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

 ex-Pvt, USMC
Docket No. MD02-00664

Applicant’s Request

The application for discharge review, received 020408, 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 030124.  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, (Applicant) would hereby like to apply for an appeal to the United States Navy/ Marine Corps Review Board.  At the time of previous enlistment, I was a young and immature African American female who had no aspirations and visions for my future.  I truly regret the former unacceptable actions that were performed by me, I am ready to serve my country to the best of my ability and put my past behind me.  I have had ample time to evaluate the situation.  I am ready to do whatever possible in my goodwill to serve and protect my country in whichever capacity possible. Due to the occurring events of September 11th 2001, this tragic event has provided me with a saddened attitude for those who lost their lives and their love ones.  I feel that it is in my best interest to return back to the armed forces in order serve.  I do understand the seriousness of this matter and I do hope that my appeal is thoroughly reviewed and overturned. I do hope that a second chance is granted to me to serve my country once again.  I do promise that the unacceptable behavior conducted previously will never take place again.

Respectfully,

Documentation

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

Applicant's DD Form 214
One page from Applicant's service record
Job reference dated March 21, 2002

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:  970630			Date of Discharge:  001113

Length of Service (years, months, days):

	Active:    00  06  00
	Inactive:  02  10  13

Age at Entry:  17 Parental Consent		Years Contracted:  8

Education Level:  12				AFQT:  53

Highest Rank:  PFC

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  NMF*				Conduct:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  None 

Days of Unauthorized Absence:  None

*No Marks Found in the service record.

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:

970630:	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.

980609:	Applicant reported for initial tour of active duty for training.

981209:	Applicant released from initial tour of active duty for training with an Honorable discharge by reason of completion of required active service.

990207:	Counseled for deficiencies in performance and conduct.  [Absence from February 1999 drill.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  Applicant not available for signature.

990411:	Counseled for deficiencies in performance and conduct.  [Absence from April 1999 drill.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  Applicant not available for signature.

990411:	Commanding Officer, Headquarters and Service Company, 3d Battalion, 23d Marines notified Applicant that she has been declared an unsatisfactory participant in the Selected Marine Corps Reserve for not attending drills.  The following deficiencies in performance and/or conduct are identified: UA 5 drills (990409-990411).

990502:	Counseled for deficiencies in performance and conduct.  [Absence from May 1999 drill.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  Applicant not available for signature.

990511:	Commanding Officer/Asst I-I, H&S Company 3d Battalion, 23d Marines notified Applicant that she has been declared an unsatisfactory participant in the Selected Marine Corps Reserve for not attending drills.  The following deficiencies in performance and/or conduct are identified: Unauthorized absence from May drill, 990501-990502 (4 drills).

990606:	Commanding Officer, Headquarters and Service Company, 3d Battalion, 23d Marines notified Applicant that she has been declared an unsatisfactory participant in the Selected Marine Corps Reserve for not attending drills.  The following deficiencies in performance and/or conduct are identified: Unauthorized absence from drill 990605-990606.

990606:	Counseled for deficiencies in performance and conduct.  [Absence from the June 1999 drill.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  Applicant not available for signature.

990715:	Applicant informed eligible but not recommended for promotion to LCpl for the months of August 1999 due to unsatisfactory drill attendance.  Applicant not available for signature.

990718:	Counseled for deficiencies in performance and conduct.  [Absence from the July 1999 drill.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  Applicant not available for signature.

990722:	Commanding Officer, Headquarters and Service Company, 3d Battalion, 23d Marines notified Applicant that she has been declared an unsatisfactory participant in the Selected Marine Corps Reserve for not attending drills.  The following deficiencies in performance and/or conduct are identified: Unauthorized absence from drill weekend, dates: 990716-990718 (5 drills).

990808:	Counseled for deficiencies in performance and conduct.  [Absence from the August 1999 drill.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  Applicant not available for signature.

990815:	Applicant informed eligible but not recommended for promotion to LCpl for the months of September 1999 due to unsatisfactory drill attendance.  Applicant not available for signature.

990912:	Counseled for deficiencies in performance and conduct.  [Absence from September 1999 drill.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  Applicant not available for signature.

