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USMC | DRB | 2006_Marine | MD0600453
Original file (MD0600453.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. MD06-00453

Applicant’s Request
The application for discharge review was received on 20060131 . 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 20070103 . 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 th e discharge shall not change. The discharge shall remain Under Other Than Honorable Conditions by reason of unsatisfactory participation in the Ready Reserve.




PART I - ISSUES AND DOCUMENTATION


Decisional Issues :

Equity: Psychological and medical issues

Equity: Youth and immaturity
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Service 2)
Excerpts from Medical Record (7 pgs)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19900108 - 19900612       COG
         Active: USMC R (IADT)      19900613 - 19901204       HON (RAD)

Period of Service Under Review :
Date of Enlistment: 19901205              Date of Discharge: 19940208

Length of Service (years, months, days):

 Active: 00 00 28
         Inactive: 03 02 04

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

Age at Entry: 1 7 (Parental Consent)

Years Contracted: 8

Education Level: 12                                 AFQT: 55

Highest Rank: P FC                                    MOS: 3043 (Supply Admin Clerk)

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4. 3 ( 6 )               Conduct: 4.3 ( 6 )

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Marksman Rifle Badge, National Defense Service Medal, Merit o rious Unit Commendation .



Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNDER OTHER THAN HONORABLE CONDITIONS/Failure to Participate (Reserve not on active duty) (administrative discharge board required but waived); authority: MARCORSEPMAN 6213.

 Chronological Listing of Significant Service Events :

900613 :  Applicant reported for initial tour of active duty for training.
901204 :  Applicant released from initial tour of active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.
901205 :  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.
910817:  Letter of unsat participation mailed this date affording SNM an opportunity to make a statement.

920106:  Letter of unsat participation mailed this date due to repeated unexcused absences affording SNM an opportunity to make a statement.

920202:  Letter of intent to administratively reduce for unsatisfactory participation sent via certified mail, return receipt requested. Applicant did not submit a statement.

920202:  Applicant reduced due unsatisfactory part icipation in the SMCR .

920308:  Letter of unsat participation mailed this date due to repeated unexcused absences affording SNM an opportunity to make a statement.

920502:  Counseling: Advised of deficiencies in performance and conduct (unsatisfactory performance of reserve training due to repeated unexcused absences ), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920802:  Letter of intent to administratively reduce for unsatisfactory participation sent via certified mail, return receipt requested. Applicant did not submit a statement.

920802:  Applicant administrative ly reduced to PVT this date to due to unsatisfactory participation.
930818 :  Applicant notified (via certified mail, return receipt requested) of intended recommendation for discharge as under other than honorable conditions by reason of Unsatisfactory Participation in the S elected Marine Reserve . The factual basis for this recommendation was you have accumulated 33 unexcused absence s from Regular Scheduled Drills . Applicant informed the least favorable character of service possible was under other than honorable conditions. [ F ailure to acknowledge official certified mail constitutes acknowledgement and waiver of all rights (MARCORSEPMAN par. 6303)]

931105:  Affidavit of Service by Mail contained in record .
931105 :  Commanding Officer, Inspector-Instructor, Headquarter & Service Company, 4 th Maintenance Battalion , recommended Applicant’s discharge under other than honorable conditions by reason of Unsatisfactory Participation in the Selected Marine Corps Reserve due to his unexcused absence from 33 regular scheduled drills.

940106 :  SJA review determined the case sufficient in law and fact.
940107 :  GCMCA, Commanding General , Marine Reserve Force , directed the Applicant's under other than honorable conditions discharge by reason of failure to participate .

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19940208 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 Board presumed regularity in the conduct of governmental affairs (F).
Equity – Psychological and medical issues: The Applicant requests an upgrade, contending the he was “dealing with psychological and physical medical issues” during his enlistment.

When reviewing a discharge, the Board does consider the extent to which a medical problem might affect an Applicant’s performance and ability to conform to the military’s standards of conduct and discipline. The NDRB generally does not consider the circumstances surrounding the Applicant’s stated condition, the implied incorrect diagnosis, nor the medical treatment given to the Applicant to be of sufficient nature to excuse the Applicant’s misconduct. In fact, the NDRB sees no connection between the Applicant’s misconduct (33 unexcused absences from regular scheduled drills) and his purported psychological and medical conditions. Relief is not warranted.

Equity – Youth and immaturity: The Applicant also contends that he was “young and confused.”

The Board recognizes that serving in the 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. Most servicemembers begin their service at a relatively young age. It must be noted that despite their relative youth and immaturity, the vast majority of these members still serve honorably and therefore earn their honorable discharges. In fairness to those members, commanders and separation authorities are tasked to ensure that undeserving Marines receive no higher characterization than is due. After a thorough review, the Applicant’s records did not show that he was not responsible for his conduct and therefore should not be held accountable. The Board concluded that his service was equitably characterized. Relief on this basis is 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 post-service accomplishments or any other evidence related to the discharge at that time. 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 P1900.16D, effective 890627 until 950817) states that a Marine may be separated for unsatisfactory participation in the Ready Reserve under criteria established in MCO P10014.1.

B. Marine Corps Reserve Administrative Management Manual, MCO P10014.1.

C. Table 6-1, Guide for Characterization of Service, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16D, effective 890627 until 950817).

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 .

F. 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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