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

 ex-Pvt, USMCR
Docket No. MD02-00413

Applicant’s Request

The application for discharge review, received 020214, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 021022.  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, as submitted

1.  I missed drill on 10/6 and from that time forward due to my mother's battle with cancer, her extreme depression and other directly related issues. On 10/5 my mother went to the doctor regarding a lump in her leg and surgery was set for 10/12.  With the suspicion of cancer and the fact that she just lost her job, she became very depressed.  She just about ran her car into a tree on the evening of 10/5.  I could not leave her alone.  It has just been she and I for the past 18 years living in our home. Since 10/15 she has depended heavily on me not only for emotional support, but also for her home health care, which I had to personally provide following her surgeries.  I had to drop out of college and get a full time job.  I became responsible for all aspects of taken care of my mother and our home from cooking, cleaning to paying the bills.  In addition our home was broken into and we were robbed during November.  Also the person we rented the upstairs apartment to in our house turned out to be an alcoholic and I had to go through an eviction with them in November, handle the repairs to the apartment and get it rented again. I was unable to cope effectively with all the pressures that were being placed on me and that resulted in some poor behavior especially toward that of my military commitment and communication.  I had an extremely difficult time coming to terms with the fact my mother was going to die, and that manifested it's self in many ways that I do so greatly regret.  I request that my discharge be upgraded from that of less than honorable to that of a general discharge.  Respectfully,

Documentation

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

Statement from Applicant's mother dated January 8, 2001
Copy of mother's patient financial history from June 1994 until February 2001
Copy of mother's pathology reports dated October 28, 2000
Letter from Emory University dated October 25, 2000
Six pages from American Cancer Society web page
Copy of DD Form 214 (not a final discharge)

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:  981106		Date of Discharge:  010814

Length of Service (years, months, days):

	Active:    00  06  05
	Inactive:  02  03  04

Age at Entry:  20			Years Contracted:  8

Education Level:  13			AFQT:  61

Highest Rank:  PFC

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  3.7 (8)			Conduct:  3.7 (8)

Military Decorations:  None

Unit/Campaign/Service Awards:  AFRM, SMCRM

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:

981222:	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.

000206:	Counseled for deficiencies in performance and conduct.  [Unsatisfactory participation in the Selected Marine Corps Reserve, specifically, unexcused absence from IDT on 000205 and 000206.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  Applicant not available for signature.

000312:	Counseled for deficiencies in performance and conduct.  [Unsatisfactory participation in the Selected Marine Corps Reserve, specifically, unexcused absence from IDT on 000310 thru 000312.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  Applicant not available for signature.

001008:	Counseled for deficiencies in performance and conduct.  [Unsatisfactory participation in the Selected Marine Corps Reserve, specifically, unexcused absence from IDT on 001006 and 001008.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  Applicant not available for signature.

001104:	Counseled for deficiencies in performance and conduct.  [Unsatisfactory participation in the Selected Marine Corps Reserve, specifically, unexcused absence from IDT on 001103 and 001104.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  Applicant not available for signature.

001109:	Commanding Officer notified the Applicant of unsatisfactory drill participation via certified letter.

001203:	Counseled for deficiencies in performance and conduct.  [Unsatisfactory participation in the Selected Marine Corps Reserve, specifically, unexcused absence from IDT on 001202 and 001203.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  Applicant not available for signature.

001211:	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.  Applicant receipted for letter by return signature but failed to acknowledge the contents.  [The failure to acknowledge official certified mail constitutes acknowledgement and waiver of all rights (MARCORSEPMAN par. 6303).]

010107:	Counseled for deficiencies in performance and conduct.  [Unsatisfactory participation in the Selected Marine Corps Reserve, specifically, unexcused absence from IDT on 010105 thru 010107.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  Applicant not available for signature.

010202:	Inspector-Instructor/Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to unsatisfactory participation in the Ready Reserve.  The factual basis for this recommendation was the accumulation of 12 unexcused absences within the preceding four months for failing to attend regular scheduled drills and failure to perform equivalent instruction of duty.

010622:	Applicant failed to return the acknowledgment of rights within the time limit indicated on the notification letter.

010814:	SJA review determined the case sufficient in law and fact.

010814:	GCMCA [Commander, Marine Forces Reserve] directed the Applicant's discharge under conditions other than honorable by reason of misconduct due to unsatisfactory participation in the Ready Reserve.  

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 010814 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 Board found no indication that the Applicant communicated with his chain of command in order to be excused from or to make up his drills for the period during and after October 2000 due to his mother’s illness. While he may feel that his mother’s illness was a factor that contributed to and should mitigate his misconduct, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service.  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.  Relief 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.  Relief not warranted.

The Applicant 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.  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 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