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USMC | DRB | 2005_Marine | MD0501572
Original file (MD0501572.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. MD05-01572

Applicant’s Request
The application for discharge review was received on 20050920. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). 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 20060608. 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 Members of the Naval Discharge Review Board,

Ladies and Gentlemen my name is D_ W. S_(Applicant) III. I am appealing to this board in hope that my discharge from the Marine Corps can be changed to more favorable conditions so that I might be able to rejoin the Marines and finish what I set out to do when I joined.

Let me first tell you a little about myself and my family and the situation that kept me from my Reserve commitment. I am from Merrimac Ma, a small town north of Boston. I am the only son and I have 2 sisters we are very close. Growing up I was active in the community playing sports and was a member of the towns Boy Scout Troop. I achieved the Rank of Eagle Scout. After graduating high school with honors I went on to attend the Culinary Institute of America in Hyde Park, NY. The Culinary Institute is the premiere Culinary School in the world and is very demanding academically. I graduated with an Associates Degree from the C.I.A. in June of 1996. I worked in several world-renowned restaurants in New York City and in Boston. I quickly worked my way through the kitchen ranks and became a Sous Chef at a very prestigious hotel in Boston. As the Sous Chef I was second in command of the kitchen. It was a position I got because of my ability, leadership and my sense of responsibility. I always had a yearning to become a US Marine so I decided to put my culinary career on hold.

In March of 2000 I went to a Marine Recruiter and it wasn’t long before I was on a plane heading for Parris Island to start my recruit training. My training started March 21 st 2000. After 13 weeks of training I graduated and I was greeted by family who came down for the occasion. While I was home on Boot leave I was informed by my father that he was diagnosed with Cancer of the Esophagus. It was already pretty advanced and he was going to have to go through chemotherapy and radiation during the summer and then in the fall he was to have major surgery. He felt it was best that he told me when I got home rather than telling me when he found out while I was at boot camp. When I found out what was going on I was devastated but my dad encouraged me to finish my training and then come home to be with him.

I left for Infantry School in July of 2000 and was there until the end of August when I graduated. I informed my Chain of Command about the situation at home and they were very supportive. While I was training my father got very sick from the Chemo and Radiation he was receiving. It was difficult for me to talk to him because he was very sick and depressed and I felt helpless. I vowed that I would be unwavering in my support when I got home. I was able to graduate earlier than the rest of my class and I returned home where I belonged. When I got back to Massachusetts I checked in with my unit in Connecticut and requested a transfer to 1/25 th Weapons Company at Ft. Devens in Ayer, Ma. I also checked in with them and informed them of my situation at home. I returned to my full time job in Boston as well.

My father had his surgery not long after I got back. The Surgery was very complicated but it went well without any problems and the Doctors were hopeful that they got all the Cancer Cells. I stopped attending drills at this point because I was afraid that I was going to lose my father and I wanted to capture all the time I could with him. It was hard to manage time because of my hectic work schedule. I was only able to see him on the weekends, as these were my days off. On the weekends I had to take care of the maintenance around the house as well as other responsibilities that would have been neglected. I knew I was wrong by not going to drill but my command offered me no other alternative although there were avenues they could have taken to help me. I was in a real hardship and they showed no flexibility. Over the course of the next few years my father got progressively worse. His condition would improve only to get worse. This was an emotional roller coaster and I was in no shape mentally to perform any duties as a Marine. My performance at work even started to slip. My command warned me of the consequences of not attending but I was numb to there threats. My Company Gunnery Sgt would call me when I missed drills and yell at me. He told me that I was a loser and worthless and he didn’t care I was taking care of my sick father. This made me not want to go to drill even more, not only did I have to deal with my dad’s deteriorating health but a Gunnery Sgt that had no compassion and was very rude in how he handled me.

In February of 2002 I left my job to be with my father. I was with him everyday in the hospital until his death on March 21 st 2002 . The same day I joined the Marines. When he passed away my whole world went with him. I was in another place and overcome by grief. I ended up losing my job because I was out so long. I slipped into a deep depression. I went through the whole summer unemployed and didn’t care about anything.

After Countless warnings and no alternatives I was discharged Other Than Honorably from the Marine Corps in 2003 . Since my discharge I have gotten my life back on track and things are good for me professionally. I am a Cheese/Produce broker for a large company in Boston. Among other duties I am also the operations manager for my company. I supervise many employees and have a great deal of responsibilities. I have to make sure the work gets done each day for deliveries the following day. I also make sure we have the entire inventory we need to accomplish this task. I have the respect of my workers and the owners. The only thing that I regret in my life at this point is my O.T.H discharge. I am reminded of it everyday and I will do anything I can to fix it. I have never quit at anything in life and I have always achieved my goals. I know my dad would be very disappointed in me and that bothers me everyday. The only reason I stopped attending drill was due to my father’s health. I have supporting documentation from his doctors and they encouraged me to be with him as often as possible. I don’t think there is anything other than honorable about that. If I were given some flexibility things would have been different. As you can see I have been a responsible person my whole life. I have never been in trouble with the law and I was raised to live up to my commitments.

In closing I ask that you give me a second chance to be an asset to my country. My old reserve unit is scheduled for deployment to Iraq in 2006 and I hope that you make a decision that will allow me to accompany them as a proud Marine once again. I promise I will not disappoint anyone and I will finish my Marine Corps contract to the fullest. I will do any task asked of me by the Marine Corps and anything it takes to prove I am serious.

