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USMC | DRB | 2006_Marine | MD0600559
Original file (MD0600559.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. MD06-00559

Applicant ’s Request
The application for discharge review was received on 20060310 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable . 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 20070110 . 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:
“ I K_ L. M_( Applicant ) would like an upgrade in order to obtain a job with the Alabama Dept. of Corrections. ”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from Chief R. A_ B_, Executive Secretary, Alabama Peace Officers, Standards and Training Commission, dtd December 13, 2005
Statement from Applicant , dtd February 19, 2000

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: 19900720              Date of Discharge: 19940415

Length of Service (years, months, days):

 Active: 00 05 29
         Inactive: 03 02 27

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

Age at Entry: 21

Years Contracted: 8

Education Level: 12                                 AFQT: 33

Highest Rank: LCpl                                   MOS: 0311

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.9 (8)                                 Conduct: 3.9 (8)

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


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 :

910314:  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.
910314:  Applicant reported for initial tour of active duty for training.

 910912:  Applicant released from initial tour of active duty for training with an Honorable discharge by reason of completion of required active service (USMCR) IADT.
UNDATED:         Counseling: Advised of deficiencies in performance and conduct (Unsat drill participation.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

931102:  Applicant notified of being recommended for administrative reduction.

 931203 :  Commanding officer notified the Applicant of unsatisfactory drill participation via certified letter.
931203 :  Page 11 Entry: Letter of intent to administratively separate under other than honorable conditions for the failure to participate in reserve training was sent via certified mail on 931102 , return receipt requested. Applicant receipted for letter by return signature but failed to acknowledge the contents. [The failure to acknowledge official certified mail constitutes acknowledgement and waiver of all rights (MARCORSEPMAN par. 6303)]

940103:  Acknowledged understanding of eligibility but not recommended for promotion to LCpl for the month of Jan 94 because of unsatisfactory drill participation. Applicant not available for signature.

 940107:  Counseling: Advised of deficiencies in performance and conduct (Unsat drill participation.) necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.


940107:  Applicant declared an unsatisfactory participant. Applicant notified by certified mail of recommendation for discharge under other than honorable conditions by reason of unsatisfactory participation due to excessive missed drills.

 940107:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of unsatisfactory drill participation . The factual basis for this recommendation was records maintained at the unit that show that the Applicant missed the following drills 930108 -930110 (5), 930205-930207 (5), 930402 - 930403, 930420 (4), 930501-930502 (4), 930604-930605 (2), 930807-930808 (4), 930904 (2), 931022-931024 (5) for a total of 31 drills. Applicant informed the least favorable character of service possible was as u nder other than honorable conditions.

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

940201:  Acknowledged understanding of eligibility but not recommended for promotion to LCpl for the month of Feb 94 because of unsatisfactory drill participation. Applicant not available for signature.

940301:  Acknowledged understanding of eligibility but not recommended for promotion to LCpl for the month of Mar 94 because of unsatisfactory drill participation. Applicant not available for signature.

940401:  Acknowledged understanding of eligibility but not recommended for promotion to LCpl for the month of Apr 94 because of unsatisfactory drill participation. Applicant not available for signature.

 940404:  Commanding Officer /Inspector Instructor , recommended via Commanding Officer /Inspector Instructor, 3d Battalion, 23 Marines, New Orleans, LA , Applicant ’s discharge under other than honorable conditions by reason of unsatisfactory drill participation .
940404:  SJA review determined the case sufficient in law and fact.

 940406 :  GCMCA, Commanding General, Marine Corps Reserve , directed the Applicant 's discharge under other than honorable conditions by reason of failure to participate (Reserve not on active duty) admin discharge board required but waived.

940415:  Commanding Officer /Inspector Instructor , notified Applicant of dis charge under other than honorable conditions for failure to participate.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19940415 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, supp orting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (D and E).

The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment opportunities. The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and/or the reason for discharge if such change is warranted. There is no evidence of impropriety or inequity in the Applicant’s discharge. The Applicant’s misconduct is clearly documented. Therefore, relief is denied.

When the service of a member of the U.S. Marine Corps Reserve has been honest and faithful, it is appropriate to characterize that service as honorable. 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 2 retention warnings, 4 non-recommendations for promotion and an administrative reduction in rank. The Applicant was processed for administrative separation by reason of failure to participate in Reserve training, missing 31 drill periods over the period of time of 19930108 to 19931024. 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 U.S. Marine Corps Reserve and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

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 P1900.16D, 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 .
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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