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USMC | DRB | 2003_Marine | MD03-01502
Original file (MD03-01502.rtf) Auto-classification: Denied


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


ex-PFC, USMCR
Docket No. MD03-01502

Applicant’s Request
The application for discharge review was received on 20030917. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record review. The Applicant did not list any representative on the DD Form 293. Subsequent to the application, the Applicant obtained representation by the Disabled American Veterans.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040617. 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:

 1. “Dear Sir or Madam:
Thank you for taking the time to review my “issues” in regards to my application for The Review of Discharge or Dismissal from the Armed Forces of The United States.
On Sept. 5 1990 I was discharged from the USMCR with an “under than honorable conditions” discharge due to my failure to participate during my reserve duty on 7 weekends. I do not deny that I was not in attendance on those weekends. I feel that the discharge was improper due to the fact that I had no Commander or fellow Marines help me with some of the problems that were going on in my life at the time of my attendance problems.
At the time I was having serious relationship problems with my fiancé soon to be wife. Secondly, there were numerous problems at the reserve unit that were not being dealt with. To explain in detail, there were many new Marines coming into the unit that were not as experienced with the jobs and duty’s like I was. Instead of giving everyone the chance to do work in our area, my leaders always asked me or ordered myself to do the work since I was so good at and fast. I had no problem with this. The main problem is that everyone or a lot of Marines did not really talk to me or make me feel welcome anymore. I tried to blend in and be apart of the group but I was just a worker that they seemed to use me for just to get the work done.
 With the way I was being treated and I felt alone and like none of the other Marines in our area didn’t even care if I showed up. I had one SSgt. R_ my platoon sergeant came to visit me and tried to help me with some of my family problems and my problems with the reserve unit but he never explained to me if my problems with the reserve unit would be handled. I was told what would happen if I did not attend and I CLEARLY regret not attending.

I only wish that if the ISSUE’S I were dealing with had looked into at the time I am certain I would have made wiser decisions. I was very young and young man that age doesn’t always make the best decisions. I firmly believe that If my leadership could of counseled myself more or gave me better guidance the young man at the time would not have made certain decisions. I had no one at the reserve unit talk to me about what we can do to make other Marines be more open and friendlier to myself or what I can do to be more involved in the group I was in. I simply just could not get my self to come to the weekend duty when I felt like I was there to do work while everyone else just sat their and watched me work and I did not even get any recognition, only the SGT in my area got the recognition for my work.
I firmly believe that once a Marine Always a Marine. Unfortunately, I am so ashamed that I did not speak up for my self more while I was on duty at the unit.
I want the Board to know that I am very proud to have passed the test of boot camp and the skills it requires a young man to become a US Marine. My father served time in Vietnam and when He found out that I had finally became a Marine he was so proud. I am also very proud of my duty in 29 Palms California and cold weather training in FT. McCoy Wis. These are the items that I really enjoyed and treasures in the Marines. It was the duties back at the Reserve Unit were the problems remained. If I would have had friends or leaders that would have given me netter guidance or leadership I am sure I would not have felt left out or taken advantage of. I did follow all of my orders while at the reserve unit no matter how much other Marines left me feeling like I did not belong. I do regret the mistake of missing some of the weekends that caused this mess. I wish I could turn back the clock and use the knowledge I have now to fight that problem. Knowledge of wisdom, never quit attitude. I was a very young man and made one mistake. I repeat I only made one mistake out of all the time during my duty in the Marines. I was a model Marine a very Good Marine with respect and HONOR. I simply had a few months of family and Reserve unit morale problems that has left me feeling guilty all these years.

Please understand that I would walk to the end of the earth and back if I could get the board to reverse the discharge I have. I would go back and help at a reserve unit or whatever to get me in the clear.
I have had a great life since those days at the unit. I was not a failure.
Even tough I feel like I had no support or guidance or help after I left I worked at the Boeing Company for over 13 years. I was laid off recently due to the planes crashing into the towers on Sept. 11 th .
I have recently gone to college and this December I will graduate with my Business Management degree. In January 2004 I am scheduled to return to Wichita State University to finish up with a BA in Education. I really am looking forward to being an elementary teacher.
 I guess what I am saying is that I have a great wife and a wonderful son named Samuel who I have been taking care of since he was 8 weeks old after my lay off . I am a great person; I have dreams and am a wonderful role model to my family. The Marines ahs shaped me into what I am today. I simply don’t want the auctions of a few weekends in the reserve unit to haunt my life forever. I am proud to still be called a US Marine. I have had a beautiful framed photo of my Marine photo on the wall for years. My parents and family are still proud of me. Finally. I am 35 years old and would do anything you ask to help me resolve these issues. I sincerely thank the board for reviewing my enclosed documents and may God Bless the troops in Iraq and in Harms way through out the world.
Semper Fi, R_ R_ F_ ”
Additional issues submitted by Applicant’s counsel/representative (DISABLED AMERICAN VETERANS):

