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


FOR OFFICIAL USE ONLY


ex-PFC, USMCR
Docket No. MD05-01268

Applicant’s Request

The application for discharge review was received on 20050725. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable or “Hardship.” The Applicant requests a documentary record discharge review. The Applicant did not designate a representative on the DD Form 293. Subsequent to the application, the Applicant obtained representation from the Veterans of Foreign Wars.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060427. After a thorough review of the available 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 and reason for discharge shall not change. The discharge shall remain Under Other Than Honorable Conditions by reason of unsatisfactory participation in the Ready Reserve.

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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:

“ Attention: Naval Discharge Review Board :

I am writing to appeal my General Under Than Honorable from the United States Marine Corps Reserves, dated 19 Jan 1999. Enclosed you will find many different documents that have accumulated during the last 6 years. This letter is to help explain them as well as my circumstances as they stand today.

History of Appeal Thus Far and Explanation of Packets Enclosed :

In April 1998, while I was a Reservist and enrolled full-time at Eastern Michigan University in the Clinical Lab Sciences studies, my mother had a heart attack. At the time, she was an accountant in a tax firm and was the primary source of financial income for my family. My father had retired. Upon her discharge and rehabilitation at home, I quit school and assumed two full-time jobs to help make ends meet. ( Enclosed in Packet 3 is Consent for Release of Information. You may obtain in formation from Eastern Michigan University regarding my schooling as well as University of Michigan and Specialized Pharmaceutical Services, the two places I obtained employment at the end of April 1995.) I also informed my Commanding Officers of my situation and was told that I needed to provide paperwork. I provided the medical paperwork from my mother’s hospitalization and first visit to cardiac rehab (which neither I nor my mother possess anymore). I was not contacted again until I received a notice in the mail that I was being discharged under General Other Than Honorable Conditions (see Packet 1). I called my unit and was told that I need to appeal for a Hardship discharge.

In 2000, I did try to appeal, but was told that I needed to get a DD-214, showing that I was officially discharged; the paperwork in Packet 1 was not the “right” discharge papers with which to appeal. I tried through Lynn Rivers, the House of Representatives through my area. She did get a DD-214 sent to me (see Packet 2 ), but the Reentry Code has N/A next to it. I did not try to appeal for another year as I was in school full time for nursing at Eastern Michigan University.

After graduation from nursing school, I readdressed the discharge status. I went straight forth with the paperwork I received from L_ R_’s efforts, filled out a DD-293, and sent it in, I also enclosed the medical paperwork and a letter from my mother. It was sent back saying, once again, I needed a DD-214. I tried contacting the National Personnel Records Center in St. Louis, MO. They sent me back yet another copy of the same DD-214, with the Reentry Code of N/A. I then got a hold of J_ A_, VFW Representative for the Washington DC area and someone to represent me in this case. He also said, without an official DD-214 with a code other than N/A on it, he could not be of assistance. I was told by a close friend, who was also in the USMC reserves, to wait a few months, let my paperwork process through the IRR if indeed that was where my official discharge paperwork would be discharged from, and then again request a DD-214. I did, and there was no such luck. ( See Packet 4 with a copy of the postcard and the resulting letter from St. Louis with the same DD-214, Reentry Code N/A .)

In 2004, I decided to guide my career into the Army Nurse Corps Reserves. I relayed my situation to Medical Recruited SFC J_ P_ and handed him all of my paperwork. He tried for a couple of months. (See Packet 5 .) The response finally came the night I was supposed to go for my physical for the Army. The official discharge code was HSG1H. Translation: Failure to Participate.

Purpose of Letter to the NDRB :

I write to you to appeal this long-standing code of Failure to Participate. I have provided evidence as to why I missed service dates; I even provided this same information to my unit with no assistance. I was informed by SFC P_ that my circumstance more than justified the right to a Hardship discharge, and I request that this be addressed.

I also write to you with my intentions. I am approaching this with an open mind that this appeal can go one of three ways. First, I may not be granted a discharge other than the one I’ve already been given. I ask that you look at these circumstances and see the hardship that was brought upon my family, and the actions that I took that were justified to help my family in need. I acted on their behalf when they needed me.

Second, I can be made to finish out my reserve duty in the Marines for an established time period. I have no physical or medical disabilities, no children (and cannot have children without fertility treatments, as established by my fertility doctor), and have shown responsibility in establishing my civilian career. I understand responsibility and will own up to those that you may deem unfulfilled yet by my prior enlistment agreement. I am aware that the Marines, as with every branch in the service, need more soldiers. If I am ordered to return to the Reserve duty in the Marines, I will assume my discharge rank and take on the tasks at hand honorably and dutifully. Just as I had taken the duty to act on behalf of my parents in their need, I will assume duty for the Marines in their time of need as well, With my civilian career as an ICU nurse, I can be that much more of an asset in any field of operation.

Third, this discharge can be overturned to allow me to proceed with pursuing a career in the Army Nurse Corps Reserves. My husband is in the Army National Guard with the 119th Field Artillery out of Port Huron, MI. In a way already, I live with the military. He has a duty that he fulfills, and, with my career as an ICU nurse, I feel that I can do the same. I am already secretary for the Women Marines Association in the Detroit/Metro City Area, but volunteering for me doesn’t fill the desire.

I thank you for your time, patience, and understanding with this matter.

Sincerely,
[signed]
A_ K_(Applicant)
(Social Security Number deleted) ”

Additional issues submitted by Applicant’s representative (Veterans of Foreign Wars):

“Propriety or Equity Issue(s): Family condition adversely affected performance of duty.

