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USMC | DRB | 2006_Marine | MD0600719
Original file (MD0600719.rtf) Auto-classification: Denied


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

ex-Pvt, USMCR
Docket No. MD06-00719

Applicant’s Request
The application for discharge review was received on 20060330 . 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 20070315 . 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

         Equity: Isolated incident.

         Equity: Post service.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 1 and 4)
Ltr from Applicant, dtd April 8, 2006
 Character Reference ltr from C _ A. N _ , dtd April 8, 2006
Character Reference ltr from T_ A. P_, SSgt, USMC, dtd April 20, 2006
Character Reference ltr from J_ A. B_, CPSM, dtd April 14, 2006

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)     1989101 6 – 1 990 0 6 19       COG
         Active: USMCR    19900620 – 19910201      HON

Period of Service Under Review :
Date of Enlistment: 199 1 0202              Date of Discharge: 19 920123

Length of Service (years, months, days):

 Ina ctive: 0 1 11 21

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

Age at Entry: 1 9

Years Contracted: 8

Education Level: 12                                 AFQT: 53

Highest Rank: LCpl                                  MOS: 2311 (Ammunition Tech)

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3 . 6 ( 5 )                                Conduct: 4 . 4 ( 2 )

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): 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 :
900619:  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.
910714:  Commanding O fficer Letter sent via Certified Mail : Applicant notified of unsatisfactory drill participation (unexcused absence on 910713 (2) and 910714 (2)) , necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued .

910811 :  Counseling: Advised of deficiencies in performance and conduct ( Unsatisfactory Participation in the Selected Marine Co r ps R eserve for failure to attend scheduled drills on 13 and 14 July 1991. ), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
910929:  Commanding Officer Letter sent via Certified Mail: Applicant notified of unsatisfactory drill participation (unexcused absence on 910927 (1), 910928 (2) and 910929 (2)), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

911006:  Commanding Officer Letter: Applicant notified of unsatisfactory drill participation (unexcused absence on 911004 (1), 911005 (2) and 911006 (2)), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

91103 1 :  Applicant notified of intent to recommend separation with the least favorable character ization of service of under other than honorable conditions by reason of unsatisfactory participation in the ready reserve . The factual basis for this recommendation was based on the u nexcused absenc e from inactive duty training.

911031 :  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation and to include a written statement in reb uttal to the proposed discharge .

911031:  Counseling: Advised of deficiencies in performance and conduct (Unsatisfactory Participation in the Selected Marine Corps R eserve for failure to attend scheduled drills on 27, 28, and 29 Sep 91 and 4, 5, and 6, October 1991.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
911109:  Commanding Officer Letter sent via Certified Mail: Applicant notified of unsatisfactory drill participation (unexcused absence on 911108 (2) and 911109 (2)), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

911120:  Officer in Charge/Inspector, Ammunition Platoon , recommended that the Applicant be discharged under other than honorable conditions by reason of misconduct due to Failure to Participate (reserve not on active duty)

 911127:  Commanding Officer/Inspector-Instructor, Fourth Supply Battalion , forwarded , recommending approval .
920107 :  SJA review determined the case sufficient in law and fact.

9201 0 8 :  C ommanding General, 4th Marine Division (Rein), directed t he Applicant's discharge under other than honorable conditions by reason of misconduct due to Failure to Participate (reserve not on active duty) .


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19 920123 b y 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). The Board presumed regularity in the conduct of governmental affairs (F).
Equity – Isolated incident: Applicable regulations require that a member’s characterization of service be based upon the member’s total performance of duty and conduct during the current enlistment. However, there are circumstances where conduct or performance of duty reflected by a single adverse incident may form the basis of characterization for a Marine’s overall service. Notwithstanding, t he Applicant’s unexcused absence s were not isolated. The Applicant’s records document that he missed 14 scheduled drills when he was notified of intent to recommend separation. N othing in the records indicates that the Applicant’s discharge was in any way inconsistent with the standards of discipline in the U.S. Marine Corps. Therefore, the Board concluded that the Applicant’s discharge was proper and equitable as issued. Relief denied.
Equity – Post service: While 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 service, the Board 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. Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge. The Applicant submitted four character references for consideration. The Applicant’s efforts need to be more encompassing to include evidence of continuing educational pursuits, verifiable employment records, documented community service, and certification of non-involvement with civil authorities. At this time, there is not sufficient documentation of post service character and conduct to mitigate the misconduct that resulted in the characterization of discharge. And so, no relief is granted on this basis.

The Applicant is advised that the Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits or enhancing employment and educational opportunities. Additionally, the Board has no jurisdiction over reenlistment, reentry, or reinstatement into any of the Armed Forces. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Regulations limit the Board’s review to a determination of the propriety and equity of the discharge. Since these issues do not provide a foundation upon which the Board can grant relief, relief on this basis is not warranted.

The following is provided for the edification of the Applicant. 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 P1900.16D, 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 .

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 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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