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

FOR OFFICIAL USE ONLY

ex-LCpl, USMCR
Docket No. MD06-00861

Applicant’s Request

The application for discharge review was received on 20060608.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions).  The Applicant requests 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 20070329.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain Under Other Than Honorable Conditions by reason of unsatisfactory participation in the Ready Reserve.

PART I - ISSUES AND DOCUMENTATION

Decisional Issues

Equity – Quality of service

Documentation

In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:

Twelve pages from Applicant’s service record
Applicant’s DD Form 214 from IADT (Service 2) (2)

PART II - SUMMARY OF SERVICE

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

	Inactive:  None
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19920110		Date of Discharge:  19970213

Length of Service (years, months, days):

Active:    00  06  11
	Inactive:  04  06  23

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  20

Years Contracted:  8

Education Level:  14				AFQT:  74

Highest Rank:  Cpl				MOS:  7242

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.4 (10)				Conduct:  4.4 (10)

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214):  Rifle Sharpshooter Badge, National Defense Service Medal

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:

920212:	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.

920212:	Applicant reported for initial tour of active duty for training.

920822:	Applicant released from initial tour of active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.

951208:	Counseling:  Advised of deficiencies in performance and conduct (Unsatisfactory progress on weight control.  SNM’s current weight is 212 with a target weight of 203.), necessary corrective actions explained, sources of assistance provided.

960602:	Counseling:  Advised of deficiencies in performance and conduct (UA from May 1996 drill.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  [Entry not signed by Applicant.]

960714:	Counseling:  Advised of deficiencies in performance and conduct (Unexcused absences from regularly scheduled drills.  Specifically, my unexcused absences on 960601 and 960602.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  [Entry not signed by the Applicant.]

960803:	Applicant notified of intent for administrative reduction to Lance Corporal for failure to maintain a satisfactory participation status.  Unit records indicate that the Applicant failed to attend, without excuse, 20 drills over the time period of 960302 to 960714.

960907:	Applicant administratively reduced to Lance Corporal due to unsatisfactory participation and or performance of Reserve training, specifically, failure to attend scheduled drills while a member of the selected Marine Corps Reserve.

961005:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of unsatisfactory participation in the Ready Reserve was sent via certified mail, return receipt requested.  The factual basis for this recommendation was excessive unauthorized absences from regular scheduled drills as evidenced by your absence on:  951014, 961015, 960302, 960303, 960420, 960421, 960518, 960519, 960601, 960602, 960713, 960714, 960803, 960804, 960907, and 960908.  Applicant informed the least favorable character of service possible was as under other than honorable conditions.

961008:	Counseling:  Advised of deficiencies in performance and conduct (UA from Oct 1996 drill weekend.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  [Entry not signed by Applicant.]

961011:	Commanding Officer, MTACS-48 notified the Applicant of unsatisfactory drill participation via certified letter.

961027:	Certified mail containing Letter of Notification of Separation Proceedings and Acknowledgement of Rights to be Exercised or Waived in Connection with Separation Proceedings was returned to CO, MACG-48 as undeliverable.  The failure to acknowledge official certified mail constitutes acknowledgment and waiver of all rights.

961121:	Counseling:  Advised of deficiencies in performance and conduct (UA from drill on 961109 and 961110.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  [Entry not signed by Applicant.]

970106:	Commanding Officer, Marine Air Control Group 48, recommended Applicant’s discharge under other than honorable conditions by reason of unsatisfactory participation in the Ready Reserve.

970114:	Counseling:  Advised of deficiencies in performance and conduct (UA from Jan drill.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  [Entry not signed by Applicant.]

970213:	SJA review determined the case sufficient in law and fact.

970213:	GCMCA, Commander, Marine Force Reserve, directed the Applicant's discharge under other than honorable conditions by reason of failure to participate (Reserve not on active duty) (board waived).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19970213 by reason of unsatisfactory participation in the Ready Reserve (A, B, and C) with a service characterization of under other than honorable conditions.  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 (D and E).  

Equity – Quality of service: The Applicant contends that his discharge should be upgraded because his proficiency and conduct marks were 4.0 and he was recommended for meritorious promotion.

When the service of a member of the U.S. Marine Corps Reserve has been honest and faithful, it is appropriate to characterize that service as honorable.  An under other than honorable conditions discharge is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record.  The Applicant’s service was marred by 23 unexcused absences from drill periods during the time period of 19951014 to 19960908.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Marine Corps Reserve and falls far short of that required for an upgrade of his characterization of service.  Relief is not warranted.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.  The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this 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 1995 until 31 Aug 2001.

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 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

E.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction.  You should read Enclosure (5) of the Instruction 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 Instruction 1332.28 and other Decisional Documents by going online at “http://Boards.law.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:

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