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USMC | DRB | 2006_Marine | MD0600064

Original file (MD0600064.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. MD06-00064

Applicant’s Request

The application for discharge review was received on 20051004. 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 20060824 . 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 attached document/letter to the Board:

“Dear Sir or Madam,

My name is (Applicant) . I was born in Bulgaria and moved with my family to the United States in May 2001. My parents who had reputable careers back home went through a hard transition. They didn’t even speak English but decided to leave all behind so that my sister and I could receive a better education and life. Today my mother who used to be a very successful lawyer back in Bulgaria is a house-keeper working only on weekends and my father, a mechanical engineer, works as a truck driver.

When we first arrived in the US, my family and I didn’t know much. We were in debt and quickly had to find jobs. My parents and I found jobs as janitors at night working from 7pm to 3am. I worked with them for two months and quickly realized that if we were to achieve something, this was definitely not the way to go. That was when I decided to join the US Marines. I knew it would be tough but that didn’t matter. I wanted the respect that my family and I had back home and in the US the armed forces are generally looked up to.

I went through basic training and MOS school as a Heavy Equipment Mechanic and excelled in every aspect of my training. It was still hard for me to communicate well but I was getting better. Upon completion of my training in the USMC Reserve, I went back home to Bellevue, WA and started working full time. I really wanted to further my education but an year had to pass before I was able to afford going to school at the nearby college. I started my studies in Business Administration at Bellevue Community College as soon as possible and quickly adapted to the new environment. I excelled in my studies, earning multiple awards, scholarships and the respect of staff, faculty and students at large. In the end of the first year of my course I was elected to be the Student Government President for 2003-2004. The great responsibility of representing a student population of 22,000, which my team of nine other officers and I undertook, helped me to advance my leadership and organizational skills and apply constructive criticism to all I did. I was also elected to be the President of the Phi Theta Kappa International Honor Society of Two-Year Colleges chapter on campus and Vice President of the Rotaract Club. Both of these organizations had promotion of goodwill, literacy, academic excellence and leadership as their core goals and through my work I managed to bring around positive difference in the lives of people I never met and also to experience what fancy words like “civic responsibility” really mean.

One of the biggest challenges I was able to conquer was the raising of enthusiasm of volunteers and participants while organizing Relay for Life in Bellevue, WA, which is the signature event of the American Cancer Society. As a Co-Chair of the event, I spent four months with a team of seven other students raising awareness on cancer, encouraging participation in our event and approaching sponsors for potential donations. I was able to keep up the team spirits even when our results were discouraging at the very beginning. Once we overcame that stage I was able to develop effective strategies for achieving our goals and manage their implementation. As a result, we were able to raise over $500,000 for cancer research, advocacy and education, coordinating more than 7000 participants.

Over the course of my studies at my Community College I was recognized for many accomplishments in different areas on local, national and international level, which are outlined in my attached resume and also covered in various articles in newspapers and on the internet, some of which I have also attached for your reference.

Meanwhile, I was regularly attending my monthly drills and taking additional distance courses. I showed great performance on all the drills and was soon promoted Lance Corporal. In addition, I went to my two weeks of summer training at Camp Pendleton, where again I was cited as an outstanding performer. Soon after that came the news that most of our company would be sent overseas to be deployed to Iraq. I found out that I was on the list and decided to go and talk to my Commanding Officer. I explained to him that going to Iraq was not an option for me considering my family situation and my opinion on this war. Firstly, my parents didn’t speak English and if I left they would have a very hard time maintaining their jobs and staying in the US. They both made very little money and on top of that, on a daily basis I had to call their supervisors in order to clarify some outstanding issue at hand and translate for them. I knew that they wouldn’t be able to cope with the daily difficulties if I wasn’t around to help them and that sooner or later they will go back to Bulgaria in order to make ends meet. On the other hand, I didn’t believe this war to be just and I wasn’t willing to fight. My Commanding Officer was very understanding and he was able to take me off the list based on what I told him. It was then when I decided to stop participating in the monthly drills. I turned in my gear and took good-buy with my friends in the company. I was later on discharged under “Other than Honorable Conditions” on February 22, 2005.

