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NAVY | DRB | 2004 Marine | MD04-01214
Original file (MD04-01214.rtf) Auto-classification: Denied


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

ex-Pvt, USMCR
Docket No. MD04-01214

Applicant’s Request
The application for discharge review was received on 20040722. The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions. The Applicant requests 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 20041222. 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:

“It is my firm belief that the reasons for my unsat participation were viable, I have attached a letter which states these reasons that I have previously sent to the 1 st Sgt which explained my situation

 To:      First Sergeant M_ E. M_

From:    Private, L_ S_ (Applicant)

My name is L_ S_ (Applicant) a private in weapons company dragons platoon. I am writing to you in regards to an explanation I would like to give to my countless number of unexcused absences from drill and training. A letter was written instead of a phone call because I would find it to difficult to explain over the phone the situations and predicaments which have led to my actions being as they were. First of all I would like to apologize for my irresponsible behavior of not maintaining contact with the drill center or my platoon sergeant or even a squad leader or anyone else for that matter in the dragons platoon, those were extremely poor actions which I have presented. But the fact of the matter is this, my absence from drill is all strictly due to very complicated family issues, which honestly I could not control and were out of my hands completely. I have a mother with severe depression she is on a couple different types of medication, she sees a doctor about her problem but still her illness persists on staying where it is. I care for my mother very deeply because she is the only one from my immediate family which I have left besides my little sister, you see my father passed away in April of 2002, and that left me thinking that she is the only parent that I have left, and I will do anything that I can to ease her life from all the stress that she has, you see she worries constantly about me going to war and fighting and getting killed in the process, it doesn’t bother me, not at all as a matter of fact, that is one of the main reasons why I even joined the Corp in the first place to go and fight and die for my country if I have to. But you see it bothers her, it bothers her very much, and I love my mother very much and seeing as how her condition is getting progressively more severe I felt that the following actions which I have taken would ease my mothers stress which intern would allow her to maybe start feeling better. I’m very sorry I had to take such inappropriate actions to better the well being of my parent but I felt that it was the right thing to do. A letter from my mothers doctor is attached to this one somewhat verifying what I have written here, please contact her if you have any questions pertaining to this matter. I myself know that it is too late to better my current situation within the Marine Corps Seeing as how I know I am most likely being processed for separation, but still I would like to justify why I did what I did.”



 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from psychiatrist, dtd October 8, 2002
Two 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: 000721               Date of Discharge: 030907

 Length of Service (years, months, days):

         Active: 00 04 20
         Inactive: 02 08 25

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 12                        AFQT: 34

 Highest Rank: PFC                          MOS: 0311

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMF*                          Conduct: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

*No marks found in service record.

 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 :

000721:  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.

010117:  Applicant reported for initial tour of active duty for training.

010606:  Applicant released from initial tour of active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.

020405:  Counseled for deficiencies in performance and conduct. [Unexcused absences totaling 15 unexcused drills.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

030803:  Counseled for deficiencies in performance and conduct. [Unexcused absences totaling 43 unexcused drills.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

030907:  GCMCA [Commanding General, Headquarters, Fourth Marine Division] directed the Applicant's discharge under conditions other than honorable by reason of misconduct due to unsatisfactory participation in the Ready Reserve.

 Parts of Applicant’s discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030907 under other than honorable conditions by reason of unsatisfactory participation in ready reserve (A and B). After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D). The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (E).

The Applicant contends his disciplinary problems were the result of a stressful family situation which caused him to miss 48 drills. The NDRB recognizes that serving in the U.S. Marine Corps is challenging. Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country. It must be noted that most members of the Marine Corps serve honorably and therefore earn their honorable discharges. In fairness to those members of the Marine Corps, commanders and separation authorities are tasked to ensure that undeserving Marines receive no higher characterization than is due. The NDRB found that the Applicant's service was equitably characterized. Relief denied.

The following is provided for the edification of the Applicant. Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. 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 naval service. The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided any documentation for the Board to consider. Relief 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 P1900.16E), effective 01 Sep 2001 until Present.

B. Marine Corps Reserve Administrative Management Manual, MCO P1001R.1, Chapter 3, Reserve Participation and Administrative Procedures, paragraph 3300.

 C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .
E. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

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 “ http://Boards.law.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:

                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023



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