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USMC | DRB | 2005_Marine | MD0500951
Original file (MD0500951.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-LCPL, USMCR
Docket No. MD05-00951

Applicant’s Request
The application for discharge review was received on 20050504. The Applicant requests the Discharge 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, D.C. Metropolitan area. The Applicant did not designate a 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 20051006. 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 by reason of unsatisfactory participation in the Ready Reserve.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“I would like an upgrade because I am currently trying to re-enlist in the military. The Discharge I received was un fair, I couldn’t afford to attend due to finaical issues and I didn’t want to be homeless with good attendance.

Enclosed is a copy of my active duty discharge. The other than honorable discharge was received in the reserve’s component. I am currently employed as a police officer for Prince George’s County Police Department. Enclosed a copies of my recent accomplishment and a copy of my college enrollment letter.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (2)
Certificate of completion of Basic Training Class, Session 101, dtd November 18, 2004
Certificate of completion of Entrance Level curriculum, dtd May3, 2004 to November 18, 2004
Award of credit, dtd November 18, 2004
Letter to the Applicant from House of Representatives, dtd December 2, 2004
Letter to the Applicant from University of Phoenix, Assoc VP, Student Services and Admissions, dtd February 25, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: None
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19980709             Date of Discharge: 20020722

 Length of Service (years, months, days):

 Active: 00 06 03
          Inactive: 03 06 10

 Time Lost During This Period (days):
         Unauthorized absence: None
         Confinement:              None

 Age at Entry: 19

 Years Contracted: 8

 Education Level: 12                                 AFQT: 32

 Highest Rank: LCpl                                  MOS: 1171

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (4)                                Conduct: 4.3 (4)
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle Expert Badge


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 :

981026:  Applicant reported for initial tour of active duty for training.

990428:  Applicant released from initial tour of active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.

 000910:  Counseling: Advised of deficiencies in performance and conduct (drill attendance.) Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

001014:  Counseling: Advised of deficiencies in performance and conduct (drill attendance.) Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

001111:  Counseling: Advised of deficiencies in performance and conduct (unauthorized absence.) Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

UNDATED:         Counseling: Advised of deficiencies in performance and conduct (unauthorized absence.) Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

010204:  Counseling: Advised of deficiencies in performance and conduct (unauthorized absence.) Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
010304:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of unsatisfactory participation in the ready reserve. The factual basis for this recommendation was Applicant’s unexcused absences for 27 drill periods and subsequent failure to make up these drills. The Applicant is also notified of impact of an other than honorable conditions discharge.




[Note: Letter of intent to administratively separate under other than honorable conditions by reason of unsatisfactory participation in the ready reserve was sent via certified mail, return receipt requested. Applicant failed to acknowledge the contents. Failure to acknowledge official certified mail constitutes acknowledgement and waiver of all rights (MARCORSEPMAN par. 6303).]
010418:  Commanding Officer, Headquarters and Service Company, 4th Combat Engineer Battalion, 4th Marine Division, Baltimore, MD, recommended to Commander, Marine Forces Reserve (SJA), via the Inspector-Instructor, 4th Combat Engineer Battalion, the Applicant’s discharge under other than honorable conditions by reason of unsatisfactory participation in the ready reserve. Commanding Officer’s comments: “LCpl C_ (Applicant) has a total of 64 unexcused absences and has failed to make them up. This Command has attempted on numerous occasions to contact LCpl C_ (Applicant) to inquire on his failure to report and assist him in rehabilitation. LCpl C_ (Applicant) is of no further value to the U.S. Marine Corps Reserve and is deserving of this discharge.”

020722:  SJA review determined the case sufficient in law and fact.

020722:  GCMCA, Commanding General, 4th Marine Division, directed the Applicant's discharge under other than honorable conditions by reason of failure to participate (Reserve not on active duty (board waived)).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020722 by reason of unsatisfactory participation in the Ready Reserve (A, B, and C) with a service characterization of under other than honorable conditions. 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 (D and E).

The Applicant contends that his discharge was inequitable since his unsatisfactory participation was due to financial issues. The NDRB recognizes that serving in the 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 Marines serve honorably and therefore earn honorable discharges. In fairness to those Marines, commanders and separation authorities are tasked to ensure that undeserving Marines receive no higher characterization than is due. The Applicant’s record shows that he had a total of 64 unexcused absences with no plans to make them up, in spite of his command’s numerous attempts to assist. The Board concluded that the Applicant’s service is equitably characterized, and no relief is granted on this basis.

The Applicant desires an upgrade in order to reenlist in the military. While the Board recognizes the Applicant’s desire to reenter military service, the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into any of the Armed Forces. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Relief on this basis is denied.

The Board noted that the Applicant is currently employed as a Police Officer for the Prince George’s County Police Department; however, t he NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. Relief on this basis is denied.

Normally, to permit relief, a procedural impropriety or inequity must have existed during the discharge process for the period of enlistment in question, but the Board found no such impropriety or inequity. While 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 Marine Corps, the Board is authorized 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. The Applicant provided credentials for the police training and acceptance letter to the University of Phoenix. The Applicant is advised that his efforts need to be more encompassing to include proof of verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities. At this time, there is not sufficient documentation of post service character and conduct to mitigate the misconduct that resulted in his characterization of discharge. And so, no relief is granted on this basis.

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 additional documentation to support 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. Table 61 of the Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 01 Sep 2001, Guide for Characterization of Service.

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

E. 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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