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USMC | DRB | 2003_Marine | MD03-01381
Original file (MD03-01381.rtf) Auto-classification: Denied


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

, ex-PFC, USMCR
Docket No. MD03-01381

Applicant’s Request
The application for discharge review was received on 20030815. 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 did not designate a representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that the Board first conducts a documentary record review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040526. 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/UNSAT PARTICIPATION IN READY RESERVE, authority: MARCORSEPMAN 6213.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“1. When I went to buy a house I was told didn’t have enough points to qualify for it. I would like for my DD214 to reflect my six years I service so I can get my certificate.”

“2. Also I received a letter saying my rank was down graded from LCpl to PFC to my knowledge I haven’t done anything to justified that.”

“3. When I left the military I was never prossed out so I was never told all the benefits that were due to me so I had school money that went to waste.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Career Point Totals (2 pages)
Selected Marine Corps Reserve Certificate (16 Oct 90 to 15 Oct 94)
Discharge Authority letter dtd 26 Feb 98

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: 900226               Date of Discharge: 971007

 Length of Service (years, months, days):

         Active: 00 04 04
         Inactive: 07 03 08

 Age at Entry: 17 (Parental Consent)

 Years Contracted: 8

 Education Level: 12                        AFQT: 37

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.5 (8)                       Conduct: 4.5 (8)

 Military Decorations: None

 Unit/Campaign/Service Awards: Marksman Rifle Badge

 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 :

900226:  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.

901016:  Commenced Initial Active Duty for Training (IADT).

910219:  Released from IADT having service 4 months 4 days of active duty. Received characterization of service as “honorable.”

940410:  Counseled for failure to meet minimum standards on the Physical Fitness Test. Necessary corrective actions explained, sources of assistance provided and discharge warning issued.

941001:  Applicant acknowledged eligibility but not recommended for promotion to Cpl for the promotion period 941001 because of unsatisfactory participation in the SMCR.

950108:  Counseled for deficiencies in performance and conduct [unsatisfactory participation in the SMCR, specifically failure to attend regular scheduled drills on 940929(2), 940930(2) 941002(2)]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

960505:  Counseled for deficiencies in performance and conduct [unsatisfactory participation in the SMCR, specifically failure to attend regular scheduled drills on 960414]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

960910:  Applicant acknowledged eligibility but not recommended for promotion to Cpl for the promotion period 960701 because of unsatisfactory participation. [Applicant not available for signature.]

961006:  Counseled for deficiencies in performance and conduct [unsatisfactory participation in the SMCR, specifically failure to attend regular scheduled drills on 961005 and 961006]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. [Applicant did not sign due to unexcused absence from a scheduled drill.]

961006:  Applicant acknowledged eligibility but not recommended for promotion to Cpl for the promotion period 961001 because of unsatisfactory participation. [Applicant did not sign due to unexcused absence from a scheduled drill.]
961011:  Commanding Officer notified the Applicant of unsatisfactory drill participation via certified letter.
961103:  Counseled for deficiencies in performance and conduct [unsatisfactory participation in reserve, specifically failure to attend regular scheduled drills on 961102 and 961103]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. [Applicant did not sign due to unexcused absence from a scheduled drill.]
961112:  Commanding Officer notified the Applicant of intent to reduce in pay grade for unsatisfactory participation via certified letter.

961221:  Counseled for deficiencies in performance and conduct [unsatisfactory participation in the SMCR, specifically failure to attend regular scheduled drills on 961218, 961219, and 961220]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. [Applicant did not sign due to unexcused absence from a scheduled drill.]
970107:  Counseled for deficiencies in performance and conduct [unsatisfactory participation in reserve, specifically failure to attend regular scheduled drills on 970104 and 970105]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. [Applicant did not sign due to unexcused absence from a scheduled drill.]
970304:  Letter of intent to administratively separate for the failure to participate in reserve training was sent via certified mail. The failure to acknowledge official certified mail constitutes acknowledgement and waiver of all rights (MARCORSEPMAN par. 6303).

970306:  Letter of intent to administratively reduce was mailed on 961112. Applicant failed to respond to the letter and was administratively reduced to PFC.

970413:  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 due to excessive unexcused absence from 21 regular scheduled drills.

971007:  SJA review determined the case sufficient in law and fact.

971007:  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.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19971007 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. Correction of the Applicant’s DD Form 214 is inappropriate since the DD Form 214 is issued for active duty purposes only. Members of the SMCR whose service is characterized as Honorable or General (Under Honorable Conditions) are given a discharge certificate upon their final discharge and not a DD-214. If the Applicant feels his DD Form 214 is in error, he may write to the Headquarters, United States Marine Corps, Code MMSB-20, Quantico, VA 22134 to request changes.

Issue 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. The Applicant’s service was marred by his failure to participate in his reserve unit drills. The Applicant was reduced in rank for his unexcused absences. 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. The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.
Issue 3. The Board’s regulations limit its review to a determination on the propriety and equity of the discharge. The Veterans Administration determines eligibility for post-service benefits, not the NDRB. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans’ benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

The Applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. 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 P1900.16E), 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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