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USMC | DRB | 2006_Marine | MD0600141
Original file (MD0600141.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. MD06-00141

Applicant’s Request
The application for discharge review was received on 20051020. 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 20060830 . 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 to the Board:

“My Conscious. ”
 “ When I enlisted in the Marine Corps, it was to join a winning team and become one of the best. During my active duty time I graduated at the top of my class in all my MOS prep schools and had a decent physical record. My active duty period lasted for around 10 months, at which time I was discharged with an Honorable discharge. I was then released to my Reserve unit in Miramar California. I had attended my first drill, but was not able to attend the rest of my drills. At that point in my life I did not have transportation and was not able to commute the 125 mile distance to my drill. I had disclosed the lack of transportation on my contract. Never the less I got a job in the civilian sector in hopes of obtaining a vehicle to make my drills. I knowingly knew that I would have to miss a few drills in order to work and to some how catch up on my drill time later. To make a long story short, my hopes of “catching up” slowly but surly slipped away with several months of no drills. By this time in my life I had enrolled in college full time and was working full time. After some time my command had reduced me in rank and the realization of returning to my drills had become apparent that it will not be such. I was devastated when I was reduced in rank, since my hard work had gotten me meritoriously promoted to E-3 from E-2. Now that I have finished my education, have formed a loving family, there is that one thing in the back of my mind that still haunts me, the fact that I got an Other Than Honorable from the reserve component. Now that I am older I see the benefits and quality’s that the Marine Corps instilled into me. If there is one thing I could take back in this life of mine is to have completed with my duty 100% with an Honorable Discharge from both components. I know there is no excuse for my actions and take full responsibility for my actions. I would like my Active D uty Records reviewed so that you may see my performance and judge me as a whole and not just from my reserve component. There is no reason for the request, just simply that my Conscious will not let me rest for my poor decisions as a young adult.
 Thank you for your time and consideration.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 for period ending 990920 (Member request Copy 4).

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: 19980716             Date of Discharge: 20010110

 Length of Service (years, months, days):

 Active: 00 08 02
         Inactive: 01 0 9 2 3

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

 Age at Entry: 18

Years Contracted: 8

Education Level: 12                                 AFQT: 62

 Highest Rank: LCpl                                  MOS: 6531

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (4)                                Conduct: 4.3 (4)

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

990115:  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. Reserve non-prior service initial interview sheet indicates Applicant lives within 50 miles or 1.5 hours driving time of the reserve unit and has transportation.

990119:  Applicant reported for initial tour of active duty for training.

990920:  Applicant released from initial tour of active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.
000118:  Ltr of unsat participation in the SMCR for drills missed on 000108 and 000109 mailed to SNM’s PMA this date.
000119:  Counseling: Advised of deficiencies in performance and conduct (UA from the following drills 000108 and 000109.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

000217:  Ltr of unsat participation in the SMCR for drills missed on 000205 and 000206 mailed to SNM’s PMA this date.

000306:  Ltr of unsat participation in the SMCR for drills missed on 000304 and 000305 mailed to SNM’s PMA this date.

000405:  Ltr of unsat participation in the SMCR for drills missed on 000401 and 000402 mailed to SNM’s PMA this date.

 000515:  Notification of Intent for Administrative Reduction for u nsatisfactory performance of reserve training in the selected Marine Corps Reserve .

000515:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of unsatisfactory participation. Factual b asis for recommendation: Failure to attend drills, 12 missed drills during the preceding 12 months on 4 and 5 March 2000; 5 and 6 February 2000; 8 and 9 January 2000. Applicant informed the least favorable characterization of service possible was under other than honorable conditions . Letter sent via certified mail, return receipt requested.

000517:  Ltr of unsat participation in the SMCR for drills missed on 000506 and 000507 mailed to SNM’s PMA this date.

 000525:  Applicant returned the notification of intent for administrative reduction. Applicant indicated he did not attend drills for the following reason ( s ) : “My Health, I’ve been having respatory problems. But unfortunatley I cant go to a doctor because I have no medical or dental coverage. Also because I have no transportation. Financially I have been left with helping my parents pay their bills, & putting my little brothers through school.”

 000605:  Ltr of unsat participation in the SMCR for drills missed on 000603 and 000604 mailed to SNM’s PMA this date.

 000607:  Applicant administratively r educ ed in rank for unsatisfactory performance of R eserve training , specifically, failure to attend scheduled drills while a member of the Selected Marine Corps Reserve.

00070 9:  Letter from Commanding Officer, Marine Fighter Attack Squadron 134 , informed Applicant that, should his unsatisfactory participation status continue, he will be subject to assignment to involuntary unrestricted active duty, discharge under other than honorable conditions or involuntary transfer to the Individual Ready Reserve.

000712:  Ltr of unsat participation in the SMCR for drills missed on 000708 and 000709 mailed to SNM’s PMA this date.
000911:  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. Applicant returned the wavier of rights with rights elected, but did not sign the document.

000912:  Commanding Officer, Marine Aircraft Group 46, recommended to Commander, Marine Forces Reserve (SJA) , that the Applicant be discharged under other than honorable conditions by reason of unsatisfactory participation. The factual basis for this recommendation was , specifically, failure to attend drills as follows: 32 missed drills during the preceding 12 month period on 5 and 6 August 2000; 8 and 9 July 2000; 1 and 2 April 2000; 4 and 5 March 2000; 5 and 6 February 2000; 8 and 9 January 2000; 11 and 12 September 1999.

001218 :  SJA review determined the case sufficient in law and fact.

 001218:  Commander, Marine Forces Reserve, directed the Applicant s under other than honorable conditions discharge by reason of failure to participate.
010111:  Site Commander, Marine Air Group 46, informed Applicant via letter that he was discharged on 010110.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20010110 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).

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 failure to attend 32 scheduled drills with his Selected Marine Corps Reserve unit. 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 discharge is inequitable because he had a 125-mile commute to attend drills as well as civilian employment obligations. While he may feel that personal obligations and difficulties were the underlying cause of his failure to fulfill the terms of his contract, the record clearly reflects his willful failure to participate. 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.

The Applicant implies that his discharge should be changed due to post-service conduct. 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 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 .

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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