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

  ex-PVT, USMCR
Docket No. MD03-01121

Applicant’s Request

The application for discharge review was received on 20030611.  The Applicant requests the characterization of service received at the time of discharge be changed to entry level separation or uncharacterized.  The Applicant requests a personal appearance discharge review hearing before the Board in the Washington National Capital Region.  The Applicant did not list a representative on his DD Form 293.  Subsequently, the Applicant obtained representation by the Veterans of Foreign Wars. 

Decision

A personal appearance discharge review hearing was conducted in Washington, D.C. on 20040413.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discovered 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/Failure to Participate (Reserve not on active duty) (administrative discharge board required but waived); authority:  MARCORSEPMAN 6213.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“1.  At issue is my inability to re-enlist, and be able to serve in a known capacity.  Having met with the local Air National Guard, they having interviewed me, and telling them the events which led to my discharge.  They are willing to have me, thus the need to rectify my status (re-enlistment code) to allow me to join.”

“2.  Also according to the Personnel Records Center, I have not had enough time in service to achieve a DD-214, so I ask that my OTH discharge be changed to an entry-level separation, in order to re-enlist.”

“3.  Post Conduct.”

Documentation

In addition to the service record, NO DISCHARGE PACKAGE WAS AVAILABLE, the following additional documentation, submitted by the Applicant, was considered:

Letter from National Personnel Records Center
Copy of USMC Discharge Record
Copy of USMC Chronological Record
Copy of Notification of Intention of Reduction to Next Lower Grade
Copy of Administrative Remarks
Copy of Reserve Basic Individual Record #1
Copy of Reserve Basic Individual Record #2 
        Letter of recommendation from M. C. S_ F_, WO USMCR
        Letter of recommendation from E_ S_
        Letter of recommendation from D_ E. L_
        Résumé
        Job description
        Police record check       

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None
	Inactive: USMCR(J)		None

Period of Service Under Review:

Date of Enlistment:  860122		Date of Discharge:  891116

Length of Service (years, months, days):

	Active:    00  02  21
	Inactive:  03  07  04

Age at Entry:  18			Years Contracted:  8 

Education Level:  12			AFQT:  77

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  3.7 (8)		Conduct:  3.6 (8)

Military Decorations:  None

Unit/Campaign/Service Awards:  COA 

Days of Unauthorized Absence:  None 

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/Failure to Participate (Reserve not on active duty) (administrative discharge board required but waived); authority:  MARCORSEPMAN 6213.

Chronological Listing of Significant Service Events:

860122:	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.

890611:	Counseled for deficiencies in performance and conduct.  [Unsatisfactory drill attendance.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

890622:	Administratively reduced to PFC due to unsatisfactory drill attendance.

890811:	Administratively reduced to Pvt.

890811:	Counseled for being recommended for an administrative discharge from the United States Marine Corps under other than honorable conditions for unsatisfactory participation due to missed Annual Training Duty.

900102:	Director, Marine Corps Reserve Support Center advised Commandant of the Marine Corps of Applicant’s administrative discharge on 891116 for non-participation in the reserve.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19891116 under other than honorable conditions for misconduct due to unsatisfactory participation in the Ready Reserve (A, B, and C).  In the absence of a discharge package, the Board presumed regularity in the conduct of governmental affairs (D) and, after a thorough review of the records, supporting documents, facts, and circumstances unique to this case, found that the discharge was proper and equitable (E and F).

Issue 1.  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.  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.  

Issue 2.  The Applicant does not meet the criteria for an uncharacterized separation since he served well beyond 180 days on his enlistment.  A characterization of service of under other than honorable conditions is warranted when the member's conduct constitutes a significant departure from that expected of a Marine.  The Applicant’s service was marred by his failure to participate in his reserve unit annual training duty.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service.  Relief denied.

Issue 3.  The Applicant’s discharge characterization accurately reflects his service to his country.  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.  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.  The Applicant’s evidence of post-service conduct was found not to mitigate the offense for which he was discharged.  Relief not warranted.

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6213 of the Marine Corps Separation and Retirement Manual, (MCO P1900.16D, effective 890627 until 950817) states that a Marine may be separated for unsatisfactory participation in the Ready Reserve under criteria established in MCO P10014.1.

B.  Marine Corps Reserve Administrative Management Manual, MCO P10014.1.

C.  Table 6-1, Guide for Characterization of Service, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16D, effective 890627 until 950817).

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