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USMC | DRB | 2009_Marine | MD0900660
Original file (MD0900660.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20090126
Characterization of Service Received:
Narrative Reason for Discharge: FAILURE TO PARTICIPATE
Authority for Discharge: MARCORSEPMAN

Applicant’s Request: Characterization change to:
                  Narrative Reason change to:

Summary of Service

Prior Service:
Inactive:         NONE              Active:  

Period of Service Under Review:
Date of Enlistment: 19960523     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20010307      H ighest Rank:
Length of Service :
         Active   Y ea r ( s ) M on th ( s ) 18 D a y ( s )
         Inactive:        Y ea r ( s ) M on th ( s ) 27 D a y ( s )
 Education Level:        AFQT: 81
MOS: 3381
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle

Periods of UA / CONF :

NJP: SCM: SPCM: CC:

Retention Warning Counseling : 23

- 19970930 :       For unsatisfactory participation in the Marine Corps Reserve, specifically failure to attend regular scheduled drills on 19970929 and 19970930. Further, I understand that I will not be recommended for promotion until my UA’s are resolved.

- 19971207 :       For unsatisfactory participation in the Marine Corps Reserve, specifically failure to attend regular scheduled drills on 19971206 and 19971207. Further, I understand that I will not be recommended for promotion until my UA’s are resolved.

- 19980104 :       For unsatisfactory participation in the Marine Corps Reserve, specifically failure to attend regular scheduled drills on 19980103 and 19980104. Further, I understand that I will not be recommended for promotion until my UA’s are resolved.

- 19980308 :       For unsatisfactory participation in the Marine Corps Reserve, specifically failure to attend regular scheduled drills on 19980307 and 19980308. Further, I understand that I will not be recommended for promotion until my UA’s are resolved.

- 19980405 :       For unsatisfactory participation in the Marine Corps Reserve, specifically failure to attend regular scheduled drills on 19980403; 19980404 and 19980405. Further, I understand that I will not be recommended for promotion until my UA’s are resolved.


Retention Warning Counseling : 23 (cont)

- 19980503 :       For unsatisfactory participation in the Marine Corps Reserve, specifically failure to attend regular scheduled drills on 19980501; 19980502 and 19980503. Further, I understand that I will not be recommended for promotion until my UA’s are resolved.

- 19980607 :       For unsatisfactory participation in the Marine Corps Reserve, specifically failure to attend regular scheduled drills on 19980605; 19980606 and 19980607. Further, I understand that I will not be recommended for promotion until my UA’s are resolved.

- 19980702 :       For unsatisfactory participation in the Marine Corps Reserve, specifically failure to attend regular scheduled drills on 19980701 and 19980702. Further, I understand that I will not be recommended for promotion until my UA’s are resolved.

- 19980802 :       For unsatisfactory participation in the Marine Corps Reserve, specifically failure to attend regular scheduled drills on 19980801 and 19980802. Further, I understand that I will not be recommended for promotion until my UA’s are resolved.

- 19980913 :       For unsatisfactory participation in the Marine Corps Reserve, specifically failure to attend regular scheduled drills on 19980911; 19980912 and 19980913. Further, I understand that I will not be recommended for promotion until my UA’s are resolved.

- 19981004 :       For unsatisfactory participation in the Marine Corps Reserve, specifically failure to attend regular scheduled drills on 19981003 and 19981004. Further, I understand that I will not be recommended for promotion until my UA’s are resolved.

- 19981107 :       For unsatisfactory participation in the Marine Corps Reserve, specifically failure to attend regular scheduled drills on 19981106 and 19981107. Further, I understand that I will not be recommended for promotion until my UA’s are resolved.

- 19981206 :       For unsatisfactory participation in the Marine Corps Reserve, specifically failure to attend regular scheduled drills on 19981205 and 19981206. Further, I understand that I will not be recommended for promotion until my UA’s are resolved.

- 19990109 :       For unsatisfactory participation in the Marine Corps Reserve, specifically failure to attend regular scheduled drills on 19990109 and 19990110. Further, I understand that I will not be recommended for promotion until my UA’s are resolved.

- 19990207 :       For unsatisfactory participation in the Marine Corps Reserve, specifically failure to attend regular scheduled drills on 19990206 and 19990207. Further, I understand that I will not be recommended for promotion until my UA’s are resolved.

- 19990307 :       For unsatisfactory participation in the Marine Corps Reserve, specifically failure to attend regular scheduled drills on 19990306 and 19990307. Further, I understand that I will not be recommended for promotion until my UA’s are resolved.

- 19990411 :       For unsatisfactory participation in the Marine Corps Reserve, specifically failure to attend regular scheduled drills on 19990409; 19990410 and 19990411. Further, I understand that I will not be recommended for promotion until my UA’s are resolved.


- 19990502 :       For unsatisfactory participation in the Marine Corps Reserve, specifically failure to attend regular scheduled drills on 1999 0501 and 1999 0502 . Further, I understand that I will not be recommended for promotion until my UA’s are resolved.



Retention Warning Counseling : 23

- 19990606 :       For unsatisfactory participation in the Marine Corps Reserve, specifically failure to attend regular scheduled drills on 19990604; 19990605 and 19990606. Further, I understand that I will not be recommended for promotion until my UA’s are resolved.

