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

ex-PVT, USMCR
Docket No. MD04-00133

Applicant’s Request

The application for discharge review was received on 20031023.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record review.  The Applicant did not list a representative on his DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040628.  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/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:

Issue 1: “When I joined the Marine Corps Reserve I was nineteen years old and life was not the average teenage life.  I was married at the age of seventeen and asked to leave my house because my mother didn’t want my wife in her house.  After graduating high school and expecting a child, I tried to go to college and give it my all but that didn’t work out to good.  So, I joined the Marine Corps Reserves in hope that I could learn to juggel these pressures and get some financial aid for college.  Four days after I went to see the recruiter I left for Paris Island, and learned about Family, God, Corps, Country and always being Faithful to your fellow brother.  Around 1992 my grandfather started to get sick and he was my dad; so I had to help my grandmother with him.  Things got bad between me and my wife and we got separated.  As time went on things got worst with my Grand Father’s cancer and being a partime dad who didn’t have an apartment, and school was going south fast.  My Captain at the time was Capt. M_ and he advised me that I should go get my life in order, because I had miss some drills and then come back to the Reserves.  He informed me that I would get an Honorable Discharge because of hardship and would be allowed back in when ever I wanted.  Well I took his advise and began to get my life in order and in 1995 I became a Police officer with the New York City Police Department.  In three years as an officer I was recruited to the organized Crime Control Bureau and was promoted to Detective with Four years as an officer.  I got back with my wife and we moved into a house with the kids and I felt it was time to go back to the Marine Corps Reserves and Finish what I started.  I tried to meet with a Prior Services Recruiter but it didn’t work out, when a Co-worker told me about Navy Reserves, and I joined.  Unaware off my discharge because I had never received the paper work, until now when I had trying to put my paper work together for retirement purposes.  I also wanted to go back in the Marine Corps reserves when my Navy contract is finished.  I hope to help support with my Police Officer skills in anyway possible in Iraq.  Sincerely, H_ R_ (Applicant).”

Documentation

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

Copy of DD Form 214 (Completion of required active service (USMCR) IADT)
Copy of DD Form 214 (Completion of required active service (USMCR) IADT)
Administrative Discharge, Second Endorsement, dtd 14 Dec 1993
Unsatisfactory Participant declaration, undated
Administrative Reduction in Grade, undated
Notification of Separation Proceedings, dtd Jun 08 1993 (3 pages)
Request for Administrative Discharge, First Endorsement, dtd Jul 21 1993
Administrative Discharge, dtd Jan 24 1994
Discharge, dtd Jan 24 1994
Administrative Discharge, dtd Jan 24 1994 (2nd copy)
Enlistment contract (2 pages)
Record of time lost, promotion, reduction, promotion status on transfer, NAVMC 118(5)
Military and civilian occupational specialties, schools, tests, and correspondence courses,    
     NAVMC 118(8a)
Honorable Discharge from the Naval Reserves, 19 March 2004
Certificate or Reenlistment in the United States Naval Reserve, 20 March 2004
Combat History, Expeditions, awards record, NAVMC 118(9)
Administrative Remarks, NAVMC 118(11)
Chronological Record, NAVMV 118(3)
Naval Reserve enlistment contract (2pages)
Resume, undated
Certificate of Achievement frm New York City Police Department, 
     dtd November 22, 1999
Completion Certificate for Undergraduate Curriculum in Police Science, Social Science,    
     Law, Physical Education and Firearms frm New York City Police Department, dtd   
     March 1996
Administrative Remarks, NAVPERS 1070/613 (5 pages)

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		900611 - 900901	HON
	Inactive: USMCR (J)		900606 - 940106	COG

Period of Service Under Review:

Date of Enlistment:  900606		Date of Discharge:  940106

Length of Service (years, months, days):

	Active:    00  02  21 (Completion of required active service (USMCR) IADT)
	Inactive:  03  04  09

Age at Entry:  19			Years Contracted:  6 

Education Level:  12			AFQT:  37

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.5 (6)		Conduct:  4.4 (6)

Military Decorations:  CertAch

Unit/Campaign/Service Awards:  NDSM, MUC 

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:

900611:	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.

930610:	Commanding officer notified the Applicant of unsatisfactory drill participation via certified letter.

930610:	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)]

930610:	Applicant advised of his rights and having elected not to consult consulted with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

930823:	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 Applicant’s “failure to show up for any of his regularly scheduled drills.” 

930915:	Commanding officer notified the Applicant of unsatisfactory drill participation via certified letter.

931214:	SJA review determined the case sufficient in law and fact.

931214:	GCMCA [Commanding General, Marine Reserve Force] 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 19940106 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 that the Applicant’s age, education level, and test scores qualified him for enlistment.  While he may feel that his immaturity, youth and family situation were factors contributing to his actions, the record clearly reflects his disregard for the requirements of military discipline and demonstrated that he was unfit for further service.  The record is devoid of any evidence the Applicant was not responsible for his conduct or that he should not be held accountable for his actions.  The Applicant signed a contract on 900606, while enlisting into the USMCR, that acknowledged his understanding 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.  The Applicant failed to live up to his contract by regularly missing scheduled drill periods and being declared an unsatisfactory participant.  Relief denied.

The NDRB has no authority to grant upgrades to less than honorable discharges or make recommendations to permit reenlistment, reentry, or reinstatement into the Marine Corps 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.  Relief cannot be granted under these circumstances by this Board.

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 inequity must have existed during the period of enlistment in question.  No such error or inequity is evident 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 P1900.16D, 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