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USMC | DRB | 2006_Marine | MD0600578
Original file (MD0600578.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. MD06-00578

Applicant ’s Request
The application for discharge review was received on 20060307 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “ Secretarial Authority . ” The Applicant requests a personal appearance hearing before the Board in the Washington, D.C. Metropolitan area. The Applicant designate d the American Legion as his r epresentative .
Decision

A personal appearance discharge review was conducted in Washington, D.C. Metropolitan area on 20070307. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board determined that the discharge was proper and equitable at the time of separation. However, the Board concluded that the characterization of discharge is now inequitable. The Board’s vote was unanimous that the characterization of discharge shall change to GENERAL (UNDER HONORABLE CONDITIONS) and that the narrative reason for separation shall remain by reason of unsatisfactory participation in the Ready Reserve.

PART I - ISSUES AND DOCUMENTATION

Decisional Issues:

Equity: Medical factors.

Equity: Post service.
Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:
Applicant ’s DD Form 214 (Release from Active Duty)
Letter from Applicant, undated (2 pages)
Medical document (2 pages) dtd February 18, 2000
 Excerpts from Applicant’s service re cord (10 pages)
Character Reference ltr from K_ N. E_, dtd November 16, 2005

 On the date of the Personal Appearance Hearing, the following additional documentation was su bmitted and considered:
Record of Contributions to New Life Christian Fellowship dtd December 31, 2006
 Navy Federal Credit Union Statement Summary dtd September 30, 2000
Publix Employees Federal Credit Union Statement dtd September 30, 2000
Employment Verification from Landstar System, Inc, dtd February 27, 2007-03-07 Employment (Self) Appraisal dtd June 29, 2006
Employment Appraisal dtd June 29, 2006
Employment Appraisal dtd August 16, 2005
 History of Earnings from September 29 – December 22, 2000 dtd August 4, 2006
Excerpts from Applicant’s service Record (2 pages)
 Bounded Exhibit containing Character References, Police Records Check, College
 Degree, Credit Reports, and Excerpts from Applicant’s Service Record.

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19970307 – 19970317      COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 199703 18              Date of Discharge: 20010116

Length of Service (years, months, days):

 Active: 00 0 6 0 9
         Inactive: 03 0 3 2 0

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

Age at Entry: 1 9

Years Contracted: 8 (6 Active and 2 Inactive)

Education Level: 12                                 AFQT: 76

Highest Rank: LCpl                                  MOS: 183 3 (Assault Amphib Crewman)

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4 . 2 ( 6 )                                 Conduct: 4 . 2 ( 6 )
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle S harpshooter 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 :

970306 :  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.
970318 :  Applicant reported for initial tour of active duty for training.

 970712 :  Applicant released from initial tour of active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.

 970929 :  Applicant reported for active duty for training.
971212 :  Applicant released from active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.
000304 :  Counseling: Advised of deficiencies in performance and conduct ( Violation of the UCMJ Article 86, absence without leave. In specific, unauthorized absence from scheduled drill on 000303(1), 000304(2), and 000305(2), which ran concurrently with MORDT/CGI inspection. ), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. [ Note: Command did not sign this entry.]

000507:  Acknowledged understanding of eligibility but not recommended for promotion to Cpl for the May 2000 promotion period because of recent UA from drills. Applicant not available for signature.
000523:  Acknowledged understanding of eligibility but not recommended for promotion to Cpl for the Ju ne 2000 promotion period because of recent UA from drill. Applicant not available for signature.
000623:  Acknowledged understanding of eligibility but not recommended for promotion to Cpl for the July-September promotion quarter because of UA from drill. Applicant not available for signature.

 000816 :  Applicant notified , via certified mail, return receipt requested, of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of unsatisfactory p articipation. The general basis for this recommendation was your repetitive absenteeism from scheduled drills by accumulating over (9) absences. The factual basis for this recommendation was your unsatisfactory progress while assigned to this unit a s evidenced by your failure to participate in th e unit’s drills. This pattern was established starting 970607 and has continued through today. As you know , this command has continued to attempt to bring you back to good standing, but all attempts have failed. You are advised at this time, of my intent to process you for discharge for the Marine Corps for failure to meet Marine Corps Standards (participation in scheduled drill) .
[Administrative Note: Applicant joined unit 971213, making the date referenced in this entry erroneous.]

[Note: Failure to acknowledge official certified mail constitutes acknowledgement and waiver of all rights (MARCORSEPMAN par. 6303) . ]

001007 :  Commanding Officer, Co B(-), 4th Assault Amphibian Battalion , recommended Applicant ’s discharge under other than honorable conditions by reason of unsatisfactory participation in the Ready Reserve . C ommanding Officer’s comments: “ [ Applicant ] has clearly established a pattern of repetitive absenteeism from scheduled drills by accumulating over nine (9) absences. Initial efforts to counsel SNM by his platoon sergeant were unsuccessful. LC pl F_ has been screened and, in my opinion, is neither a candidate for the IRR or involuntary active duty. He has continually proven himself to be an unreliable candidate for mobilization and has not shown any potential for further useful military service because of his irresponsibility. LCpl F_ will be sent a copy of all supporting documents concerning this recommendation for discharge via certified mail. ”

001130:  Applicant informed via letter of administrative reduc tion to Private First Class due to unsatisfactory participation and or performance of Reserve training, specifically, failure to attend scheduled drills and/or annual training while a member of the Selected Marine Corps Reserve.
010116 :  SJA review determined the case sufficient in law and fact.
010116 :  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)).



PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20010116 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) at the time of discharge . The Board presumed regularity in the conduct of governmental affairs (F).
Equity – Medical factors and Post service: The Applicant requests relief contending that a back injury contributed to his missing scheduled drills. After a lengthy deliberation, the Board concluded that relief was not warranted on this basis. Instead, the Board found that the Applicant warrants partial relief based on the quality of his service during the period of enlistment under review and his post service accomplishments.

Regarding quality of s ervice , t he Applicant’s records document satisfactory service from March 1997 to February 2000 when he sustained his injury. During this period, the Applicant ’s average proficiency and conduct markings were 4.2 and 4.2, respectively. H e received a Letter of Appreciation and was awarded the Selected Marine Corps Reserve Medal for attending the necessary drills and annual training duty and conducting himself in a credible manner . The Board viewed this period as substantially positive.

On post-service , t he Board considered the Applicant’s many letters of reference ; police records check ; stable full time employment with positive appraisals ; regular attendance at his local church ; and his educational achievements and continued pursuits at University of North Florida . This evidence was enhanced b y the Applicant’s seemingly close knit family of over five years and sworn testimony of his wife. After careful consideration, the Board concluded the Applicant’s post-service achievements couple d wit h the positive aspects of his service record were sufficient to warrant partial relief.
The Applicant requests a Narrative Reason for Separation change to “Secretarial Authority.” Under its responsibility to examine the propriety and equity of the Applicant's discharge, the Board will change the reason for discharge if such a change is warranted. The summary of service, supported by the Applicant’s sworn testimony, clearly documents that unsatisfactory participation in the Ready Reserve was the reason the Applicant was discharged. Since no other reason could more clearly describe why the Applicant was discharged, changing it would be inappropriate. Relief on this basis is denied.

The Applicant has exhausted opportunities for review at the NDRB. If further review is desired, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning a change in the characterization of service.
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 .

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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction . You should read Enclosure (5) of the Instruction 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 Instruction 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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