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USMC | DRB | 2006_Marine | MD0600672
Original file (MD0600672.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-PFC, USMC
Docket No. MD06-00672

Applicant ’s Request
The application for discharge review was received on 20060421 . 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 personal appearance hearing before the Board in the Washington, D.C. Metropolitan area. The Applicant designated a civilian counsel as the representative on the DD Form 293.
Decision

A personal appearance discharge review was conducted in Washington, D.C. on 20070202. 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 at the time of issuance. However, after consideration of the Applicant's post service conduct, the Board determined relief was warranted based on equitable grounds.
The Board’s vote was 3 to 2 that the discharge shall change to: GENERAL (UNDER HONORABLE CONDITIONS)/ UNSAT PARTICIPATION IN READY RESERVE; authority: MARCORSEPMAN 6213.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
Request upgrade to general discharge, based on post-service conduct.

Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:
Applicant statement, dtd February 3, 2006 (2 pages)
 Applicant ’s CD of official military personnel file, dtd March 7, 2006
 Applicant ’s DD Form 214 for completion of required active service (State Director Of Veterans Affairs - 6)
Character Reference ltr from C. D. L_, Commandant, Marine Corps League, K _ M _ Detachment (# omitted) , undated
Letter from J_ J. D_, Jr., Member of Congress, to Naval Council of Personnel Boards, dtd April 7, 2006 (2 pages)
Applicant ’s Certificate of Baptism, dtd September 5, 2004 (2)
Letter of Recommendation from R_ B_, Guidance Counselor, E _ C _ Elementary School, dtd January 24, 2006
Character Reference ltr from Pastor S_ B_, dtd January 1, 2005 (2)
Character Reference ltr from J_ B_, Minister, dtd December 28, 2005 (2)
Letter to Applicant from Mayor R_ S_, City of E_ C_ , dtd January 18, 2005
Letter to Applicant from R_ S_, Mayor, City of E_ C_ , dtd April 5, 2004 (2)
Character Reference ltr from J. C. H_, Marine Corps League, K _ M _ Detachment ( # omitted), undated
Forty-seven pages from Applicant ’s service record
Job/Character Reference ltr from R_ V. S_, Mayor, City of E_ C_ , dtd December 27, 2005
Letter of recommendation from J_ W. M_, Chief, E_ C _ Fire Department, dtd January 21, 2006
Character Reference ltr from R_ B_, Commander, Disabled American Veterans Chapter (# omitted) , E_ C_ , KY, dtd November 29, 2005
Letter from Department of the Army, Headquarters, 82D Airborne Division, Fort Bragg, North Carolina, R_ J. R_, Captain, US Army, Assistant Division Transportation Officer, dtd January 3, 2006
Character Reference ltr from W_ M. D_, P _ County Judge/Executive, P _ County Office of County Judge - Executive, undated
Character Reference ltr from Sr. Trooper B_ G. C_, undated
Job/Character Reference ltr from D_ H. B_, Chief of Police, City of O _ R _ , T N , dtd January 11, 2006 (2 pages)
Job/Character Reference ltr from K_ S_ R_, Deputy Judge Executive for Pike County, undated
Character Reference ltr from B_ L_ A_ and D_ H. A_, dtd January 14, 2006
Character Reference ltr from K_ W. K_, Electrical Engineer, N _ S _ C _ , Oak Ridge, TN and S_ A. K_, Bookkeeper, Office Manager, S _ A _ , Knoxville, TN, dtd January 16, 2006 (2)
Job/Character Reference ltr from G_ K. B_, Chief of Police, M _ Police Department, dtd January 18, 2002
Letter from J_ T_, Administrator, N _ Healthcare Knoxville, St. M _ ’s H _ S _ , Knoxville, TN, dtd June 13, 2001
Job/Character Reference ltr from A_ F_, Nutritional Services Coordinator, dtd June 15, 2001
Job/Character Reference ltr from J_ A. W_, dtd June 16, 2001
Character Reference ltr from B_ K. A_, dtd June 12, 2001
Job/Character Reference ltr from F_ E. M_, dtd June 12, 2001
Character Reference ltr from M_ M_, Senior Vice President, Resource Development, St. M_’s H_ S_ , Inc, dtd June 13, 2001
 Character Reference from R_ P_, Operations Supervisor, St. M_’s H_ S_ , Inc, dtd June 13, 2001
Character Reference ltr from Reverend M_ M_, Chaplain, St. M_’s H_ S_ , Inc, dtd June 11, 2001
Character Reference ltr from L_ R. C_, Assistant to the President/CEO, St. M_’s H_ S_ , Inc, dtd June 11, 2001
Character Reference ltr from C_ E. R_, Director, Plant Facilities, St. M_’s H_ S_ , Inc, dtd June 11, 2001
Job/Character Reference ltr from J_ D. B_, Security Manager, St. M_’s H_ S_ , Inc, dtd June 11, 2001
Character Reference ltr from J_ F_, Social Service Clinician II, Cabinet for Health and Family Services, undated
Job/Character Reference ltr from D_ E. D_, Sheriff, dtd June 19, 2001
Job/Character Reference ltr from D_ T_, Director, P _ County E-9-1-1 and Emergency Management, dtd January 9, 2006
Character Reference ltr from R_ S. J_, State Senator, Commonwealth of Kentucky, dtd December 19, 2005
Character Reference ltr from H_ K_ H_, P_ County Attorney, dtd December 12, 2005
 Letter to Applicant from R_ S_, Mayor, City of E _ C _ , dtd July 1, 2003
Applicant ’s Official Driver Record from State of Tennessee, Department of Safety, dtd February 1, 2006
 Financial status letter from B_ B_, F_ T_ Bank, dtd February 2, 2006
 Applicant ’s request for a criminal record check, dtd February 1, 2006
Facsimile cover sheet from Congress of the United States, House of Representatives, dtd April 20, 2006
Character Reference ltr from V_ B_, Applicant ’s wife, dtd April 10, 2006 (3 pages)
Character Reference ltr from W_ E. M_ and J_ E. M_, Applicant ’s in-laws, dtd April 6, 2006 (2 pages)
Recommendation List (3 pages)
Character Reference ltr from Deputy Sheriff M_ A. T_, dtd January 10, 2007
24 photographs (originals reviewed during hearing and returned to Applicant)

