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USMC | DRB | 2006_Marine | MD0600773
Original file (MD0600773.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. MD06-00773

Applicant ’s Request
The application for discharge review was received on 20060214 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable . 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 20070308 . 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 – Personal problems, financial

Documentation
Only the service record book and medical record were reviewed. The Applicant did not provide additional documentation for the Board’s consideration.

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: 19970322              Date of Discharge: 20000629

Length of Service (years, months, days):

 Active: 00 05 18
         Inactive: 02 09 21

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

Age at Entry: 23

Years Contracted: 8

Education Level: 1 0                                  AFQT: 67

Highest Rank: LCpl                                  MOS: 1391 (Bulk Fuel)

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 1 .0 ( 1 )                                 Conduct: 1 .0 ( 1 )
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle Marksman 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 :

970527:  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.
970527:  Applicant reported for initial tour of active duty for training.

971114:  Applicant released from initial tour of active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.

980917:  Letter of unsatisfactory participation in the SMCR mailed to the Applicant this date for drills missed on 980911, 980912, and 980913.

 991106:  Counseling: Advised of deficiencies in performance and conduct (Unauthorized absence for the following dates 991105-991106.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.
991129:  Letter of unsatisfactory participation in the SMCR mailed to the Applicant this date for drills missed on 9 91106 .

991220:  Letter of unsatisfactory participation in the SMCR mailed to the Applicant this date for drills missed on 991218-19.

 000109:  Applicant administratively reduced to Private First Class due to unsatisfactory performance of Reserve training, specifically, failure to attend scheduled drills while a member of the Selected Marine Corps Reserve.
000110:  Letter of unsatisfactory participation in the SMCR mailed to the Applicant this date for drills missed on 000107-09.


00 0 131 :  Commanding O fficer , Marine Wing Support Squadron 473 (-) letter to Applicant by certified mail. Subject: NOTIFICATION OF INTENT FOR ADMINISTRATIVE REDUCTION FOR UNSATISFACTORY PERFORMANCE OF RESERVE TRAINING IN THE SELECTED MARINE CORPS RESERVE. Commanding Officer informs the Applicant that he intends to recommend to the Enlisted Screening Board that the Applicant be administratively reduced to the grade of Private First Class for unsatisfactory performance of Reserve training.

0 00131 :  NOTIFICATION OF SEPARATION PROCEEDINGS. Applicant notified by certified mail of intended recommendation for discharge as under other than honorable conditions by reason of unsatisfactory participation. The factual basis for this recommendation was 15 missed drills during the proceeding 12 months on 991218 and 991219; 991105 and 991106; 991002 and 991003; and 990911 and 990912. Applicant informed the least favorable character of service possible was as under other than honorable conditions.
000214:  Letter of unsatisfactory participation in the SMCR mailed to the Applicant this date for drills missed on 000 204 -0 6 .
000303 :  Applicant failed to respond in writing to 000131 NOTIFICATION OF SEPARATION PROCEEDINGS no later than 20 days from receipt of letter. Failure to respond by the prescribed time constitutes a waiver of rights.

030308:  Applicant administratively reduced to Private First Class due to unsatisfactory performance of Reserve training, specifically, failure to attend scheduled drills while a member of the Selected Marine Corps Reserve.

 000317:  Commanding Officer, Marine Wing Support Squadron 473 (-) recommended Applicant ’s discharge under other than honorable conditions by reason of unsatisfactory participation; specifically, failure to attend drills as follows: 15 missed drills during the preceding 12 month period on 991218 and 991219; 991105 and 991106; 991002 and 991003; and 990911 and 990912. Commanding Officer’s comments: “Private First Class A_( Applicant ) has not made any attempt to make up his unexcused absences nor has he contacted this command regarding his new address or any problems he might be having. ”

000323:  Letter of unsatisfactory participation in the SMCR mailed to the Applicant this date for drills missed on 000303-05.
000403:  Letter of unsatisfactory participation in the SMCR mailed to the Applicant this date for drills missed on 000401-02.

000516:  Letter of unsatisfactory participation in the SMCR mailed to the Applicant this date for drills missed on 000506-07.
000602 :  SJA review determined the case sufficient in law and fact.

 000602 :  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 (board waived).

000706:  Letter from Site Commander, Marine Aircraft Group 46 to the Applicant, notifying him that he has been discharged from the U.S. Marine Corps Reserve as of 000629. The Applicant is not recommended for reenlistment and his characterization of service is under other than honorable conditions.



PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20000629 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, suppo rting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (D and E).

Equity – Personal problems, financial: The Applicant contends that he could not attend drill weekends because he needed the income from his civilian job.

The NDRB recognizes that serving in the U.S. Marine Corps Reserve is challenging. Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country. It must be noted that most members of the Marine Corps Reserve serve honorably and therefore earn their honorable discharges. In fairness to those members of the Marine Corps Reserve, commanders and separation authorities are tasked to ensure that undeserving Marines receive no higher characterization than is due. The NDRB found that the Applicant's service was equitably characterized. 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 unsatisfactory participation in the U.S. Marine Corps Reserve, specifically, missing 15 drills during the period of 19990911 to 19991219. 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 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 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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