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USMC | DRB | 2003_Marine | MD03-00021
Original file (MD03-00021.rtf) Auto-classification: Denied


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

ex-Pvt, USMCR
Docket No. MD03-00021

Applicant’s Request
The application for discharge review, received 20020925, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a personal appearance hearing before the board in the Washington National Capital Region. The Applicant listed the Veterans of Foreign Wars as the representative on the DD Form 293.

Decision

A personal appearance discharge review hearing was conducted in Washington, D.C. on 20030917. The Applicant was given ten business days after the hearing to submit additional supporting documents. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service at the time of issue was discovered by the NDRB. 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.







THIS IS THE CORRECT SHELL FOR DISCHARGE OF A RESERVIST FOR UNSAT PARTICIPATION, EFFECTIVE 18 AUG 95 UNTIL PRESENT. Paragraph 6213 of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E, effective 950818)

NARRATIVE REASON FOR SEPARATION

 For SPD Code’s GSK1 and HSG1 the Narrative Reason for Separation is “UNSAT PARTICIPATION IN READY RESERVE” (Listed on page A-7 of MCO P1900.16E, effective 18 Aug 95)

SPD               English Description

GSK1     Failure to Participate (Reserve not on active duty) (with board)
HSG1     Failure to Participate (Reserve not on active duty) (board waived)

 Characterization of service is written “HONORABLE”, “ GENERAL ( UNDER HONORABLE CONDITIONS)”, “UNDER OTHER THAN HONORABLE CONDITIONS”, or “UNCHARACTERIZED” (See page B-7 of MCO P1900.16E, effective 18 Aug 95)

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 1. Post service conduct.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Decisional Document from previous review
Madison Southern High School Diploma dated 1992
Discharge certificate, dated April 27, 1998
Letter from Inspector-Instructor, MPCo A(1) HQSVCBn, 4thFSSG, dated April 28, 1998
W-2 Wage ad Tax Statement 1994
Employment verification, dated August 23, 2002
Employment verification, dated November 30, 1998
Certificate of completion, dated December 1995
Certificate of completion, dated November 23, 1998
Three pages from Applicant's service record
Criminal history record, dated November 28, 2001
Letter from Applicant, dated September 30, 2003
Letter of Appreciation, dated September 18, 2003
Letter from B_ L_
Documentation from previous review as follows:
         Letter to the board, undated
         Discharge certificate, dated April 27, 1998
         Letter from Inspector-Instructor, MPCo A(1) HQSVCBn, 4thFSSG, dated April 28, 1998
 W-2 Wage ad Tax Statement 1994
          Employment verification, dated November 30, 1998
         Certificate of completion, dated December 1995
         Certificate of completion, dated November 23, 1998
         Eastern Kentucky University transcript (Fall 1992 - Fall 1999)
 Record of Promotion
Record of Service
Criminal History Record (2 pages)
          Certificate of promotion to Lance Corporal, dated December 1, 1994
         Applicant's letter, undated
 Certificate of Associate of Arts Degree in Police Administration from Eastern Kentucky University, dated December 14, 2002
Letter from Applicant, dated September 30, 2003
Letter of Authorization, dated September 18, 2003
Letter of volunteer service from B_ L_

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: 930417               Date of Discharge: 980427

 Length of Service (years, months, days):

         Active: 00 04 29
         Inactive: 04 08 01

 Age at Entry: 20                          Years Contracted: 8

 Education Level: 12                        AFQT: 51

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 1.3 (7)                       Conduct: 1.2 (7)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 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 :

940315:  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.

950709:  Letter of intent to administratively separate under other than honorable conditions for the failure to participate in reserve training mailed to Applicant.

950727:  Applicant's letter acknowledged the personal receipt of the Notification of Separation Proceedings, dated 950709, the Acknowledgement of Rights form and the Purpose and Scope of the Naval Discharge Review Board and Board for Corrections of Naval Records form. Applicant elected to waive all rights except the right to obtain copies of the documents used to support the proposed discharge.

951203:  Counseled for deficiencies in performance and conduct. [Unsatisfactory participation in the selected Marine Corps Reserve. Specifically unexcused absence from IDT on 951202 and 951203.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

960106:  Counseled for deficiencies in performance and conduct. [Unsatisfactory participation in the selected Marine Corps Reserve. Specifically unexcused absence from IDT on 960105 and 960106.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

960204:  Counseled for deficiencies in performance and conduct. [Unsatisfactory participation in the selected Marine Corps Reserve. Specifically unexcused absence from IDT on 960203 and 960204.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

960303:  Counseled for deficiencies in performance and conduct. [Unsatisfactory participation in the selected Marine Corps Reserve. Specifically unexcused absence from IDT on 960302 and 960303.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

960414:  Counseled for deficiencies in performance and conduct. [Unsatisfactory participation in the selected Marine Corps Reserve. Specifically unexcused absence from IDT on 960413 and 960414.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

