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USMC | DRB | 2006_Marine | MD0600969
Original file (MD0600969.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. MD06-00969

Applicant ’s Request
The application for discharge review was received on 20060705 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to entry level separation or uncharacterized. 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 20070510 . 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: Quality of Service.

 Equity: Youth and Immaturity.

 Propriety: Improper discharge.
Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:
Four page s from Applicant ’s service record
 Applicant ’s job reference from Florida Department of Corrections, dated January 3, 2006
 Applicant ’s letter of promotion from Florida Department of Corrections, dated September 22, 2004
 Certificate of completion of Basic Recruit Correctional Officer from Lake City Community College, dated February 18, 1998
 Certificate of Completion of 9MM pistol transition during October 22, 2003 and October 24, 2003
 Certificate of Completion of Discipline and Special Confinement Techniques, dated October 6, 2000
Certificate of Completion of Officer Stress Awareness and Resolution, dated November 20, 1998
Certificate of Completion of Special Tactical Problems, dated August 14, 1998
Certificate of Completion of Sex Crimes Investigations, dated April 17, 1998
Certificate of Completion of Basic Recruit Certificate, Certificate of Compliance, Correctional Officers, dated February 25, 1998
Letter from Applicant , dated June 26, 2006
Character Reference letter from R_ A. G_, Sr., Pastor, Victory Revival Center, dated June 26, 2006
 Applicant ’s DD Form 214 (Issued for training purpose) (2)
Letter from Applicant , dated November 7, 2006
 Certificate of Completion of Cross-over corrections to CMS Law Enforcement, dated August 21, 2006
 Applicant’s exam results

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: 19960523              Date of Discharge: 19980923

Length of Service (years, months, days):

 Active: 00 06 05
         Inactive: 01 09 29

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

Age at Entry: 18
Years Contracted: 8

Education Level: 12                                 AFQT: 46

Highest Rank: LCpl                                  MOS: 9900/1833

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 ( 3 )                                Conduct: 4.5 ( 3 )
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 :

960614 :  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.
960617:  Applicant reported for initial tour of active duty for training.

961011:  Applicant released from initial tour of active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.

970104 :  Applicant reported for tour of active duty for training.
970312 :  Applicant released from tour of active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.
980220:  Applicant administratively reduced to PFC as a result of excessive unexcused absences from regularly scheduled drills.

 980601 :  Counseling: Advised of deficiencies in performance and conduct ( UA from scheduled drills on 980501(1), 980502(2), and 980303(2).) , necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
980625:  Letter of intent to administratively separate under other than honorable conditions for the failure to participate in reserve training was sent via certified mail, return receipt requested.

980625 :  Applicant notified of intended recommendation for discharge as under other than honorable conditions by reason of unsatisfactory participation . The factual basis for this recommendation was your unsatisfactory progress while assigned to this unit is evidenced by your failure to participate in this unit’s drills. This pattern was established starting 970311 and has continued to attempt to bring you back to good standing, but all attempts have failed. You are advised at this time of my intent to process you for discharge from the Marine Corps, for failure to meet Marine Corps Standards (participation in scheduled drill). Applicant informed the least favorable character of service possible was as under other than honorable conditions.
980625 :  Applicant advised of rights and having elected not to consult, elected to waive all rights .

980824:  Applicant was administratively reduced to PVT as a result of excessive unexcused absences from regularly scheduled drill.

 980906 :  Commanding Officer recommended Applicant ’s discharge under other than honorable conditions by reason of unsatisfactory participation in the Ready Reserve .
980916 :  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).

980923:  SJA review determined the case sufficient in law and fact.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19980923 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). The Board presumed regularity in the conduct of governmental affairs (F).

Equity: Quality of Service: The Applicant is claiming that his conduct, while on and off active duty did not have any negative impact or bring any discredit to the United States Military.

When a Marine’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. Characterization of service as under other than honorable conditions 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 unexcused absences from scheduled drills. The Applicant was counseled and advised of deficiencies in performance and conduct for (unauthorized absence from scheduled drills on 980501 (1), 980502 (2), and 980503 (2). When the Applicant was notified of intended recommendation for discharge it was documented that a pattern for failure to participate in unit drills was established starting 970311 and continued until the Applicant was discharged. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his misconduct, and falls below that required for an honorable characterization of service. An upgrade to honorable would be inappropriate. Relief is therefore denied.

Propriety: Improper discharge: The Applicant claims he had less than 180 days on active duty and his discharge should be changed to uncharacterized.

By regulation, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation characterization of service unless there were unusual circumstances regarding a servicemember’s performance or conduct that merit another characterization. Entry level status for a member of a reserve component terminates 90 days after the beginning of the second period of active duty training. For the record, the Applicant served on active duty from 19960617 to 19961011 (117 days) and again from 19970104 to 19970311 (67 days). The Applicant was notified of the Commanding Officers intent to administratively discharge him on 19980625, approximately one year beyond the date of eligibility for entry-level status. Therefore the Board found his under other than honorable conditions characterization appropriate. Relief is not warranted.

Equity: Youth and Immaturity: The Applicant claims he was young and made a poor decision because of inexperience.

The Applicant contends that his problems in the Navy can be attributed to his "youth an immaturity." While he may feel that youth and immaturity was the underlying cause of his misconduct, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service. The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. Relief is 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 P1900.16E), 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 .

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 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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