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USMC | DRB | 2003_Marine | MD03-00702
Original file (MD03-00702.rtf) Auto-classification: Denied


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

ex-PFC, USMCR
Docket No. MD03-00702

Applicant’s Request
The application for discharge review was received on 20030310. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a personal appearance hearing before the Board in the Washington National Capital Region. The Applicant listed a private representative as the representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040224. 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 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/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 stated

 Applicant’s issues, as stated on the application:

 “I assert two issues that warrant a hearing in this matter:

I. I feel that my discharge was unfair and should be upgraded because the characterization of “under other than honorable” does not accurately describe my character of service in that I serve a period of active duty, received an Honorable Discharge from active duty and never received disciplinary action during my active or reserve enlistment.

II. I believe that there are outstanding post-service factors that warrant the re-characterization of my discharge, to the extent that such matters provide a basis for a more thorough understanding of my performance and conduct during the period of service under review.

The following information is offered for your consideration on these issues:

1. On July 20, 1992, I entered active duty in the U.S. Marine Corps;

2. On January 27, 1993, I was discharged from active duty and commenced service in the Marine Corps Reserve. My service was characterized as Honorable.
 [Document 1] .

3. At no time during my active duty or reserve service was I subjected to disciplinary action. That is, I received neither Non-Judicial Punishment nor a Court-Martial.
 [Document 2 ].

4. In 1993, I failed to participate in reserve drills and was discharged, I did not receive disciplinary action during this period and was not given a DD 214 upon
termination from reserve duty. [Document 3] .

5. Since my discharge from the Marine Corps Reserves I have attended college, founded a business and participated in numerous charitable and community-service events in order to demonstrate my commitment to my country and community. Although I failed to complete my reserve drill obligation, I feel that I have demonstrated that I am the type of individual whose service would have been characterized as Honorable.”






 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 from active duty
NAVMC 118-12 form, Offense and punishment from service record
Letter from Applicant, dated December 13, 2002
Letter from Applicant’s mother, dated December 18, 2002
Letter from Applicant’s step-father, dated December 18, 2002
Character reference, undated
Character reference, dated September 30, 2002
Character reference, dated October 17, 2002
Character reference, undated
Five 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: 920708               Date of Discharge: 941115

 Length of Service (years, months, days):

         Active: 00 06 08
         Inactive: 01 09 30

 Age at Entry: 19                          Years Contracted: 8

 Education Level: 12                        AFQT: 69

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (4)                       Conduct: 4.4 (4)

 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/Failure to Participate (Reserve not on active duty) (administrative discharge board required but waived); authority: MARCORSEPMAN 6213.

 Chronological Listing of Significant Service Events :

920708:  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.

930501:  Counseled for deficiencies in performance and conduct. [Failure to maintain Marine Corps Physical Fitness Standards/failure of the Marine Corps Physical Fitness Test on this date.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940306:  Counseled for deficiencies in performance and conduct. [Five missed drills.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Not available for signature.

940410:  Counseled for deficiencies in performance and conduct. [Five missed drills for a total of 10 missed drills.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940514:  Commanding officer notified the Applicant of unsatisfactory drill participation via certified letter.
940514:  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).
940915:  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 your failure to attend drills during the months of March and April 1994.

941016:  SJA review determined the case sufficient in law and fact.

941019:  GCMCA [Commanding General, Marine Reserve Force] 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 19941115 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. 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 scheduled unit drills. 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 or under honorable characterization of service. Relief denied.

Issue 2 . 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 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, 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. Verifiable proof of any 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, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence of a substance free lifestyle, are examples of verifiable documentation that may be provided to receive consideration for relief, based on post-service conduct. The Applicant’s evidence of post-service conduct was found not to mitigate the offense for which he was discharged. 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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