Author: CAP
Last saved by: Department of the Navy
Company: NCPB

Docket No. MD99-01030

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

 ex-2^nd Lt., USMCR
Docket No. MD99-01030

Applicant’s Request

The application for discharge review, received 990722, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a personal appearance hearing discharge review.  The applicant did not list any representative on the DD Form 293.  In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000310.  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/Resignation (Unacceptable Conduct) authority: MARCORSEPMAN Par. 4106.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. My undesirable Discharge was inequitable because it was based on one isolated incident with no other adverse action.
Documentation

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

	Letter from applicant dtd 28 May 1999

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None
	Inactive: USMCR(C)		900507 - 930711	COG

Period of Service Under Review:

Date of Enlistment:  930712		Date of Discharge:  951120

Length of Service (years, months, days):

	Active:  02  04  09
	Inactive:  None

Age at Entry:  20 			Years Contracted: N/A

Education Level:  16			GT:  113

Highest Rank:  2^nd Lt.

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, Rifle Expert Badge, Piston Sharpshooter Badge 

Days of Unauthorized Absence:  None 

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

UNDER OTHER THAN HONORABLE CONDITIONS/Resignation (Unacceptable Conduct), authority: MARCORSEPMAN Par. 4106.

Chronological Listing of Significant Service Events:

950810:	NJP for violation of UCMJ, Article 92: Violation of a lawful general order by using the local area network to send personal messages. 
NJP for violation of UCMJ, Article 133: Conduct unbecoming an officer by engaging in an intimate and romantic relationship with a Marine lance corporal.
NJP for violation of UCMJ, Article 134: Commit adultery and fraternize with a Marine lance corporal.  
Awarded Letter of Reprimand. Not appealed.

950810:	Applicant renders resignation of commission in the USMC Reserve for the good of the service in lieu of processing for administrative separation for cause.  The resignation is based on the applicant’s NJP for violating a lawful order, adultery, unlawful fraternization and conduct unbecoming an officer.  

950817:	CG, 1^st FSSG, recommends to SECNAV that the resignation be approved with an under other than honorable conditions discharge.

951021:	Memorandum from CMC (Deputy Chief of Staff for Manpower and Reserve Affairs) to SECNAV, recommends that applicant’s resignation be accepted and his characterization of service be Other than honorable

931103:	SECNAV approves applicant’s resignation with an Other than Honorable characterization of service.	

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 951120 under other than honorable conditions due to Resignation (Unacceptable Conduct) (A).  The Board presumed regularity in the conduct of governmental affairs (B).  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 (C and D).

The applicant introduced no decisional issues for consideration by the Board.

The Board found that the applicant’s actions reflected an abuse of the special trust and confidence accorded officers of the Marine Corps.  His disregard of customary superior-subordinate relationships adversely affected the abilities of his organization to maintain discipline, good order, and morale. Relief denied.

The following is provided for the applicant’s edification.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (E).  The applicant must be aware that 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 the civilian life subsequent to leaving the service.  Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question.  Outstanding post-service conduct, 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, may be considered by the NDRB.  The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at personal appearance hearing is highly recommended.

Pertinent Regulation/Law (at time of discharge)

A. MARINE CORPS SEPARATION AND RETIREMENT MANUAL, par 4106, (MCO P1900.16D, EFFECTIVE 890627 UNTIL 950817).  

B.  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.  

C.  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.

D.  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 obtain a copy of DoD Directive 1332.28 by writing to:

		DA Military Review Boards Agency
		Management Information and Support Directorate
		Armed Forces Reading Room
		Washington, D.C.  20310-1809

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
		Washington Navy Yard
		720 Kennon Street SE Rm 309
		Washington, DC  20374-5023

The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX:  A8000/A9455/A9235/A9217/A9221