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USMC | DRB | 2005_Marine | MD0501388
Original file (MD0501388.rtf) Auto-classification: Denied


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

ex-Pvt, USMCR
Docket No. MD05-01388

Applicant’s Request
The application for discharge review was received on 20050809. 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 20060522. 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:

“An upgrade to my discharge is requested because my contract with the Marine Corp (sic) was not ful-filled.”

 Applicant’s Remarks: (Taken from the DD Form 293.)

“I made a wrong choice to not participate in the Marine Corp (sic) Reserves. I had a huge problem and asked for help, but was never given the advice that was needed. I made an oath and ask for a chance to fulfill my contract, and to change my reenlistment code from a 4 to a 1 or 2.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Character Reference ltr from J_ A. S_, RN, BSN, MA, Psychology Instructor,       Kalamazoo Valley Community College, dtd April 7, 2005
Character/Employment Reference ltr from T_ J_, American Twisting Company, Plant          Supervisor, dtd March 31, 2005
Character Reference ltr from L_ L. L_, BA, MA, Part Time Instructor, Communication       Arts Department, Kalamazoo Valley Community College, dtd March 29, 2005
Character/Employment Reference ltr from D_ S_, American Twisting Company,        Operations Manager, dtd March 30, 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: 19980603             Date of Discharge: 20010306

 Length of Service (years, months, days):

 Active: 00 04 16
          Inactive: 02 04 14

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

 Age at Entry: 18

 Years Contracted: 8

 Education Level: 12                                 AFQT: 39

 Highest Rank: LCpl                                  MOS: 0311

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.9 (6)                                Conduct: 3.9 (6)

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

970619:  Pre-service waiver granted.

980603:  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.
980608:  Applicant reported for initial tour of active duty for training.

981023:  Applicant released from initial tour of active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.

 990207:  Acknowledged understanding of eligibility but not recommended for promotion to PFC for the month of March because of unsatisfactory participation. Applicant chose not to make a statement.

990307:  Acknowledged understanding of eligibility but not recommended for promotion to PFC for the month of April because of unsatisfactory participation. Applicant chose not to make a statement.

000409:  Commanding officer notified the Applicant of unsatisfactory drill participation via certified letter. Applicant further notified that his continued non-participation or failure to take corrective action concerning the unexcused drill period that you have accumulated will subject to the following possible consequences:
 Discharge from the Marine Corps Reserve with a possible characterization of under conditions other than honorable.
Administrative Reduction to next lower grade per the references.
000531:  Commanding officer notified the Applicant of unsatisfactory drill participation via certified letter.




000604:  Commanding officer notified the Applicant of unsatisfactory drill participation via certified letter. Applicant further notified that his continued non-participation or failure to take corrective action concerning the unexcused drill period that you have accumulated will subject to the following possible consequences:
 Discharge from the Marine Corps Reserve with a possible characterization of under conditions other than honorable.
Administrative Reduction to next lower grade per the references.
000709:  Commanding officer notified the Applicant of unsatisfactory drill participation via certified letter. Applicant further notified that his continued non-participation or failure to take corrective action concerning the unexcused drill period that you have accumulated will subject to the following possible consequences:
 Discharge from the Marine Corps Reserve under conditions other than honorable.
Administrative Reduction to next lower grade per the references.
000714:  Commanding officer notified the Applicant of administrative reduction to Private First Class for unsatisfactory participation in the selected Marine Corps Reserve.
000806:  Commanding officer notified the Applicant of unsatisfactory drill participation via certified letter. Applicant further notified that his continued non-participation or failure to take corrective action concerning the unexcused drill period that you have accumulated will subject to the following possible consequences:
 Discharge from the Marine Corps Reserve under conditions other than honorable.
Administrative Reduction to next lower grade per the references.
000811:  Commanding officer notified the Applicant of administrative reduction to Private due to unsatisfactory participation in the selected Marine Corps Reserve.
000905:  Applicant notified of intended recommendation for discharge by reason of unsatisfactory participation in reserve training due to excessive unexcused absences with a characterization of under other than honorable conditions. The factual basis for this recommendation was between the period of 9 April 2000 to Present the Applicant was absent without authority from twenty-six (26) drills that this company has performed. To date, Applicant has made no effort to resolve any of these drills; despite efforts by members of this command to assist Applicant to resolve all absences.

