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

Docket No. MD99-1031

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

ex-LCpl, USMC
Docket No. MD99-01031

Applicant’s Request

The application for discharge review, received 990727, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested 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 000424.  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 HONORABLE CONDITIONS(GENERAL)/FULFILLMENT OF SERVICE OBLIGATION, authority: MARCORSEPMAN Par. 1005.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  I am requesting a discharge upgrade.  I understand the reason for my General Discharge was based on a 3-day AWOL in July 1983.  All I can say is that at the time I was young and immature and misled by a woman who had promised to get engaged and later marry.  The negative results of this were devastating to me, which led to the 3-day AWOL.  However, after the AWOL I performed my duties very well, passed all the tests that were given to me, volunteered for J.E.S.T. School, (Jungle Environmental Survival Training) and passed.  At the time, I was called to assist in translating the Philippino language to my superior officers and N.C.O which I did as a volunteer.

2.  I never failed physical training tests and exercises in the filed, or fifle qualifications.  Ultimately, my good work in training led to my being given the Good conduct Medal in 1985.  I was a good citizen after my military service and have been a Deputy Sheriff for 10 years and I am now looking forward to working with the State Correctional Facility of New York  or as a New York City policeman.  I am also hoping to re-enlist in the navy.  For these reasons, I would ask that my discharge be changed form General to Honorable.

Documentation

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

Copy of DD Form 214 (2 copies)
Applicant's individual Training Record (4 pages)
Applicant's General Discharge Certificate issued 25 Jan 88
Certificate of Completion of Training (J.E.S.T.) dtd 9 Nov 84

PART II - SUMMARY OF SERVICE

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

	Active:    
	Inactive:  USMCR(J)		811231 - 820121	COG

Period of Service Under Review:

Date of Enlistment:  820122		Date of Discharge:  880125

Length of Service (years, months, days):

	Active:    02  11  26 (Doesn't exclude lost time)
	Inactive:  03  01  08

Age at Entry:  20			Years Contracted:  3 with reserve obligation

Education Level:  12			AFQT:  50

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.2 (8)		Conduct:  3.9 (8)

Military Decorations:  None

Unit/Campaign/Service Awards: Rifle Marksman Badge, SSDR

Days of Unauthorized Absence:  4

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

UNDER HONORABLE CONDITIONS(GENERAL)/FULFILLMENT OF SERVICE OBLIGATION,  authority:  MARCORSEPMAN Par. 1005.

Chronological Listing of Significant Service Events:

820122:	Enlisted USMC for term of 3 years.

830728:	NJP for violation of UCMJ, Article 86: unauthorized absence (AWOL) from 1200, 830715 to 1445, 830719 (4 days)
Awarded forfeiture of $155.00 per month for 1 month (suspended for 3 mos), restriction and extra duties for 14 days (suspended for 3 months).  Not appealed.

830524:	Counseled for a need to improve his knowledge as Cannoneer which was shown to be lacking during CAX 5,6-83 from 28 Mar to 6 May83. Failure to show improvement in MOS proficiency will result in not being recommended for promotion to the next higher grade. 

830915:	Vacated the forfeiture of $155.00 per month for 1 months, 14 days restriction and 14 days extra duty imposed and suspended on 830728.

830921:	NJP for violation of UCMJ, Article 134: wrongful use of a habit forming drug by having a trace of THC in his urine.
	Award:  Forfeiture of $150 per month for 2 months (suspended for 2 months), restriction and 2 hours of extra duty per day for 30 days, reduction to E-2.  No indication of appeal in the record.

831003:	Counseled that use of and/or possession of drugs abroad may make him liable to prosecution and incarceration by host national authorities.

850115:	Applicant acknowledged assignment of RE-3B reenlistment code because of Inservice Drug Involvement.

850117:	Released from active duty and transferred to the Marine Corps Reserve with an Under Honorable Conditions (General) by reason of "Completion of Required Active Service (Return from Overseas with Less Than 90 Day to EAS)”, authority MARCORSEPMAN Par 1006.  Reserve Obligation Terminate Date: 88 JAN 25.

880125:	Applicant issued a "General Discharge" Certificate from the United States Marine Corps.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 880125 with an under honorable conditions (general) due to fulfillment of service obligation (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).

In the applicant’s issues, the NDRB is not authorized to review the applicant’s release from active duty DD214.  The applicant must submit his request for upgrade to the Board of Corrections for Naval Review (BCNR). 

The Board is only authorized to review final discharges.  The Board reviewed the applicant’s discharge, issued in 1988 by the Marine Corps Reserve Support Command (MCRSC).  The Board determined that the MCRSC discharged the applicant according to his service while on active duty.  The applicant received a general discharge for in-service drug use, not for being AWOL as the applicant alleges.  The applicant was discharged properly for the offense.  Furthermore, to warrant an honorable discharge, one’s average conduct marks must be 4.0 and above.  The applicant’s average was 3.9, thus not qualifying for an honorable discharge. Relief denied.

The applicant is reminded that he is eligible for a personal appearance hearing within 15 years from the date of his discharge.    

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 1005, DISCHARGE FOR EXPIRATION OF ENLISTMENT OR FULFILLMENT OF SERVICE OBLIGATION, Marine Corps Separation and Retirement Manual, (MCO P1900.16C, Change 1, effective 830406 until 890626).

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, D.C.  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:  A0300/A9229/A9301/A9303/A9221/A9241/A9439/A9231/A9217/A9201