I completed my course at Bellevue Community College in June 2004, earning an Associate Transfer Degree. I was accepted at Stanford University where I started my studies in late September 2004, majoring in Economics. I always wanted to transfer to Stanford University upon my graduation from Bellevue CC. My exceptional academic achievements, the magnitude of my civic engagement, my appreciation for arts and my financial need qualified me to apply for a highly selective award from the Jack Kent Cooke Foundation, which is the most genero us award, currently offered to un dergraduate students in the United States. I was nominated by the President of Bellevue CC and was selected as one of the 27 recipients worldwide out of more than 800 applicants. This prestigious award combined with the fact that I was accepted at Stanford University made me one of the very few students worldwide to make such a giant step forward in their educational advancement. From that moment on my definition of success was based on the phrase: “Some people see things and ask why, but I dream of things that never were and ask why not”.

As I am preparing to start my second and last year at Stanford University, I look back at the various activities outside the classroom which allow me to further expand my knowledge and experience in my fields of interest, which I was able to engage in at this prestigious academic institution. I would like to use this letter to also outline what I have worked on during the past academic year as a junior transfer student and also to highlight my short term goals so that you can form a better informed opinion of me.

As I arrived at Stanford in the Fall Quarter of 2004 I was quite impressed by the surroundings. Coming as a transfer student from a community college into an academic institution of such caliber is very unusual and everything seemed very grand and intimidating at first. I was soon able to meet and get to know many of my fellow students which only made me realize how much more and harder I had to work now that I was there. Throughout the year, I mainly took core Economics classes in order to fulfill the requirements of my major. I was able to meet amazing students and professors who further expanded my perspective. Now that the year is over, I have an overall GPA of 3.89 as opposed to 4.00 when I started; however, I have no regrets. I was able to take part in various extracurricular activities and work part-time during the entire year.

As far as my work is concerned, I first got a position as a Banking Associate at the Stanford Student Enterprises (Capital Group Division). My work consisted of managing budgets for more than 500 student groups and advising their financial officers on fiscal matters. I worked there for two quarters and was able to gain valuable knowledge into basic accounting practices, bookkeeping and routine banking transactions. The last quarter (Spring 2005), I interned at Morgan Stanley, Private Wealth Management Division at Palo Alto, where I was under the close supervision of a Senior Vice President. During the three months I was interning, I got acquainted with the financial software programs used on a daily basis and had a chance to examine and evaluate multiple clients’ portfolios and make recommendations with the help of other analysts.

During the year I also engaged in a number of non-academic clubs. I became a member of the Stanford Finance Club which recommended me for the Morgan Stanley internship position, which I later on got. I also was one of the founding members of the Stanford Rotaract Club on campus. Rotaract International is a highly acclaimed organization which represents the junior division of Rotary International. At first, I was elected as a community service chair, but within three months I was elected president of the Club for the coming academic year. I also became a member of the Asia-Pacific Student Entrepreneurship Society and the Stanford Pre-Business Association where I was fortunate to have students from the Stanford Business School as mentors.

Another aspect of my extracurricular activities is my role in domestic and international service projects. In my position as Stanford Rotaract Club president, I was able to form a team for the Relay for life, the signature event of the American Cancer Society, which took place at Stanford, and raise more that $1,500 in donations. I also worked on a project helping orphanage homes in Katmandu, Nepal, in coordination with Bellevue Rotary, WA and Palo Alto Rotaract, CA. I was able to raise another $1,000 for the cause, along with my fellow club members. In addition, I initiated a project of donating $25,000 worth of computer equipment and other devices to my old high school in Bulgaria — the Mathematical High School of Pazardjik. Realizing the great need the students there had for up-to-date equipment for their studies in Computer Science, Mathematics and other related fields, I was able to coordinate my efforts with Bellevue Rotary, Palo Alto Rotary, Pazardjik Rotary and BCC Rotaract and we have fulfilled all the steps in our plan so far. I am planning to take a group of volunteers from Stanford University with me to Bulgaria this coming Spring break, where we will install the equipment, creating two modern computer labs. We will also organize a seminar on advantages of higher education with a focus on United States and create a student exchange program for Rotaract Club members.