990915:	Applicant informed eligible but not recommended for promotion to LCpl for the months of October 1999 due to Unsatisfactory Drill Attendance.  Applicant not available for signature.

990922:	Commanding Officer, Headquarters and Service Company, 3d Battalion, 23d Marines notified Applicant that she has been declared an unsatisfactory participant in the Selected Marine Corps Reserve for not attending drills.  The following deficiencies in performance and/or conduct are identified: Unauthorized absence from drill weekend, dates 990911-990912 (4 drills).

991003:	Counseled for deficiencies in performance and conduct.  [Absence from the October 1999 drill.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  Applicant not available for signature.

991015:	Applicant informed eligible but not recommended for promotion to LCpl for the month of November 1999 due to unsatisfactory drill attendance.  Applicant not available for signature.

991107:	Counseled for deficiencies in performance and conduct.  [Absence from the November 1999 drill.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  Applicant not available for signature.

991115:	Applicant informed eligible but not recommended for promotion to LCpl for the month of December 1999 due to unsatisfactory drill attendance.  Applicant not available for signature.

991118:	Commanding Officer, Headquarters and Service Company, 3d Battalion, 23d Marines notified Applicant that she has been declared an unsatisfactory participant in the Selected Marine Corps Reserve for not attending drills.  The following deficiencies in performance and/or conduct are identified: Unauthorized absence from drill weekend, date(s): 991105, 991106, 991107 (5 drills).

991205:	Counseled for deficiencies in performance and conduct.  [Absence from December 1999 drill.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  Applicant not available for signature.

991205:	Commanding Officer, Headquarters and Service Company, 3d Battalion, 23d Marines notified Applicant that she has been declared an unsatisfactory participant in the Selected Marine Corps Reserve for not attending drills.  The following deficiencies in performance and/or conduct are identified: Unauthorized absence from drill weekend, date(s): 991204-991205 (4 drills).

991215:	Applicant informed eligible but not recommended for promotion to LCpl for the months of January 2000 due to unsatisfactory drill attendance.  Applicant not available for signature.

000109:	Counseled for deficiencies in performance and conduct.  [Absence from the January 2000 drill.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  Applicant not available for signature.

000112:	Commanding Officer, Headquarters and Service Company, 3d Battalion, 23d Marines notified Applicant that she has been declared an unsatisfactory participant in the Selected Marine Corps Reserve for not attending drills.  The following deficiencies in performance and/or conduct are identified: Unauthorized absence from drill weekend, date(s) 000108-000109 (4 drills).  Applicant not available for signature.

000115:	Applicant informed eligible but not recommended for promotion to LCpl for the month of January 2000 due to unsatisfactory drill attendance.  Applicant not available for signature.

000202:	Applicant notified of reduction to Pvt as a result of unsatisfactory participation in the Selected Marine Corps Reserves.

000203:	Commanding Officer notified the Applicant of unsatisfactory drill participation via certified letter.

000205:	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).

000206:	Counseled for deficiencies in performance and conduct.  [Absence from the February 2000 drill.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  Applicant not available for signature. 

000215:	Applicant informed eligible but not recommended for promotion to PFC for the month of March 2000 due to unsatisfactory drill attendance.  Applicant not available for signature.

000309:	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 unexcused absence from the following drills:
	DATE	# of IDT Periods	Date	# of IDT Periods.
	000109	2	000108	2
	991205	2	991204	2
	991107	1	991106	2
	991105	1	991003	2
	991002	2	991001	1
	990912	2	990911	2
990808	2	990807	2
990806	1	990718	2
990717	2	990716	1
990606	2	990605	2
990502	2	990501	2
990411	2	990410	2
990409	1	990207	2
990206	2

000518:	Letter to from First Sergeant to Applicant concerning why Applicant stopped drilling.

000617:	Personal contact attempted at 1620, 000617, no one was home.

001113:	SJA review determined the case sufficient in law and fact. 

001113:	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 001113 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 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.  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.  The NDRB found the Applicant’s service record devoid of any mitigating or extenuating factors sufficient to offset the seriousness of the offenses for which the discharge was awarded.  Relief denied.

The Applicant’s discharge characterization accurately reflects her service to her country.  The discharge was proper and equitable.  Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question.  No such error or inequity 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 denied.

She is reminded that she remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of her 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 “afls14.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