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USMC | DRB | 2005_Marine | MD0500336
Original file (MD0500336.rtf) Auto-classification: Denied


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

ex-LCpl, USMCR
Docket No. MD05-00336

Applicant’s Request
The application for discharge review was received on 20041214. The Applicant requests the characterization of service received at the time of discharge be changed to 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 20050330. 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

No issues were submitted by the Applicant.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Statement from Applicant, dated January 5, 2005
Statement from Applicant, dated June 7, 1992
Character reference, dated June 9, 1994
Character reference, dated June 14, 1994
Character reference, dated June 17, 1994
Informal Investigation into the request for discharge of a conscientious objector in the case of Hospitalman O_ C_, U. S. Navy, dated March 14, 1986 (5 pages)
One page from Applicant’s service record
Applicant’s DD Form 214
Appointment to Private First Class, dated March 1, 1992
Certificate of completion, dated March 17, 1992
List of Enlisted Supply Basic courses
Certificate of completion, dated January 7, 1992
Certificate for a perfect score on the Physical Fitness Test, dated November 27, 1991
Applicant’s diploma, dated June 15, 1990
Academic record, dated May 10, 1995 (2 pages)
Applicant’s resumé

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: 910905               Date of Discharge: 950617

 Length of Service (years, months, days):

         Active: 00 06 13
         Inactive: 03 03 00

 Age at Entry: 18                          Years Contracted: 6

 Education Level: 12                        AFQT: 41

 Highest Rank: LCpl                         MOS: 3043

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.0 (8)              Conduct: 4.0 (8)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, CC, REB

 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 :

910103:  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.

910905:  Applicant reported for initial tour of active duty for training.

920317:  Applicant released from initial tour of active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.

940511:  Counseled for deficiencies in performance and conduct. [UA from appointed place of duty and poor attitude toward getting to drill on time.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940915:  Counseled for deficiencies in performance and conduct. [Unsatisfactory participation in SMCR.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Not available for signature due to unsatisfactory drill participation.

941019:  Counseled for deficiencies in performance and conduct. [Unsatisfactory participation in SMCR.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Not available for signature due to unsatisfactory drill participation.

941104:  Counseled for deficiencies in performance and conduct. [Unsatisfactory participation in SMCR.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Not available for signature.

941213:  Counseled for deficiencies in performance and conduct. [Unsatisfactory participation in SMCR.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Not available for signature.

950106:  Letter of intent dated 950104 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.

950125:  Counseled for deficiencies in performance and conduct. [Unsatisfactory participation in SMCR.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Not available for signature.

950202:  Applicant advised of 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.

950205:  Counseled for deficiencies in performance and conduct. [Unsatisfactory participation in SMCR.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Not available for signature.

950211:  Counseled for deficiencies in performance and conduct. [Below average proficiency and conduct marks.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Not available for signature.

950320:  Counseled for deficiencies in performance and conduct. [Unsatisfactory participation in SMCR.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Not available for signature.

950331:  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 excessive unauthorized absence from regularly scheduled drills as evidenced by absence on 940909-940911, 941015-941016, 941104-941105, and 941209-941211.

950526:  SJA review determined the case sufficient in law and fact.

950530:  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 19950617 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).

The Applicant introduced no decisional issues for consideration by the Board. 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 his reserve unit drills. While he may feel that his religious beliefs contributed to his actions, the record clearly reflects his disregard for the requirements of military discipline and demonstrated that he was unfit for further 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. An upgrade is inappropriate. Relief denied.

The Applicant’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, an inequity or impropriety must have existed during the period of enlistment in question. No such inequity or impropriety 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. The Applicant’s evidence of post-service conduct was found not to mitigate his misconduct sufficient to warrant an upgrade to his discharge. 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 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

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

 F. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .

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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