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USMC | DRB | 2006_Marine | MD0600607
Original file (MD0600607.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. MD06-00607

Applicant’s Request
The application for discharge review was received on 20060329 . 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 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:
“ My discharge was retaliation and I was not allowed to make up the missed drills. I feel that an Other Than Honorable Discharge was in fact inequitable based on my hardship with drills and my employer, and my attempt to make up drills on my off days from work .”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Service 2) for period January 22, 1991 – April 23, 1991
Applicant’s DD Form 214 (Service 2) for period January 5, 1988 – June 4, 1988
City of Chicago Certificate of completion of Metropolitan Training Program from May 18, 1992 - August 17, 1992
Applicant’s letter, dtd February 18, 2006
 7 pages from Applicant’s service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         None

Period of Service Under Review :
Date of Enlistment: 19871230              Date of Discharge: 19930401

Length of Service (years, months, days):

 Active: 00 08 02
         Inactive: Unable to determine

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

Age at Entry: 22

Years Contracted: 8

Education Level: 1 0 (GED)                                    AFQT: 45

Highest Rank: LCpl                                   MOS: 2531

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4. 1 ( 10 )                       Conduct: 4. 1 ( 10 )

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



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 :

871230:  Applicant acknowledged understanding that satisfactory participation consists of attendance at and satisfactory performance of 48 scheduled drills and not less than 14 days of annual training per year for 6 years upon completion of initial active duty training.
880604 :  Applicant released from initial tour of active duty for training by reason of completion of required active service (USMCR) IADT with an Honorable characterization of service.

880605:  Joined for duty with Battery E, 2 nd Battalion, 14 th Marine Regiment, 4 th Marine Division, Joliet, IL.
890531 :  Acknowle dged understanding of eligibility but not recommended for promotion to L Cpl because of unsatisfactory drill status . Applicant chose not to make a state ment.
910122:  Applicant activated in support of Operations Desert Shield and Desert Storm.

 910411 :  Counseling: Advised of deficiencies in performance and conduct ( reporting to appointed place of duty when so required ) . N ecessary corrective actions explained, sources of assistance provided, discharge warning issued .

910423:  Applicant released from active duty by reason of having served obligated service time (Operation Desert Storm) with characterization of service as honorable.
920501:  Applicant absent from 1 drill. Absence unexcused.

 920502:  Applicant absent from 2 drills. Absences unexcused.
920503:  Applicant absent from 2 drills. Absences unexcused.

 9205 0 4:  Applicant notified via certified mail of status as unsatisfactory participant and advised of requirement and opportunity to perform Equivalent Instruction of Duty (EIOD). Applicant also informed of intent to administratively reduce to rank of Private First Class due to unsatisfactory performance and provided an opportunity to provide a statement in rebuttal.

920527:  Applicant reduced to Private First Class.
920918:  Applicant absent from 1 drill. Absence unexcused.
920919:  Applicant absent from 2 drills. Absences unexcused.

920920:  Applicant absent from 2 drills. Absences unexcused.

 92 1016 :  Applicant absent from 1 drill. Absence unexcused.
92 1017 :  Applicant absent from 2 drills. Absences unexcused.
92 10 18:  Applicant absent from 2 drills. Absences unexcused.
921113:  Applicant absent from 1 drill. Absence unexcused.

921114:  Applicant absent from 2 drills. Absences unexcused.
921124:  Applicant completes 1 EIOD.
          [Extracted from Commanding Officer, Batter y E ltr dtd 930113.]
921204:  Applicant absent from 1 drill. Absence unexcused.
92 1205 :  Applicant absent from 2 drills. Absences unexcused.
921206:  Applicant absent from 2 drills. Absences unexcused.
921208:  Staff Sergeant P_, USMC and Sgt V_, USMC attempt to personally service Notification of Separation Proceedings to Applicant at last known address. No answer at door.
         [Extracted from Commanding Officer, Batter y E ltr dtd 930113.]

 921209 :  Applicant notified via certified mail at last known address of intended recommendation for discharge by reason of Unsatisfactory Participation in the Ready Reserve with a characterization of service as under other than honorable conditions. The factual basis for this re commendation was accumulation of 23 unexcused absences from scheduled drills . Applicant informed the least favorable character of service possible was as under other tha n honorable conditions . Applicant provided 20 days from receipt to complete and return the enclosed Acknowledgement of Rights Form.

921216:  Sergeant D. F. C_, USMCR, affirms under oath tha t Applicant was served on 921209 via certified mail at last known address with Notification of Separation Proceedings.   

920112 :  Letter of Notification of Separation Proceedings returned undeliverable.
         [Extracted from Commanding Officer, Batter E ltr dtd 930113.]
930113 :  Commanding Officer/Inspector-Instructor, Battery E, 2 nd Battalion, 14 th Marine Regiment , recomm ended to Commanding General, 4 th Marine Division that the Applicant be discharge d by reason of Unsatisfactory Participation with a characteri zation of service as under other than honorable conditions.

930128 :  Commanding Officer /Inspector-Instructor, 2 nd Battalion, 14 th Marine Regiment, forwarded recommendation concurring that the Applicant be discharged under other than honorable conditions.

Not dated :       SJA review determined the case sufficient in law and fact.
          [Extracted from Commanding General, Marine Reserve For ce, ltr dtd 930329.]
9 30329 :  GCMCA, Commanding General, Marine Reserve Force , directed the Applicant's discharge by reason of Unsatisfactory Participation with a characterization of service as under other than honorable conditions.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19930401 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).

In the Applicant’s issue, the Board found no evidence that the d ischarge was prompted by any improper retaliatory motive on the part of any authority. The record indicates that the Applicant missed numerous drills, did not have a valid excuse for doing so, and failed to perform equivalent drills to satisfy his service obligation. The record also shows that his command made reasonable efforts, in accordance with applicable regulations, to provide the Applicant with opportunity to perform equivalent drills , to insure that he was notified of administrative consequences for his failure to satisfactorily participate, and to provide him with opportunity to respond to the proposed separation. Applicant’s failure to keep his command informed of his current of his current address, as it was his duty to do, and his subsequent failure to respond to the notification of separation, constituted a waiver of his rights. Relief is not warranted.

The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces; therefore, the NDRB is not authorized to change a reenlistment code. Reenlistment policy of the Marine Corps is promulgated by the Commandant, United States Marine Corps, Code MMEA, 3280 Russell Road, Quantico, VA 22134. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

The following is provided for the edification of the Applicant. 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, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided any post-service documentation to consider mitigating the misconduct that resulted in the characterization of discharge. 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. 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, Pr opriety .

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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