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

ex-Pvt, USMCR
Docket No. MD01-00666

Applicant’s Request

The application for discharge review, received 010410, requested that the characterization of service on the discharge be changed to general/under honorable conditions.  The applicant requested 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 010928.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain:  UNDER OTHER THAN HONORABLE CONDITIONS/UNSAT PARTICIPATION IN READY RESERVE, authority:  MARCORSEPMAN 6213.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  I would like to upgrade my discharge based on the circumstances that surrounded my UA status.  I had many serious physical, personal, and financial problems that I did not make, nor did I want to make, the Marine Corps aware of.  I left the Marines with the full intention of returning when I had dealt with these issues.  I made a mistake by not informing my chain of command about my situation.  When I had finally gotten back on my feet and returned to my reserve center I was informed of my discharge.  I would like to upgrade it so that my mistakes and irresponsibilities of that time will not stain my record forever, and so that if I wish to re-enlist I might have the opportunity to do so.  I feel that if I had gone to the marines and made them aware of the problems I was having they would have been more than helpful and I would not be in the position I am in today.  Thank You.

Documentation

Only the service and medical records were reviewed, as the applicant did not provide additional documentation for the Board to consider.

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:   None
	Inactive: None

Period of Service Under Review:

Date of Enlistment:  960919		Date of Discharge:  000810

Length of Service (years, months, days):

	Active:    00  01  26
	Inactive:  03  08  26

Age at Entry:  18			Years Contracted:  8

Education Level:  12			AFQT:  93

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.1 (8)		Conduct:  4.1 (8)

Military Decorations:  None

Unit/Campaign/Service Awards:  Expert Rifle Badge

Days of Unauthorized Absence:  None

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:

971107:	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.

990411:	Letter notification of unsatisfactory participation in the Selected Marine Corps Reserve.  Discharge warning issued.

990718:	Letter notification to applicant administratively reducing him 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.

990718:	Letter notification of unsatisfactory participation in the Selected Marine Corps Reserve.  Discharge warning issued.

990822:	Letter notification to applicant administratively reducing him to Private due to unsatisfactory performance of Reserve training, specifically, failure to attend scheduled drills while a member of the Selected Marine Corps Reserve.

990822:	Letter of intent to administratively separate under other than honorable conditions for the failure to participate in reserve training was sent via certified mail because personal service was required but unsuccessful.  The package was returned as "unclaimed".  

000412:	Commanding officer recommended discharge under other than honorable conditions by reason of unsatisfactory participation in the Ready Reserve.  The factual basis for this recommendation was due to applicant's absence from scheduled IDT beginning from April 1999 to the present.  Commanding officer’s comments (verbatim):  "Private (Applicant) is an example of a Marine that did not have a sense of duty or commitment to the marine Corps Reserve.  After joining this unit in November 1998 as an Inter-Unit Transfer, he was initially in a good drilling status.  Shortly thereafter, he began a string of unexcused absences in April 1999.  The platoon commander called Private (Applicant) every month concerning his unsatisfactory participation.  Eventually, through conversations with Private (Applicant)'s parents, it was discovered that he was now living and working in Cherry Hill, NJ.  His parents were noticeably disturbed by their son's lack of commitment and displayed a sincere desire to assist in getting him back on track.  Private (Applicant)'s platoon commander worked diligently with member's father to make up a schedule for his son to make up the missed drills.  Much to member's father's disappointment and frustration, his son failed to contact anyone in the chain of command.  In an effort to exhaust all courses of action, member's platoon commander then coordinated with member's father to conduct a command visit during one of the Private (Applicant)'s visits home.  However, this plan fell through as Private (Applicant)'s father failed to deliver on his promise, and no command visit was able to be made.  However, purely by chance, a Corporal from his platoon ran in to Private (Applicant) and immediately counseled him concerning his absence and told him that he needed to come back and resolve the situation.  Member's response was an insincere "I'll think about it."  Despite every effort put forth by this command, Private (Applicant) has refused to meet his obligations as a Marine.  He has shown a trend for unsatisfactory participation at both this unit and his previous unit, as documented in enclosure (6) (Standard Page side of SRB).  Private (Applicant) will not allow us to help him and refuses to be a member of our team and should therefore be expeditiously processed for discharge under other than honorable conditions."

000725:	SJA review determined the case sufficient in law and fact.  

000727:	GCMCA [Commander, MarForRes] directed the applicant's discharge under conditions other than honorable by reason of failure to participate (Reserve not on active duty).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 000810 under other than honorable conditions for misconduct due to unsatisfactory participation in the Ready Reserve (A, B, and C).  The Board presumed regularity in the conduct of governmental affairs (D).  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 (E and F).

Issue 1.  The applicant provided no documentation to support his alleged physical, personal, and financial problems that precluded him from completing his enlistment.  The applicant refused efforts by his chain of command to correct his deficiencies. He also signed a contract on 991107, while enlisting into the USMCR, that acknowledged his understanding 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.  The Board rejects the applicant’s claim that personal problems warrant relief.  Relief denied.

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces.  Reenlistment policy of the naval service is promulgated by the Commander, Navy Personnel, Pers 814, 5720 Integrity Drive, Millington, TN 38055, and the Commandant, United States Marine Corps, Code MMPE-5, Washington, DC  20380-3001.  Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  Relief is therefore denied.

The applicant’s discharge characterization accurately reflects his service to his country.  The discharge was proper and equitable.  Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question.  No such error or injustice occurred during the applicant’s enlistment.  Additionally, 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 the service.  However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that 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.  Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs, are examples of verifiable documents that should have been provided to receive consideration for relief, based on post-service conduct.  The applicant did not provide sufficient documentation to warrant an upgrade to his discharge.  He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge.  The applicant can provide additional documentation to support any claims of post-service accomplishments at that time.  Legal representation at a personal appearance hearing is highly recommended but not required.  Relief denied.

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6213 of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95. 

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 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

E.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

F.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

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 “afls10.jag.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:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023