Statement: In accordance with 32 CFR § 724, and SECNAVINST 5420.1 74D, the Veterans of Foreign Wars submits to the Naval Discharge Review Board (NDRB) the above issue and following statement in supplement to the Applicants petition.

The Applicant is asking that the Board upgrade her discharge to Honorable. Her mother was suffering from a prolonged illness at the time of her Unauthorized Absence and this family crisis adversely affected her performance of duty.

The Veterans of Foreign Wars’ express purpose in providing this statement and any other submittals or evidence filed is to assist this Applicant in the clarification and resolution of the impropriety or inequity raised. To that end, we rest assured that the NDRB’s final decision will reflect sound equitable principles consistent in law, regulation, policy and discretion as promulgated by title 10 USC § 1553, and set forth in 32 CFR § 724 and SECNAVINST 5420.174D.

This case is now respectfully submitted for deliberation and disposition. ”

Documentation

In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:

Applicant’s DD Form 214 for discharge on December 16, 1995 (Release from initial active duty) (6)
Applicant’s DD Form 149, 2 pages
Letter to T_ G. M_, House of Representatives from J. R. J_, Major, U.S. Marine Corps, Office of Legislative Affairs, dtd December 10, 2004 (2)
Letter to Mr. C_, House of Representatives from the Applicant, dtd October 11, 2004, 2 pages
Applicant’s list of enclosures
Seven pages from Applicant’s service record
Letter to Applicant from L_ N. R_, House of Representatives, dtd March 23, 2000
Letter from M_ A. K_, dtd June 24, 2002
Applicant mother’s discharge instructions, dtd April 14, 1998
Letter from Applicant, dtd May 12, 2002
Consent, Authorization, Release and Hold Harmless form, dtd May 12, 2002
Letter from National Personnel Records Center, dtd July 12, 2002
Copy of a postcard from MMSB-12 to Applicant, postmarked December 15, 2003
Letter from National Personnel Records Center, dtd January 5, 2004
Letter from National Personnel Records Center, dtd February 27, 2004
Standard Form 180, dtd February 12, 2004 (2)
Facsimile Transmittal Header Sheet, dtd February 12, 2004, 2 pages
Letter from Department of the Army, dtd February 12, 2004
Three pages of notebook paper with notes
Letter to Applicant from T_ G. M_, House of Representatives, dtd December 22, 2004
Letter from Applicant, dtd August 12, 2005

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PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

         Inactive: USAR (DEP)     19950205 - 19950508      ELS
         Active: None

Period of Service Under Review :

Date of Enlistment: 19950623             Date of Discharge: 19990115

Length of Service (years, months, days):

Active: 00 04 08
         Inactive: 03 02 14

Time Lost During This Period (days):

         Unauthorized absence: None
         Confinement:              None

Age at Entry: 21

Years Contracted: 6

Education Level: 15                                 AFQT: 78

Highest Rank: PFC                                   MOS: 0431

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency: 4.3 (3)                                Conduct: 4.2 (3)

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

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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 :

950622:  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.

950809:  Applicant reported for initial tour of active duty for training.

951216:  Applicant released from initial tour of active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.

981006:  Letter of intent 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 notified of intended recommendation for discharge under other than honorable conditions by reason of unsatisfactory participation in the Selected Marine Corps Reserve. The factual basis for this recommendation was excessive unauthorized absence from regularly scheduled drills. Applicant informed the least favorable character of service possible is under other than honorable conditions. [Document unreadable in Applicant’s service record book; information partially extracted from documents provided by Applicant.]

981224:  SJA review conducted. [Date extracted from Commanding Officer’s letter dtd January 15, 1999.]

990115:  Commanding Officer, Marine Wing Support Group 47 notified Applicant of discharge from the Selected Marine Corps Reserve (SMCR) with a characterization of service of under other than honorable conditions. [Document unreadable in Applicant’s service record book; information extracted from documents provided by Applicant.]

Service Record Book contains a partial Administrative Discharge package.

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PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19990115 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 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 her unsatisfactory participation in the Ready Reserve. The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her willful failure to meet the requirements of her contract with the Marine Corps and falls far short of that required for an upgrade of her characterization of service. Relief is not warranted.

The Applicant contends, through her representative, that her family condition adversely affected her performance of duty. While the Applicant may feel that her family situation was the underlying cause of her unsatisfactory participation, the record does not show that the Applicant was either not responsible for her conduct or that she should not be held accountable for her actions. Relief denied.

The Applicant implies that her discharge is improper because she should have been separated by reason of hardship. The Applicant further states that her circumstances “more than justified the right to a Hardship discharge.” Reference (A) indicates that a Marine may request discharge by reason of dependency or hardship if the hardship is not temporary, the Marine has made every effort to remedy the situation, separation will eliminate or materially alleviate the condition and that there is no other means of alleviation reasonably available. Reference (A) also indicates that if the member’s request is based on the financial difficulties of a Marine’s family member, the Marine must provide statements of both income and expenses and assets and liabilities of those family members. The Applicant did not provide sufficient information to the Board to demonstrate that she properly requested discharge on the basis of hardship or that she met the criteria for discharge by reason of hardship. However, even if the Applicant could show that she met the criteria for discharge by reason of hardship, it would neither amount to a justification nor to a defense for the Applicant’s own failure to participate. Therefore, a fter reviewing the Applicant’s issues, supporting documents and the evidence of record, the Board did not determine that the Applicant was inequitably or improperly discharged for her unsatisfactory participation. Relief denied.

Regarding the Applicant’s interest in reinstatement or commission, the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces. Additionally, to change the Applicant’s character of service or narrative reason for separation based on her stated intention to reenlist or apply for commission would be inappropriate. 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 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 relevant 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. 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 .

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 .

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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