 2. “Dear Chairperson:
After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of evidence assembled for review, we continue to note the contention of the appellant in his request for a discharge upgrade of his current Under Other Than Honorable Conditions discharge (UOTH) to that of Honorable.
The FSM served on active service from October 1, 1986 to February 21, 1987 at which time he was discharged due to completion of active service obligation. Subsequently, initiating his term of service in the U.S.M.C. Reserves. In regards to this service he received an UOTH discharge to multiple un-excused absences from October 1989 to May 1990.
The FSM accepts responsibility for the missed duty periods, but goes on to explain that these periods were missed due to personnel problems within his unit that he never sought assistance with to correct. Explaining that although there was work to do, it was always put on him and not shared with the other members of the Reserve Unit. The work completed above the standard merited recognition, of which was given to the NCO and not himself, and that he had the feeling he was being used, unappreciated, and unwelcome by the rest of the Unit.
It was these issues that caused him, or rather made him feel the need to miss the duty periods, and while accepting responsibility the FSM also acknowledges the fact that it was up to him to point out these problems and seek guidance from the chain of command.
Since his discharge, he has maintained a good family life, and work ethic. After being laid off from Boeing Aircraft, he did not just sit around he went back to school and earned a degree to continue to better himself, his family and the community in which he lives. Later in the year he will earn his Education degree and then begin to teach and influence the children in his community.
The FSM, and we as the representative contend that consideration be given to equitable relief, as this is a matter that involves a determination whether a discharge should be changed under the equity standards, to include any issue upon which the applicant submits to the Board’s discretionary authority, under SECNAVIST 5420.174C.

We ask for the Board’s careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision. These issues do not supersede any issues previously submitted by the applicant.
Respectfully, J_A_

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Pages from Applicant’s service record book [3 pages]
 Letter from Applicant, undated
 Photo of US Marine photo
Copy of certificate dated 20001005
 Copy of Phi Theta Kappa certificate
 Copy of Leadership certificate dated 19950405
 Copy of Quality Improvement certificate dated 19941213
 Copy of Certificate of Achievement dated 20011129
Copy of Diploma dated 19870220
 Copy of form DD 216 dated 19871201
 Copy of MCI certificate dated 19881114
Copy of form DD 216 dated 19870401
 Copy of MCI certificate dated 19880120
 Letter from Applicant, undated
Copy of letter from Children’s Home dated 20030916


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: 860428               Date of Discharge: 900905

 Length of Service (years, months, days):
         Active: 00 06 13
          Inactive: 03 09 25
Age at Entry: 20                          Years Contracted: 8

Education Level: 12                        AFQT: 42
Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 4.1 (9)              Conduct: 4.1 (9)

 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 :

891010:  Counseled by letter for deficiencies in performance and conduct [Unsatisfactory participation]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
891203:  Counseled by letter for deficiencies in performance and conduct [Unsatisfactory participation]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

900107:  Counseled by letter for deficiencies in performance and conduct [Unsatisfactory participation]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

900303:  Counseled by letter for deficiencies in performance and conduct [Unsatisfactory participation]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

900303:  Letter of intent to administratively reduce for the failure to participate in reserve training was sent via certified mail, return receipt requested.

900318:  Counseled by letter for deficiencies in performance and conduct [Unsatisfactory participation]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

900408:  Counseled by letter for deficiencies in performance and conduct [Unsatisfactory participation]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

900506:  Counseled by letter for deficiencies in performance and conduct [Unsatisfactory participation]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

900408:  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.

900506:          Applicant advised of his rights and having elected not to consult with counsel, elected to waive all rights.
900517:  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 his failure to attend 29 regularly scheduled drills. Commanding officer’s comments: [SNM has filed to attend drills or his Annually Training Duty (ATD) nor has he attempted to contact this unit as to the reason for his missing drill.].
900820:  SJA review determined the case sufficient in law and fact.
900821:  GCMCA [CG 4 th MARDIV] 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 19900905 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 problems in the Marine Corps can be attributed to his "personal problems." While he may feel that his personal issues were the underlying cause of his misconduct, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service. The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. Relief on this basis is denied.

When the service of a member of the Marine Corps has been honest and faithful, it is appropriate to characterize that service as honorable. An Under Other Than Honorable Conditions discharge is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. The Applicant missed seven drill weekends. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the Marine Corps and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

Issue 2. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (B, Part IV). However, 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 the civilian life subsequent to leaving the service. Normally, to permit relief, a procedural error or inequity must have been found to have existed during the period of enlistment in question. 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, is considered. The applicant provided documentation of his former employment, education pursuits and volunteer efforts. Despite the Applicant’s significant post-service accomplishments, the Board found that his post-service conduct was not sufficient to mitigate the Applicant’s misconduct. Therefore, no relief will be granted.

The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and/or the reason for discharge if such change is warranted. There is no evidence of impropriety or inequity in the Applicant’s discharge. The Applicant’s misconduct is clearly documented. Therefore, relief is denied.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time. 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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