Last but not least, I wanted to highlight the more important events from my summer. At the end of my internship period at Morgan Stanley, my supervisor recommended me for the Summer Venture in Management Program at the Harvard Business School. This program’s purpose is to provide detailed information on the MBA program at HBS. In the two weeks I spent at Harvard, I got acquainted with the admission process and got extensive exposure to the case study method which is the way teaching is conducted there. I decided that I will pursue an MBA degree from HBS and will be taking GMAT in the winter in order to apply in the Spring. After my program at Harvard, I left for London, where I took two three-week long classes at the London School of Economics (Finance and Financial Markets) and received a grade of A+ in both of them. From London, I went to Belgium, where I was previously accepted to take part in a three-week long seminar on the political economy of the European Union organized by Stanford University. This has been one of the best programs I ever had the opportunity to be a part of. In three short weeks, I was able to meet two former Belgium Prime Ministers, a European Court of Justice Judge and most notably, the Secretary General of NATO. The caliber of speakers combined with the intensive and effective teaching methods inspired me to further my knowledge in the European Union and I am now thinking of writing an Honors thesis on the topic.

Upon completion of my course I plan to devote my efforts to improvement in intercultural communication in the business and finance field. With World Globalization and increasing interdependence between nations, we must face the inevitable cultural differences that account for inefficient international relations. I believe that my dual perspective due to the fact that I am a foreigner myself will allow me to make a real difference. I think working on implementing permanent tolerance and understanding between different nationalities is a task of utmost significance. I believe that the task of bringing closer the most developed countries to the rest will be vastly beneficial to both sides. I am confident that the education at Stanford University will prepare me well and will give me a head start upon my graduation.

My priority in life for the moment is getting the best education I can possibly get in order to be able to positively influence people and institutions later on in life. I try to treat people and approach problems with integrity and dedication. In order for you to form your opinion based on references from professionals that I have worked with or known in a similar capacity, I have attached some reference letters for your information.

I hope that based on what I have hereby presented such as academic achievements, exemplary attitude and post-service conduct and also based on outside opinions and evaluation of my character, you are able to grant my request and change my discharge from the USMC Reserve to a General Discharge. Thank you in advance for your time and I look forward to hearing from you. Please contact me if I can provide any further information.

Sincerely,

A_ K_ (Applicant)”

Documentation

In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:

Applicants r esume
Letter of Recommendation from B. J_ F_, President of Bellevue Community College , undated
Letter of Support from Dr. R_ L_, Executive Dean of Instruction , Bellevue Community College, dated December 1, 2003, 2 pages
Letter of Recommendation from V_ R. B_, Fa culty Advisor, Phi Theta Kappa, Bellevue Community College, undated, 2 pages
Commanding Officer’s message dtd February 22, 2005 (4 )
Commanding General’s message dtd February 22, 2005 (2)
Newspaper article regarding Applicant dtd May 9, 2004
School journal article regarding Applicant dtd May 11, 2004
School 2003 annual report excerpt with sidebar regarding Applicant
School 2004 annual report article regarding Applicant
2005 Fall class schedule article regarding Applicant
Newspaper article regarding Applicant’s family dtd May 12, 2004, 2 pages
Newspaper article regarding Applicant dtd March 4, 2004
School journal article regarding Applicant dtd September 10, 2003

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: 20010705             Date of Discharge: 20050222

Length of Service (years, months, days):

Active: 00 06 25
         Inactive: 03 0 0 23

Time Lost During This Period (days):

         Unauthorized absence: none
         Confinement:              none

Age at Entry: 19

Years Contracted: 8

Education Level: 12                                 AFQT: 86

Highest Rank: LCPL                          MOS: 1341

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency: 2.0 (1)*                               Conduct: 2.0 (1)*

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

*Extracted from CO’s letter of 040316

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 :

010705: 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.

010717: Applicant reported for initial tour of active duty for training.

020126: Applicant released from initial tour of active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.

031006: Commanding Officer, Headquarter and Service Company, 4 ^th Landing Support Battalion letter to Lance Corporal A_ S. K_, regarding unsatisfactory participation in the Selected Marine Corps Reserves for the following reason: 4 unexcused absences during 3-5 Oct 2003.

040111: Commanding Officer, Headquarter and Service Company, 4 ^th Landing Support Battalion letter to Lance Corporal A_ S. K_, regarding unsatisfactory participation in the Selected Marine Corps Reserves for the following reason: 4 unexcused absences during 10-11 Jan 2004.

040114: Letter of intent to administratively separate under other than honorable conditions for the failure to participate in reserve training sent via certified mail received by Applicant. Applicant receipted for letter and acknowledged contents.