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: 19930326              Date of Discharge: 19970819

Length of Service (years, months, days):

 Active: 00 08 08
         Inactive: 03 08 15

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

Age at Entry: 1 9

Years Contracted: 8

Education Level: 12                                 AFQT: 31

Highest Rank: LCpl                                   MOS: 1171

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NA *                                     Conduct: NA*
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle Sharpshooter Badge, National De fense Service Medal

* Not Available


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 :

930326 :  Applicant acknowledge s understanding that satisfactory participation in the USMCR consists of attendance at and satisfactory participation in 48 scheduled drills and not less than 14 days of annual training per year for 6 years in the SMCR upon completion of initial active duty training. Also acknowledges understanding that failure to attend drills and training periods could result in a less than honorable discharge.

930921 :  Applicant reported for initial tour of active duty for training.

 940528 :  Applicant released from initial tour of active duty for training by reason of completion of required active service (USMCR) IADT with a characterization of service as Honorable. Not a final discharge.

951007:  Counseling: Advised of deficiencies in performance and conduct (Failure to obey a lawful order and lackadaisica l attitude towards order given). N ecessary corrective actions explained, sources of assistance provided, disciplinary warning issued.
960505 :  Counseling: Advised of deficiencies in performance and conduct ( Failure to maintain satisfactory participation in the SMCR. Applicant was unexcused for 5 drill periods from 960503 to 960505. Due to Applicant ’s unauthorized absence Applicant has been administratively reduced to Private First Class ). N ecessary corrective actions explained, sources of assistance provided. Applicant not available for signature.