I thank you for your time and consideration and I hope and pray there is a positive outcome to this issue. Enclosed are copies of letters I received from the senators that I appealed too as well as one of the Doctors notes that I presented to my chain of command. If there is any other documents you need please let me know and I will gladly send them.

Very Truly,
[signed]
D_ W. S_(Applicant) III”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from P_ J. S_, MD from Commonwealth Hematology Oncology, dtd March 12, 2002
Letter to the Applicant from D_ A. B_, Director, White House Liaison Office, dtd July 15, 2005
Letter from E_ M. K_, United States Senator, dtd April 25, 2005
Letter from J_ F. K_, United States Senator, dtd April 12, 2005
Letter from M_ a. M_, Acting Director of Presidential Correspondence, dtd May 31, 2005
Degree of Associate in Occupational Studies, Culinary Arts, dtd May 31, 1996
Applicant’s DD Form 214

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: 20000303             Date of Discharge: 20030316

 Length of Service (years, months, days):

 Active: 00 05 14
          Inactive: 02 06 30

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

 Age at Entry: 23

 Years Contracted: 8

 Education Level: 14                                 AFQT: 37

 Highest Rank: PFC                                   MOS: 0331

 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): Marksman Rifle 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 :

000311:  Applicant reported for initial tour of active duty for training.

 000315:  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.
000824:  Applicant released from initial tour of active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.

 001201:  Acknowledged understanding of eligibility but not recommended for promotion to LCpl for the month of December, 2000 promotion period because of unexcused absences. Applicant not available for signature.

010101:  Acknowledged understanding of eligibility but not recommended for promotion to LCpl for the month of January, 2001 promotion period because of unexcused absences. Applicant not available for signature.

010201:  Acknowledged understanding of eligibility but not recommended for promotion to LCpl for the month of February, 2001 promotion period because of unexcused absences. Applicant not available for signature.

010301:  Acknowledged understanding of eligibility but not recommended for promotion to LCpl for the month of March, 2001 promotion period because of unexcused absences. Applicant not available for signature.

010301:  Acknowledged understanding of eligibility but not recommended for promotion to LCpl for the month of March 2001 promotion because of unexcused absences. Applicant not available for signature.

010401:  Acknowledged understanding of eligibility but not recommended for promotion to LCpl for the month of April, 2001 promotion period because of unexcused absences. Applicant not available for signature.

010501:  Acknowledged understanding of eligibility but not recommended for promotion to LCpl for the month of May, 2001 promotion period because of unexcused absences. Applicant not available for signature.

010601:  Acknowledged understanding of eligibility but not recommended for promotion to LCpl for the month of June, 2001 promotion period because of unexcused absences. Applicant not available for signature.

010701:  Acknowledged understanding of eligibility but not recommended for promotion to LCpl for the month of July, 2001 promotion period because of unexcused absences. Applicant not available for signature.

010801:  Acknowledged understanding of eligibility but not recommended for promotion to LCpl for the month of August, 2001 promotion period because of unexcused absences. Applicant not available for signature.

010901:  Acknowledged understanding of eligibility but not recommended for promotion to LCpl for the month of September, 2001 promotion period because of unexcused absences. Applicant not available for signature.

020301:  Acknowledged understanding of eligibility but not recommended for promotion to LCpl for the month of March, 2002 promotion period because of unexcused absences. Applicant not available for signature.

020703:  Commanding officer notified the Applicant of unsatisfactory drill participation via certified letter.
020703:  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 unauthorized absence from 28 regularly scheduled drills.

UNDATED:         Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.

020724:  Commanding Officer, Headquarters and Service Company, First Battalion, Twenty-Fifth Marine Regiment, Fourth Marine Division Fort Devens, MA recommended Applicant’s discharge under other than honorable conditions by reason of unsatisfactory participation in the Ready Reserve. Commanding Officer’s comments: “Enclosure (5) includes pages from the service record book and documentation supporting the basis for separation. Private S_(Applicant) entered military service on 21 March 2000. He joined this command on 25 August 2000. On 25 February 2002, Private S_(Applicant) failed to attend a regularly scheduled drill. Pvt S_ has missed a total of 28 regularly scheduled drills and has been in an unsatisfactory status since that date. Based upon the number of missed drills and definitive statements made by Pvt S_(Applicant), I believe he has no rehabilitative nor mobilization potential and recommend administrative separation under other than honorable conditions.”

030316:  GCMCA, Commanding General, Headquarters, Fourth Marine Division, New Orleans, LA directed the Applicant's discharge under other than honorable conditions by reason of unsatisfactory participation in Ready Reserve.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030316 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 “he only stopped attending drill due to my father’s health.” He states that if his unit would have “given some flexibility things would have been different.” The Marine Corps Reserve Administrative Management Manual requires reserve component Marines attend all 48 yearly scheduled drills and attend a 14-day annual training period. Commanders are allowed to grant exceptions for individual drill participation but must ensure that individuals have no more than 9 unexcused drill periods and complete an annual training period. The Applicant accumulated 28 unexcused drill periods before he was recommended for discharge. The NDRB recognizes that serving in the U.S. 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 members of the Marine Corps serve honorably and therefore earn their honorable discharges. In fairness to those members of the Marine Corps, commanders and separation authorities are tasked to ensure that undeserving Marines receive no higher characterization than is due. The NDRB found that the Applicant's service was equitably characterized. Relief denied.

The Applicant requests a change to the characterization of his service so he can reenlist. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces. The Board has no authority to upgrade a discharge for the sole purpose of enlistment or reenlistment. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. Additionally, the NDRB is not authorized to change a reenlistment code. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. 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 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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