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USMC | DRB | 2005_Marine | MD0501191
Original file (MD0501191.rtf) Auto-classification: Denied


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

ex-PFC, USMCR
Docket No. MD05-01191

Applicant’s Request
The application for discharge review was received on 20050705. 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 20060119. 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 and/or from an attached document/letter to the Board:

 “Dear Board Members:

It has been nearly ten years since this discharge occurred and I truly regret this incident. The memory weighs heavily on my mind daily. Until that point, I had an unblemished record in almost twenty-four months of my reserve duty performance. As the proverb states, “with age comes wisdom.” At 33 years of age, I am a good, law-abiding citizen who strongly believes in America and what it means to be part of this great nation. I support our troops by sending letters and video messages, care packages, and donating phone cards so they may call their love ones and families. I know how it is to be away from family during these critical times since my father was killed in action serving his country in Beirut, Lebanon, October 23,1983. I am requesting my discharge to be changed. I’m very sorry for my actions and would like forgiveness and closure in this matter.

With utmost respect and honor,
[signed]
M_ M_
(social security number deleted) ”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
List of character references
Letter from President of University of South Florida, dtd Fall Term, 1996
Copy of bachelor of arts certificate, dtd December 17, 1996

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: 19940714             Date of Discharge: 19960709

 Length of Service (years, months, days):

 Active: 00 05 11
          Inactive: 01 06 15

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

 Age at Entry: 22

 Years Contracted: 8

 Education Level: 15                                 AFQT: 46

 Highest Rank: LCpl                                  MOS: 3051

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.6 (3)                                Conduct: 4.6 (3)

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): National Defense Service Medal, Rifle Marksman 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 :

940811:  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.
940908:   Applicant reported for initial tour of active duty for training.

950218:  Applicant released from initial tour of active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.

 960204:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of unsatisfactory participation. Applicant informed the least favorable characterization of service as under other than honorable conditions. The factual basis for this recommendation was absence from scheduled drills on the following days: 19, 20, 21 Jan 96, 2, 3, 4 Feb 96. A total of 10 unexcused absences have been accumulated.

960301:  Applicant notified of administrative reduction due to unsatisfactory performance of reserve training. Effective date of reduction is 940908.

960325:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

960328:  Commanding Officer/Inspector-Instructor, Headquarters Company, 4 th Assault Amphibian Battalion, recommended Applicant’s discharge under other than honorable conditions by reason of unsatisfactory participation. Commanding Officer’s comments: “Between 19 January 1996 and 3 March 1996, SNM accumulated a total of 14 unexcused absences.”

960619:  SJA review determined the case sufficient in law and fact.

960619:  GCMCA, Commander, Marine Forces Reserve, 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 19960709 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).

When a Marine’s service 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’s service was marred by his unsatisfactory participation in the USMCR. The Applicant failed to attend 14 drills. 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.

The Applicant implies that his youth resulted in his failure to adhere to the terms of his contract. While he may feel that immaturity was 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 denied.

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 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. While the Board notes the Applicant’s post-service education, the Applicant’s efforts need to be more encompassing. Examples of documentation that should be provided to the Board include verifiable employment records, documentation of community service and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided sufficient post-service 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 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 18 Aug 1995 until 31 Aug 2001.

B. Marine Corps Reserve Administrative Management Manual, MCO P1001R.1, Chapter 3, Reserve Participation and Administrative Procedures, paragraph 300.

C. Table 6-1 of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95, 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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