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USMC | DRB | 2006_Marine | MD0600324
Original file (MD0600324.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. MD06-00324

Applicant’s Request
The application for discharge review was received on 20051206 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable or 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 20061102 . 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 from an attached letter to the Board:
“ Due to circumstances in the past, such as volunteering for assignments and voluntarily going Active Duty, Myself and Others Never received Medals and It Took Extensive amounts of time to recieve payment. My immaturity and impatience as a youth Took Part in my Decision to leave the service early. I would like to reinlist, for a second chance to do right. ”

“To whom it may concern,
I’m writing a request for a change in my discharge status. There are no excuses for Bad Decision Making as a youth. After Returning from Korea, I felt Betrayed By the United States Marine Corps, For Not Recieving Medals or Payment for my Services. That Had A lot to Do with My Decision for Leaving The Marines Early. Immaturity and impatience Also Took Part. My Request is For My Status To Be Changed From Other Than Honorable to Honorable or General. Due to The Present Situation Overseas, I Feel My Best Option and Duty IS TO REINLIST SO I CAN Serve my Country in its Time of need. Not only Does My Future, But The Future Of My Children Depend On It. Hopefully The United States Government Can Give Someone A Second Chance. Please consider My Request, And I’ll Be [unreadable] To Hear Back From you.
Thank You,

[signed]
 R_ C. G_ (Applicant)”
Documentation
Only the service record book and medical record were reviewed. The Applicant did not provide additional documentation for the Board’s consideration.

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: 1 9920827              Date of Discharge: 19980 813

Length of Service (years, months, days):

 Active: 0 0 0 4 26
         Inactive: 0 5 06 21

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

Age at Entry: 18

Years Contracted: 8

Education Level: 12                                 AFQT: 57

Highest Rank: PFC                                    MOS: 1833

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3 . 7 ( 10)                                Conduct: 3 . 6 ( 10 )

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214 for period ending 940629 ): National Defense Service Medal, Sharpshooter Rifle 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 :

930601 :  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.
930602:  Applicant reported for initial tour of active duty for training.
930828:  Applicant released from initial tour of a ctive duty for training by reason of completion of required active service .

940302:  Counseling: Advised of deficiencies in performance and conduct (Unsatisfactory participation in scheduled drills on Feb 4-6, 1994 (5) required scheduled drill periods.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
940321:  Applicant administratively reduced and assigned reduction Pro/Con marks of 1.9/1.9 due to unsatisfactory participation in the SMCR.
940328:  Applicant declared unsatisfactory participant due to unexcused absences on 2-3 October 1993 (4 IDT’s) and 6-7 November 1993 (4 IDT’s). Certified letter of notification forwarded this date.
940328:  Acknowledged understanding of eligibility but not recommended for promotion to PFC for the month of April 94 because of unsatisfactory participation in the SMCR. Applicant chose not to make a statement.
940501:  Applicant to active duty.
940629 :  Applicant released from active duty .
951105:  Counseling: Advised of deficiencies in performance and conduct (Unsatisfactory participation in scheduled drills on 13, 14, 15 October 1995.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
960115:  SNM (Applicant ) declared an unsatisfactory participate in the selected Marine Cor ps Reserve due to unexcused absences: 1 IDT on 960112, 2 IDT’s on 960113, and 2 IDT’s on 960114.

960116:  Notification letter of intent for administrative reduction sent out this date.

 960206:  Notification letter of intent for administrative reduction mailed this date.
960225:  Counseling: Advised of deficiencies in performance and conduct ((1) Unsatisfactory participation in scheduled drills on 12-14 Jan 96, (2) Making false officials statements to his where-abouts during the Jan drill and, (3) Illegal entry into the Marine Corps Training Facility on or about 0430 960224.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
960930:  Acknowledged understanding of eligibility but not recommended for promotion to LCpl for the month of OCT 96 Prom because of disciplinary and conduct problems along with not being able to meet the Marine Corps minimum physical condition standards. [unsigned]

961112:  Member found medically qualified for separation .
970206:  Unsatisfactory Participation Letter and Notification of Intent for Admin Reduction mailed out this date.

 970306:  Applicant was administratively reduced to Pvt this date due to unsatisfactory participation.
980612:  SJA review determined the case sufficient in law and fact.
980612   Commander, Marine Forces Reserve, directed the Applicant’s discharge under other than honorable conditions by reason of failure to participate reserve not on active duty (board waived).

980813:  D ischarged for u nsatisfactory participation in the Selective Marine Corps Reserve. Separation Code: HSG1 . Reenlistment Code: RE-4
Service Record Book did not contain the Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19980 813 by reason of unsatisfactory participation in the Ready Reserve (A, B, C and D ) 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 ( E a nd F ). The Board presumed regularity in the conduct of governmental affairs ( G ).

The government enjoys a presumption of regularity in the conduct of its affairs. The Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue. In the Applicant’s case, in the absence of a complete discharge package and without credible and substantial evidence to refute the Board’s presumption, the Board invoked the presumption of regularity. Specifically, the Board presumed that the Applicant was properly notified of his Commanding Officer’s intent to administratively process the Applicant for separation and that the Applicant was afforded all rights which he elected at notification.

The Applicant implies that his discharge was inequitable because he did not receive medals, he “volunteered” to go on active duty and it took “extensive amounts of time” to be paid. 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. Throughout the Applicant’s enlistment, he failed to attend 23 scheduled drills. Subsequent to the Applicant’s last period of active duty, the Applicant failed to attend 10 scheduled drills. The Applicant’s service was marred by three retention warnings for unsatisfactory participation, false official statements and illegal entry into the Marine Corps Training Facility. False official statements are a violation of Article 107 of the UCMJ. Violations of Article 107 are serious offenses for which a punitive discharge is authorized if adjudged as part of the sentence upon conviction at special or general court-martial. 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 contends that his “decision to leave the service early” was impacted by his immaturity and impatience. While he may feel that immaturity was the underlying cause of his failure to participate and misconduct, the record clearly reflects his willful misconduct and failure to fulfill his contract with the Marine Corps. 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 requests that his discharge be changed in order to reenlist. The Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment, employment or educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. Relief on this basis would be inappropriate.

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. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 107, false official statement.
E . Secretary of the Navy Instruction 5420 .174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

F . Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .

G . 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 .



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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