000905:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to submit a statement.

000909:  Applicant’s official statement.

000909:  Counseling: Advised of deficiencies in performance and conduct (Failure to attend scheduled IDT.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000910:  Commanding officer notified the Applicant of unsatisfactory drill participation via certified letter. Applicant further notified that his continued non-participation or failure to take corrective action concerning the unexcused drill period that you have accumulated will subject to the following possible consequences:
 Discharge from the Marine Corps Reserve with a possible characterization of under conditions other than honorable.
Administrative Reduction to next lower grade per the references.
001013:  Commanding Officer/Inspector-Instructor, Company “A”, 1 st Battalion, 24 th Marines, recommended to Commander, Marine Forces Reserve (SJA) via: Commanding Officer, 1 st Battalion, 24 th Marines, Commanding Officer, 24 th Marines, 4 th Marine Division, Commanding General, 4 th Marine Division Applicant’s discharge under other than honorable conditions by reason of unsatisfactory participation in the selected reserve due to excessive unexcused absences totaling 31, per paragraph 6213 of reference (a). Enclosure (1) through (8) are attached per reference (a) and are considered relevant to this case.

001024:  Commanding Officer/Inspector-Instructor, 1 st Battalion, 24 th Marines, recommended to Commander, Marine Forces Reserve (SJA) Applicant’s discharge under other than honorable conditions by reason of unsatisfactory participation. Commanding Officer’s comments: “Private K_(Applicant) has accumulated 31 unexcused absences from inactive duty training. Private K_(Applicant) has failed to provide his company with any documentation, statement, or response of any kind, detailing problems that may have contributed to his unsatisfactory participation.”

UNDATED:         Commanding Officer, 24 th Marines recommended Applicant’s discharge under other than honorable conditions by reason of unsatisfactory participation.

010226:  SJA review determined the case sufficient in law and fact.

010226:  GCMCA, Commander, Marine Forces Reserve directed the Applicant's discharge with under other than honorable conditions by reason of failure to participate (Reserve not on active duty)(board waived).

010306:  Inspector-Instructor, Company A, 1 st Battalion, 24 th Marines, notified Commander, Marine Forces Reserve (SJA) Applicant discharged under other than honorable conditions due to 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 20010306 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 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. During the period of 20000407 to 20000910, the Applicant accumulated 31 unexcused absences from inactive duty training and was administratively reduced in rank twice. According to the Marine Corps Reserve Administration Management Manual (MCRAMM), a member of the USMCR with a mandatory participation requirement is considered an unsatisfactory participant when the Reservist acquires at least nine unexcused absences. The Applicant states that he “asked for help, but was never given the advice that was needed.” The Applicant’s Commanding Officer notified him six times, by certified mail, of the necessary corrective actions, sources of assistance, and issued a disciplinary and administrative discharge warning. In addition, the Applicant received a retention warning and was not recommended for promotion on two 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 NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, 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 the civilian life subsequent to leaving the service. Normally, to permit relief, a procedural impropriety or inequity must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, 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, is considered. The Applicant provided four letters of character reference, which verified his employment and continuing education. While the Board applauds the Applicant’s accomplishments, his efforts need to be more encompassing than those provided. For example, the Applicant could have produced evidence of documentation of community service and certification of non-involvement with civil authorities. At this time, the Applicant has not provided sufficient documentation of post service character and conduct to mitigate the misconduct that resulted in the characterization of discharge. Therefore, no relief will be granted


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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