960602:  Counseled for deficiencies in performance and conduct. [Unsatisfactory participation in the selected Marine Corps Reserve. Specifically unexcused absence from IDT on 960531, 960601 and 960602.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

960714:  Counseled for deficiencies in performance and conduct. [Unsatisfactory participation in the selected Marine Corps Reserve. Specifically unexcused absence from IDT on 960713 and 960714.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

960804:  Counseled for deficiencies in performance and conduct: [Unsatisfactory participation in the selected Marine Corps Reserve. Specifically unexcused absence from IDT on 960803 and 960804.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

960908:  Counseled for deficiencies in performance and conduct. [Unsatisfactory participation in the selected Marine Corps Reserve. Specifically unexcused absence from IDT on 960907 and 960908.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

961108:  Counseled for deficiencies in performance and conduct: [Unsatisfactory participation in the selected Marine Corps Reserve. Specifically unexcused absence from IDT on 961107 and 961108.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

961208:  Counseled for deficiencies in performance and conduct: [Unsatisfactory participation in the selected Marine Corps Reserve. Specifically unexcused absence from IDT on 961207 and 961208.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

970105:  Counseled for deficiencies in performance and conduct: [Unsatisfactory participation in the selected Marine Corps Reserve. Specifically unexcused absence from IDT on 970104 and 970105.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

970201:  SJA review determined insufficient information concerning personal service (hand delivering notification) or affidavit of attempted personal service for mail receipt.

970202:  Counseled for deficiencies in performance and conduct: [Unsatisfactory participation in the selected Marine Corps Reserve. Specifically unexcused absence from IDT on 970201 and 970202.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

970215:  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 unexcused absences within the preceding twelve months by failing to attend regular scheduled drills and failure to perform equivalent instruction or duty.

970302:  Counseled for deficiencies in performance and conduct: [Unsatisfactory participation in the selected Marine Corps Reserve. Specifically unexcused absence from IDT on 970301 and 970302.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

970406:  Counseled for deficiencies in performance and conduct: [Unsatisfactory participation in the selected Marine Corps Reserve. Specifically unexcused absence from IDT on 970405 and 970406.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

970407:  SJA review determined the case sufficient in law and fact.

970407:  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.

970518:  Counseled for deficiencies in performance and conduct: [Unsatisfactory participation in the selected Marine Corps Reserve. Specifically unexcused absence from IDT on 970516, 970517 and 970518.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

970608:  Counseled for deficiencies in performance and conduct: [Unsatisfactory participation in the selected Marine Corps Reserve. Specifically unexcused absence from IDT on 970607 and 970608.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

970707:  Notification of intent to administratively reduce for unsatisfactory participation and or performance of reserve training in the selected Marine Corps Reserve. Mailed via certified mail.

970713:  Counseled for deficiencies in performance and conduct: [Unsatisfactory participation in the selected Marine Corps Reserve. Specifically unexcused absence from IDT on 970712 and 970713.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

970803:  Counseled for deficiencies in performance and conduct: [Unsatisfactory participation in the selected Marine Corps Reserve. Specifically unexcused absence from IDT on 970802 and 970803.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

970813:  Administratively reduced to the rank of Private First Class. Mailed via certified mail.

970813:  Notification of intent to administratively reduce for unsatisfactory participation and or performance of reserve training in the selected Marine Corps Reserve. Mailed via certified mail.

970907:  Counseled for deficiencies in performance and conduct: [Unsatisfactory participation in the selected Marine Corps Reserve. Specifically unexcused absence from IDT on 970906 and 970907.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

970907:  Administratively reduced to the rank of Private. Mailed via certified mail.

971005:  Counseled for deficiencies in performance and conduct: [Unsatisfactory participation in the selected Marine Corps Reserve. Specifically unexcused absence from IDT on 971003, 971004 and 971005.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

971101:  Counseled for deficiencies in performance and conduct: [Unsatisfactory participation in the selected Marine Corps Reserve. Specifically unexcused absence from IDT on 971031 and 971101.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

971114:  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.

971114:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

971207:  Counseled for deficiencies in performance and conduct: [Unsatisfactory participation in the selected Marine Corps Reserve. Specifically unexcused absence from IDT on 971206 and 971207.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

971215:  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 21 unexcused absences within the preceding five months of failing to attend regular scheduled drills and failure to perform equivalent instruction of duty.

980413:  SJA review determined the case sufficient in law and fact.

980413:  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.

020815:  NDRB case MD02-00243 documentary review conducted. Relief not granted.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19980427 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’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. The Applicant’s claim that he was denied pay due for active duty service and his belief that he was not treated fairly by his chain of command does not mitigate his misconduct. 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. 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. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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. While the Board commends the Applicant for the positive accomplishments he has made since his discharge, the Applicant’s evidence of post-service conduct was found not to mitigate the offense for which he was discharged. Relief not warranted.


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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