040115 : Applicant notified of intention to initiate a competency review board due to professional incompetence.

040115: Applicant waived his right to a competency review board and accepted the commander’s determination of incompetence and reduction.

040208: Commanding Officer, Headquarter and Service Company, 4 ^th Landing Support Battalion letter to Lance Corporal A_ S. K_, regarding unsatisfactory participation in the Selected Marine Corps Reserves for the following reason: 4 unexcused absences during 7-8 Feb 2004.

040208: Counseling /Page 11 Entry : Applicant a dvised of deficiencies in performance and conduct (Unsatisfactory participation in the Marine Corps Reserves: UA from scheduled drills 7-8 FEB 2004.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant unavailable for signature.

040307: Commanding Officer, Headquarter and Service Company, 4 ^th Landing Support Battalion letter to Lance Corporal A_ S. K_, regarding unsatisfactory participation in the Selected Marine Corps Reserves for the following reason: 4 unexcused absences during 6-7 Mar 2004.

040307: Counseling /Page 11 Entry : Applicant a dvised of deficiencies in performance and conduct (Unsatisfactory participation in the Marine Corps Reserves: UA scheduled drills 040306-040307.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant unavailable for signature.

040316: Applicant reduced to E-2/Private First Class as a result of competency review board.

04032 3 : Applicant notified of intended recommendation for discharge by reason of unsatisfactory participation in the ready reserve with a character of service of other than honorable . Applicant informed the least favorable character of service possible was other than honorable. The factual basis for this recommendation was SNM was UA from the following drills MAR 6-7 04 (4 Drills), FEB 7-8 04 (4 Drills), JAN 10-11 (4 Drills), DEC 6-7 03 (4 Drills), NOV 1 03 (1 Drill) Total Missed Drills: 18.

040401: Counseling/Page 11 Entry: Applicant a cknowledged understanding of eligibility but not recommended for promotion to LCpl because of UA Admin Sep pending. Applicant unavailable for signature.

040404: Applicant advised of rights and having elected not to consult with counsel, elected to appear before an Administrative Discharge Board.

040509: An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant was an unsatisfactory participa n t and recommended discharge under other than honorable conditions.

040819: Commanding Officer, Headquarter and Service Company, Fourth Landing Support Battalion, Fourth Force Service Support Group , recommended to Commanding General, Headquarter s , Fourth Force Service Group , that Applicant be discharge under other than honorable conditions. Remarks: “This individual has verbally expressed no intention of returning to the unit in good standing despite counseling and flexible provisions by this command. Further, this individual fully accepts any and all negative implications from that overt decision to dismiss the obligation of service freely made. ”

041013: Inspector-Instructor, Site Support, 4 ^th LSB , recommended to Commanding General, Headquarters, 4 ^th Force Service Support Group, Applicant’s administrative discharge under other than honorable conditions due to unauthorized absences. Remarks: “The sustained inaction of this individual since October 2003 demonstrates he does not posses the character or desire for further useful service. Numerous and thorough efforts by SNM’s chain of command to include phone calls and communication in person with SNM where he stated that he will not return to drill. In M ay 2004, Private First Class K_ [Applicant] appeared before an Admin Sep Board and stated to the board that he had too many competing personal commitments to complete his obligation to the Marine Corps... ”

050222: GCMCA, Commanding General , Headquarters, 4 ^th Force Service Support Group, approved 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 20050222 by reason of unsatisfactory participa tion 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 implies that his discharge is inequitable because he decided to “stop participating in the monthly drills” because of family obligations and personal commitments. The Applicant further implies that his discharge is inequitable because of his belief that the war in Iraq was not “just” and that he “wasn’t willing to fight.”
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 reduction due to professional incompetence and his failure to participate in the ready reserves. The Applicant missed 18 drills prior to being notified of his Commanding Officer’s intention to recommend his separation. 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 requests that his discharge be changed due to his post-service accomplishments. 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 the service. The NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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. The Applicant submissions included a resume, newspaper articles chronicling his academic and volunteer efforts and letters of recommendation. After a complete review of the entire record, including the evidence submitted by the Applicant, the Board determined that the discharge was appropriate and that the evidence of post-service conduct was found not to mitigate the Applicant’s willful failure to fulfill his contract with the Marine Corps. 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 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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USMC | DRB | 2006_Marine | MD0600064

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