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

 ex-PFC, USMCR
Docket No. MD01-01025

Applicant’s Request

The application for discharge review, received 010803, requested that the characterization of service on the discharge be changed to honorable.  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 020215.  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.  My name is S_ B_ (Applicant); I was a member of the United States Marine Reserve in Alcoa, Tennessee.  I joined the Marine Reserves in May of 1993 after completing High School.  After completing basic training and MOS training, I met an influential young woman, whom I later married.  During this time she did not understand the obligation that I needed to fulfill and in turn persuaded me to do other things other than my tour of duties.  I regret that this has occurred and as much as I would like, a man cannot remove elements of the past, only learn form the experiences.  At this time I would like to approach you with the intent to improve my life by upgrading my discharge status from Administrative other than Honorable Discharge to that of Honorable Discharge.  Since my discharge from the United States Marine Reserve, I have been divorced and remarried to a wonderful woman and have accepted many responsibilities at work and in the community.  I have worked many hours as a reserve sheriff's deputy with the J_ County Sheriff's Department and currently work as a special deputy of the K_ County Sheriff's department at St. Mary's Health System.  My status in the community is well respected, that I have worked hard to achieve. Your consideration for what I am asking is appreciated.  Enclosed, you will find references and recommendations from friends, acquaintances, employers, and religious leaders of my community.  If you have any questions regarding this letter, please feel free to contact me at (xxx) xxx-xxxx.  Thank You, Signed (Applicant)

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Statement from Y-12 Federal Credit Union dated June 14, 2001
Copy of police record check dated June 14, 2001
Statement from First Tennessee Bank
Job verification dated June 11, 2001
Letter of recommendation dated June 11, 2001
Character reference dated June 13, 2001
Character reference dated June 11, 2001
Character reference dated June 11, 2001
Character reference dated June 16, 2001
Character reference dated June 15, 2001
Character reference dated June 13, 2001
Character reference dated June 12, 2001
Character reference dated June 12, 2001
Letter from Jefferson County Sheriff Department dated June 19, 2001

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:  930326		Date of Discharge:  970819

Length of Service (years, months, days):

	Active:    00  08  08
	Inactive:  03  08  15

Age at Entry:  19			Years Contracted:  8

Education Level:  12			AFQT:  31

Highest Rank:  PFC

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  NMF*			Conduct:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, Rifle Sharpshooter Badge

Days of Unauthorized Absence:  None

*No Marks Found

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:

930326:	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.

930921:	Commenced Initial Active Duty for Training (IADT).

940528:	Released IADT, having served 8 months, 8 days of active duty; received characterization of service as "honorable".

951007:	Counseled for deficiencies in performance and conduct [failure to obey a lawful order and lackadaisical attitude towards order given].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

960505:	Counseled for deficiencies in performance and conduct [failure to maintain satisfactory participation in the SMCR - unexcused for 5 drill periods from 960503 - 960505].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

960602:	Counseled for deficiencies in performance and conduct [failure to maintain satisfactory participation in the SMCR - unexcused for month of June a total of 4 drill periods].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

960723:	Applicant notified intended recommendation for discharge under other than other conditions for unsatisfactory participation in the SMCR as evidenced by failure to attend scheduled drills.  Drills missed on 960503, 960504, 960505, 960601, 960602. 

960723:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

960723:	Applicant made following statement:  "I S_ D_ (Applicant) have no desire to be in the USMCR do to back problems.  I feel if I returned to the unit I will be treated different from the other members and by the other members of the unit."

970520:	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 member's demonstration of no desire to fulfill his obligation to the Marine Corps and his unwillingness to conform to regulations provided under the UCMJ.  

970806:	SJA review determined the case sufficient in law and fact.  

970806:	GCMCA [Commander, MFR, New Orleans] directed the applicant's discharge under conditions other than honorable by reason of unsatisfactory participation in the Ready Reserve.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970819 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 record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions.  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