960723 :  Applicant notified of intended recommendation for discharge by reason of unsatisfactory participation in the SMCR with a characterization of service as under other than honorable conditions. The factual basis for this recommendation was missed drills on: (1) 960503, (2) 960504, (2) 960505, (2) 960601, (2) 960602 . Applicant informed the least favorable character of service possible was under other than honorable conditions.

960723 :  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights .

960723:  Applicant submitted handwritten, signed statement: “I S _ B _ have no desire to be in the USMCR do to back problems. I feel if I returned to the unit I will be treated different from the other members and by the other member of the unit. ”

970520 :  Commanding Officer /Inspector-Instructor , Collecting and Clearing Company Alpha, 4 th Medical Battalion, 4 th Force Service Support Group, recommended to Commander, Marine Forces Reserve (SJA) that Applicant be discharge s by reason of unsatisfactory performance in the ready reserve with a characterization of service as under other than honorable conditions . Inspector-Instructor ’s comments: “Private First Class B_ (Applicant) has proven to be unwilling to conform to regulations provided under the UCMJ and unreliable in his commitment to participate in scheduled drills in May and June 1996.
         Private First Class B_ (Applicant) has demonstrated he has no desire to fulfill his obligation to the Marine Corps. His presence in this unit and the Marine Corps will have a negative effect on the morale and effectiveness of the other Marines in the company.
         A successful phone call was made on April 25, 1996 to Private First Class B_ (Applicant) before the May drill telling the SNM to bring in the updated medical evaluation in order to be excused from drill since his TNPQ status his run out. Private First Class B_ (Applicant) has stated to HM2 H_, “That I have no desire to return to the unit and remain in the Marine Corps.” HM2 P_ had told Private First Class B_ (Applicant) the way to correct his deficiencies through his chain of command and that if he did not then a list of consequences was given to him under the references (a) and (b). Private First Class B_ (Applicant) did not show up for the May drill and was given Unexcused for those drills. A letter on intent was mailed to Private First Class B_ (Applicant), notifying him of his reduction and intent to process him for discharge. Private First Class B_ (Applicant) called back, came in and turned in his 782 gear personally on May 15, 1996 and reiterated his intention of not returning to the unit. The SNM was given every possible attempt to correct his deficiencies. On 23 July 1996 PFC B_ (Applicant) came to the unit to turn in his initial uniform issue. On that date he was again given the opportunity to reschedule his missed drills and as evidenced by enclosure (4), he decline to do so. He was then given enclosures (1) and (2) which he completed. Several members from the staff, HM2 H_, HM2 P_ and HM2 P_, Including myself, the Inspector-Instructor, have made every attempt to convince the Private First Class to think about his consequences and would be assisted in every way without retaliation. Please help this command by not delaying this request for discharge. The SNM status Is bringing this company down. It is requested that Private First Class B_ be discharged at the earliest time possible. ”
970806 :  SJA review determined the case sufficient in law and fact.

 970806 :  GCMCA, 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 (without board)) .
020215:  NDRB documentary record review Docket Number MD01-01025 conducted. Determination: discharge proper and equitable; relief not warranted.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19970819 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 issuance. However, after consideration of the Applicant's post service conduct, the Board determined relief was warranted based on equitable grounds.

The Board found that the Applicant’s post-service conduct was sufficiently creditable to warrant an upgrade to his characterization of service to general (under honorable conditions). The Applicant’s career progression, community service, and strong references demonstrated that he possessed character and drive that was not evident during his tour of active duty. His post-service actions demonstrate that his decision to ignore his obligation to the Marine Corps, his unit and his fellow Marines, was most likely short-sighted, immature, and self-centered behavior not reflective of his subsequent character development. The Board voted three to two that the discharge characterization shall change to general (under honorable conditions) and voted unanimously that the reason for discharge remain the same. While the Applicant requested only a general discharge, the Board determined that in view of the seriousness of his behavior, consideration of a change in the discharge characterization to fully honorable was not warranted.

The following is provided for the edification of the Applicant. The Applicant has exhausted his opportunities for review by the NDRB. The Applicant may, however, petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning a change in the characterization of Naval service, if he desires further review of his case.

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 Administrativ e 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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