- 19990808 :       For unsatisfactory participation in the Marine Corps Reserve, specifically failure to attend regular scheduled drills on 19990808; 19990807 and 19990808. Further, I understand that I will not be recommended for promotion until my UA’s are resolved.

- 19990912 :       For unsatisfactory participation in the Marine Corps Reserve, specifically failure to attend regular scheduled drills on 19990910; 19990911 and 19990912. Further, I understand that I will not be recommended for promotion until my UA’s are resolved.

- 20000808 :       For unsatisfactory participation in SMCR. Five (5) unauthorized absences.

- 20000908 :       For unsatisfactory participation in SMCR. Five (5) unauthorized absences.

Types of Documents Submitted/reviewed

 Related to Military Service:
DD 214:      Service / Medical Record: Other Records:

Related to Post-Service Period:  
         Employment:                        Finances:                          Education /Training :     
         Health/Medical Records:           Substance Abuse:                           Criminal Records:       
         Family/Personal Status:                   Community Service:                References:              
Additional Statements :
From Applicant:         From Representat ion :   From Congress member :

Other Documentation :

Pertinent Regulation/Law

 A. Paragraph 6213 of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 August 1995 until
31 August 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 August 1995, 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 II, Para 211, Regularity of Government Affairs , Part V, Para 502, Propriety and Para 503, Equity .



DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
DISCHARGE REVIEW DECISIONAL DOCUMENT

Applicant’s Issues

 1. Base on similar cases that received more favorable characterizations.
2. Post service conduct.

Decision

 Date: 20 0 9 0423            Location: Washington D.C .         R epresentation :

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall FAILURE TO PARTICIPATE .
Discussion

 Issue 1 : ( ) . The Applicant implies his discharge was inequitable because there are similar cases that have received more favorable characterizations. I n reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. If such a review reveals an impropriety or inequity, relief is in order. Regulations permit relief on equitable grounds if the Applicant’s discharge is inconsistent with standards of discipline of the Marine Corps . Based upon available records, nothing indicates the Applicant’s discharge was in any way inconsistent with the standards of discipline in the United States Marine Corps . The Applicant was discharged due to unsatisfactory participation in the Marine Corps Ready Reserve. As the Appli cant stated , he does not dispute the fact h e accrued missed drills t otaling 98 drill periods. For the knowledge of the Applicant, t he Board reviews the propriety and equity of an Applicant’s discharge individually, on a case-by-case basis . The Applicant’s contention is without merit as the NDRB does not do a comparison of cases as such. Additionally, he failed to provide any documentation explaining his failure to participate . The NDRB determined the awarded discharge characterization was appropriate and an upgrade would be inappropriate.

Issue 2: (Equity) RELIEF NOT WARRANTED. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation, which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in the civilian life subsequent to leaving the service. Outstanding post-service conduct, 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, is considered during Board reviews. Documentation to help support a post service conduct upgrade includes, but is not limited to: a verifiable continuous employment record; marriage and children’s birth certificate (if applicable); character witness statements; documentation of community or church service; certification of non-involvement with civil authorities; evidence of financial stability or letters of good standing from banks, credit card companies, or other financial institutions; and documentation of a drug free lifestyle. The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case by case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character.
Beside s the Applicant DD Form 293 and documentation from the Army as being on active duty , he did not provide any additional documentation for review. While the NDRB commends the Appl ic ant for his current participation in the Army, this was not deemed sufficient to warrant an upgrade in his discharge characterization for his lack of participation in the U. S. Marine Corps Reserve. To warrant an upgrade the Applicant’s post service efforts need to be more encompassing. The Applicant could have produced additional evidence as stated in the above paragraph with the full understanding completion of these items alone does not guarantee an upgrade. Should the Applicant feel his post service conduct becomes substantial enough to warrant a personal appearance, there are veteran’s organizations, such as the American Legion, willing to provide guidance to assist former service members in their efforts to obtain a discharge upgrade.

After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found

ADDENDUM: Information for the Applicant

 Complaint Procedures : 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 to the Joint Service Review Activity, OUSD (P&R) PI-LP, The Pentagon, Washington, DC 20301-4000 . 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 . ”

Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provi ded the 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. If a former member has been discharged for more than 15 years , has already been grante d a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

 Service Benefits: 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 and this issue does not serve to provide a foundation upon which the Board can grant relief.
Employmen t / Educational Opportunities : The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.

Reenlistment/RE-code: Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.
Medical Conditions and Misconduct : DoD disability regulations do not preclude a disciplinary separation. Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons. Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation or is referred to a court-martial fo r misconduct, the disability evaluation is suspended. The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct, the medical board report is filed in the member’s terminated health record. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or other medical related reasons. ” Only the Board for Correction of Naval Records can grant this type of narrative reason change.
Automatic Upgrades - 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 may be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.

Issues Concerning Bad-Conduct Discharges (BCD ) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief. With respect to a discharge adjudged by a special court-martial, the action of the NDRB is restricted to upgrades based on clemency. Clemency is an act of leniency that reduces the severity of the punishment imposed. The NDRB does not have the jurisdictional authority to review a discharge or dismissal resulting from a general court-martial.

Board Membership: 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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