contempt towards his contractual obligation to the Marine Corps Reserve. His inability and/or unwillingness to make up missed drills and the unlikeli-hood of his presence at future drills make him an extreme liability to the moral [sic] and success of the unit. [Applicant] has no future mobilization potential."

940224:  SJA review determined the case sufficient in law and fact.

940311:  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) due to unsatisfactory participation in the Ready Reserve.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 940314 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: 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 positive aspects of the Applicant's service, to include participation in Operations Desert Shield and Desert Storm, 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 entries so meritorious as to 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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