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USMC | DRB | 2005_Marine | MD0501094
Original file (MD0501094.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. MD05-01094

Applicant’s Request
The application for discharge review was received on 20050614. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge review. The Applicant did not designate a representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20060517. 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 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:

“Inequitable discharge based on the unfair decision to place me on “TNPQ” status and subsequently order me to visit corpsman before returning to reserve unit. The process was not explained, and I believe that the characterization of my discharge as anything other than “honorable” is unjust. I would have died for my country !”

 Additional remarks written in block 8. of the DD Form 293:

“ The V. A. told me it had been upgraded to honorable...is this correct?”



Documentation
Only the service record book and medical record were reviewed. The Applicant did not provide additional documentation for the Board’s consideration.

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: 19990802             Date of Discharge: 20030912

 Length of Service (years, months, days):

 Active: 00 06 10
          Inactive: 03 06 10

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

 Age at Entry: 21

 Years Contracted: 8

 Education Level: 12                                 AFQT: 87

 Highest Rank: LCpl                                  MOS: 0844

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NA*                                    Conduct: NA*

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle Sharpshooter Marksmanship Badge

*Not Available


 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 :

990226:  Pre-service waiver granted.

990814:  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.
990816:  Applicant reported for initial tour of active duty for training.

000225:  Applicant released from initial tour of active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.

 010119:  Inspector-Instructor, 1 st Battalion 14 th Marines, notified Applicant of rule changes to the Temporarily Not Physically Qualified Status. Inspector-Instructor comments:
“ 1. The rules for TNPQ have changed. You are now required to drill while on TNPQ. Due to this change you are to report for the February Drill weekend.
2. You must report to medical following the first formation and see HMC C_ or one of his medical personnel. We will evaluate you for drill. If in our determination you are physically able to drill you will be required to do so. Please arrive in the proper uniform of the day.
3.       If we determine that you are not able to drill, we will send you home
 for a TNPQ/No drill. You must return the following month to be re-evaluated unless otherwise noted by HMC C_ .
4.       If you do not show up for drill in February, you will be dropped from
 the TNPQ list and subject to the UCMJ for administrative separation procedures. You will no longer have a medical case.”
010211:  Applicant unauthorized absence from regularly scheduled drills 9-11 Feb 01 (5 drills).

020724:  Acknowledged understanding of eligibility but not recommended for promotion to Cpl for the month of July promotion period because of unsat participation. Applicant unavailable for signature.

020809:  Acknowledged understanding of eligibility but not recommended for promotion to Cpl due to unsat participation/pending administrative separation. Applicant unavailable for signature.

030309:  Acknowledged understanding of eligibility but not recommended for promotion to Cpl for the month of Apr03 because of unsat participation/dependability. Applicant unavailable for signature.
030907:  GCMCA, Commanding General, Headquarters, Fourth Marine Division, New Orleans, LA directed the Applicant's discharge under other than honorable conditions by reason of unsat participation in ready reserve.

 Service Record Book contains a partial Administrative Discharge package.
Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030912 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 available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (D and E). The Board presumed regularity in the conduct of governmental affairs (F).

 When the service of a member of the U.S. Marine Corps Reserve 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. In accordance with MCO P1001R.1J, the Marine Corps Reserve Administration Management Manual (MCRAMM), the Applicant was notified that he was to report to a drill weekend while in a Temporarily Not Physically Qualified (TNPQ) status. The Applicant failed to report for the drill weekend, thereby not allowing for the required medical evaluation to determine if he was able to drill. The notification to the Applicant included a warning that failure to report for drill would result in him being dropped from TNPQ status and subject him to the UCMJ for administrative separation procedures. In addition, the Applicant was not recommended for promotion on 3 occasions. 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 U.S. Marine Corps Reserve and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

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 additional evidence related to this 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 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 .

F. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs .

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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