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USMC | DRB | 2002_Marine | MD02-00895
Original file (MD02-00895.rtf) Auto-classification: Denied


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

ex-Pvt, USMCR
Docket No. MD02-00895

Applicant’s Request
The application for discharge review, received 020606, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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. When I requested to be transferred to a unit closer to where I was living it was denied for reason I was not told.

2. When offered an administrative discharge I was not informed of how it would reflect on my record and if it would hurt my chances of re enlistment and veterans prefrence on federal and state civil service employment.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Statement of service
Notice of examination results from Commonwealth of Pennsylvania State Civil Service Commission dated September 19, 2000
Applicant's DD Form 214 (Release from Initial Tour of Active Duty for Training)
Seventeen pages from Applicant's service record

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: 860421               Date of Discharge: 900222

 Length of Service (years, months, days):

         Active: 00 02 26
         Inactive: 03 07 04

 Age at Entry: 17                          Years Contracted: 6

 Education Level: 12                        AFQT: 69

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2 (11)             Conduct: 4.0 (11)

 Military Decorations: None

 Unit/Campaign/Service Awards: None

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 :

860826:  Applicant to active duty for initial training.

861122:  Applicant released from active duty.

 890911:  Counseled for deficiencies in performance and conduct. [Missed drills for 3 Jun 89 (2), 4 Jun 89 (1), 8 Sep 89 (1), 9 Sep 89 (2), and 10 Sep 89 (2).] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Counseling entry not signed due to missing drill.

891117:  Counseled for deficiencies in performance and conduct. [Missed drills for 6 Oct 89 (1), 7 Oct 89 (2), and 8 Oct 89 (2).] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Counseling entry not signed due to missing drill.

891119:  Counseled for deficiencies in performance and conduct. [Missed drills for 18 Aug 89 (2), and 19 Aug 89 (2).] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Counseling entry not signed due to missing drill.

891218:  Counseled for deficiencies in performance and conduct. [Missed drills for 16 Dec 89 (2), and 17 Dec 89 (2).] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Counseling entry not signed due to missing drill.

891229:  Commanding Officer notified the Applicant of unsatisfactory drill participation via certified letter.
891229:  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).
900108:  Counseled for deficiencies in performance and conduct. [Missed drills for 5 Jan 90 (1), 6 Jan 90 (2) and 7 Jan 90 (2).] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

900124:  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 Applicant missed the following scheduled drills: 3 Jun 89 (2), 4 Jun 89 (2), 8 Sep 89 (1), 9 Sep 89 (2), 10 Sep 89 (2), 6 Oct 89 (1), 7 Oct 89 (2), 8 Oct 89 (2), 18 Nov 89 (2), 19 Nov 89 (2), 16 Dec 89 (2), 17 Dec 89 (2).

900214:  SJA review determined the case sufficient in law and fact.

900214:  GCMCA [Commanding General, 4 th Marine Division (Rein)] 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 900222 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 and 2. 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 more than ten consecutive scheduled drill periods of his reserve unit. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his 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. The Applicant’s failure to understand the ramifications of his discharge does not mitigate his misconduct. The Board found no indication that he was improperly or inequitably denied a transfer to another reserve unit. An upgrade would be inappropriate. Relief denied.

 The Applicant’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident 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 P1900.16D, 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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