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USMC | DRB | 2006_Marine | MD0600660
Original file (MD0600660.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. MD06-00660

Applicant ’s Request
The application for discharge review was received on 20060410 . 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 20070201 . 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 - ISSUES AND DOCUMENTATION

Decisional Issues
Propriety – Error of fact
Equity – Post service

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s Letter, unsigned, dated March 27, 2006
 Eight pages from Applicant ’s service record
 Applicant ’s DD Form 214 for February 10, 1998 to July 25, 1998 (2)
Congress of the United States, House of Representatives P rivacy A ct release form, dated          December 11, 2005
 Letter from Applicant , dated March 3, 2006 (2 pages)
Fifteen pages of medical records
Letter to Applicant from D. P_, Deputy Head, Personnel Management Support Branch         (MMSB), dated February 28, 2006
Letter to Applicant from T_ S_, Member of Congress, dated February 14, 2006
 Letter to Applicant from T_ S_, Member of Congress, dated December 8, 2005

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: 19980120              Date of Discharge: 20000201

Length of Service (years, months, days):

 Active: 00 05 16
         Inactive: 01 06 0 7

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

Age at Entry: 23

Years Contracted: 8

Education Level: 12                                 AFQT: 41

Highest Rank: LCpl                                  MOS: 1371

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 ( 3 )                                 Conduct: 4.4 ( 3 )
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle Expert 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 :

980209 :  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.
980210 :  Applicant reported for initial tour of active duty for training.

 980725 :  Applicant released from initial tour of active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.

 990811:  Commanding Officer/Inspector/Instructor, Company A , 4 th Combat Engineer Battalion , letter to Applicant via certified mail. Applicant notified of deficient performance. Applicant is retained in the selected Marine Corps R eserve, however the following deficiencies in performance are identified: Seven unresolved unexcused absences. Applicant warned that 9 unresolved unexcused absences warrant discharge action.

990811:  Commanding Officer/Inspector/Instructor, Company A , 4 th Combat Engineer Battalion , letter to Applicant . Applicant notified of administrative reduction due to unsatisfactory participation.

 990915:  Commanding Officer/Inspector/Instructor, Company A , 4 th Combat Engineer Battalion , letter to Applicant via certified mail . Applicant administratively reduced to the rank of Private First Class for unsatisfactory participation.
990921 :  Commanding Officer/Inspector/Instructor, Company A , 4 th Combat Engineer Battalion , notified Applicant via certified mail of intended recommendation for discharge under other than honorable conditions by reason of unsatisfactory participation in the Ready Reserve . Applicant informed the least favorable character of service possible was under other than honorable conditions.
          Specified basis: unexcused absence from 11 scheduled drills.
         Factual basis: unexcused absence from drill on 20-23 July (7) and 11-12 Sep 99 (4).
991028:  Commanding Officer/Inspector/Instructor , Company A, 4 th Combat Engineer Battalion , recommended Applicant ’s discharge under other than honorable conditions by reason of unsatisfactory participation. Commanding Officer’s comments: “Private First Class W_( Applicant ) has demonstrated a total disregard for authority and discipline by repeatedly ignoring all attempts by the Company Staff and the Inspector-Instructor Staff to render assistance. Private First Class W_ has continually failed to respond to numerous attempts by his Platoon Commander/First Sergeant to improve his performance and to avail himself for drill and resolve his unexcused absences. The Letter of Notification, Acknowledgement of Rights Form and BCNR/NDRB Form was mailed to the last known address of Private First Class W_ on 990921. Private First Class W_ has been given over 20 days to respond and has failed to do so. This is considered a waiver of his rights. ”

000110 :  SJA review determined the case sufficient in law and fact.

 000110 :  GCMCA, Commander, Marine Forces Reserve , directed the Applicant 's discharge under other than honorable conditions by reason of failure to participate.




PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20000201 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).

Propriety – Error of fact: The Applicant states that he only missed 2 drills for 2 months.

 The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service if such change is warranted. There is no evidence of impropriety or inequity in the Applicant’s discharge. The Applicant’s record of service shows that he missed a total of 11 drill periods, 2 0-23 July (7) and 11-12 Sep 99 (4). The Applicant’s misconduct is clearly documented. Therefore, relief is denied.

Equity – Post Service: The Applicant states that he has been employed with the Justice Department, Federal Bureau of Prisons for 2 years.

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, 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.

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 his failure to abide by the obligation contained in his enlistment contract into the USMCR, specifically, his 11 unexcused absences. 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 P1900.16E), 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 .




















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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