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

 ex-Sgt, USMC
Docket No. MD99-01115

Applicant’s Request

The application for discharge review, received 990817, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a personal appearance hearing before the Board in the Washington National Capital Region..  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 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 OTHER THAN HONORABLE CONDITIONS/Misconduct – Minor disciplinary infractions (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.2.

The NDRB did note an administrative error on the original DD Form 214.  Block 18, Remarks should read:  “CONTINUOUS HONORABLE ACTIVE SERVICE FROM 850705 UNTIL 920429”.  The original DD Form 214 should be corrected or reissued as appropriate. 

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  At the time of my discharge I re-enlisted for the second time with the promise of recruiting duty.  One month later after I re-enlisted I was told I did not qualify for recruiting duty.  I could not get a transfer from my unit where I have been for six years.  I served in combat.   Panama 89-90 and in the Gulf War with no discipline problems.  I wanted to stay in the Marine Corps but I needed to spend time with my two children and my, then wife. As a sergeant, I thought it would be a great idea for recruiting duty.  Before my discharge, they were going to send me to Haiti for deployment further away from my children.

2. My family and relatives all reside in Northern NJ I live in Northern VA so I can be closed to my children age 9 & 11 who live about 25 minutes away.  I have been paying child support on time for the past four years.

3.  I work nights and attend college during the day and am enrolled in a graphic arts program - home study for a diploma at ICS. I also am a part time fugitive enforcement agent.

4. I plan on getting married soon and buying a house with the help of a veteran's loan if I can get an Honorable Discharge.

Documentation

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

Copy of I.D. for fugitive enforcement
Copy of valid drivers license
Copy of student application update
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		850705 - 880705	HON
		  USMC		880706 - 920429	HON	
	Inactive: USMCR(J)		841020 - 850704	COG

Period of Service Under Review:

Date of Enlistment:  920430		Date of Discharge:  940120

Length of Service (years, months, days):

	Active:    01  08  20
	Inactive:  None

Age at Entry:  24			Years Contracted:  4

Education Level:  12			AFQT:  41

Highest Rank:  Sgt

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  2.1 (1)		Conduct:  2.1 (1)

Military Decorations:  None

Unit/Campaign/Service Awards:  Letter of Appreciation, Certificate of Appreciation, MUC, MM, GCM (2), CAR, SSDR with 1 Star, NDSM, AFEM, NUC with 1 Star, SASM, with 2 Stars

Days of Unauthorized Absence:  None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct-Minor disciplinary infractions (administrative discharge board required but waived), authority:  MARCORSEPMAN Par. 6210.2.

Chronological Listing of Significant Service Events:

930121:	NJP for violation of UCMJ, Article 92:
Specification: Derelict in his duties on 1200, 19Jan93.
Awarded forfeiture of $250.00 per month for 1 month, restriction for 7 days.  Forfeiture suspended for 6 months.  Not appealed.

930304:	Counseled for deficiencies in performance and conduct.  [Poor accountability of subordinates and repeated unauthorized absence that have resulted in nonjudicial punishment and generally deficient performance.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

930318:	Vacate forfeiture awarded at CO's NJP of 21Jan93.

930406:	NJP for violation of UCMJ, Article 86:
Specification: Unauthorized absence 0700, 29Mar93 to 0650, 30Mar93.
Awarded  restriction for 30 days, reduction to Cpl.  Reduction suspended for 6 months.  Not appealed.

930604:	Counseled for deficiencies in performance and conduct.  [Failure to maintain financial stability (ie. bouncing checks, failure to meet alloted monthly bills) thus bringing discredit to yourself which resulted in financial irresponsibility regarding your credit accounts] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

930614:	Counseled for deficiencies in performance and conduct.  [Failure to adhere to accepted standards ie: No uniforms in wall locker for the battalion commanders Pre-CG inspection on 9 June 1983, and poor leadership and judgement.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

930622:	Summary Court-Martial.
	Charge I: violation of the UCMJ, Article 86.
	Specification: Unauthorized absence from 1200-1525, 1Jun93.
Charge II: violation of the UCMJ, Article 134:
Specfication: Issue (2) checks to Fort Benning Main Exchange while haveing insufficient funds to cover the checks. 
	Finding:  to Charge I and II the specification thereunder, guilty.
	Sentence:  Forfeiture of $400.00, reduced to LCpl.  Forfeiture suspended for 6 months.
	CA action 930624:  Sentence approved and ordered executed.

930719:	NJP for violation of UCMJ, Article 86:
Specification: Unauthorized absence from 1200, 6Jul93 to 0700, 7Jul93.
Awarded forfeiture of $243.00 per month for 1 month, restriction for 14 days.  Not appealed.

931020:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.

931020:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

931020:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.  The factual basis for this recommendation was a summary court-martial conviction of 22 June 1993 and his three nonjudicial punishments which occurred on 21 January 1993, 6 April 1993 and 21 July 1993. 

940104:	SJA review determined the case sufficient in law and fact.

940108:	GCMCA [Commanding General, 2d Marine Division, MarForLant, Camp Lejeune, NC] directed the applicant's discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 940120 under other than honorable conditions for misconduct due to minor disciplinary infractions (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).

Responding to the applicant’s issues, the Board found nothing in the records, nor did the applicant provide anything to indicate or to show that there exists an error of fact, law, procedure, or discretion, associated with his discharge at the time of issuance, and that his rights were prejudiced thereby.  Furthermore, the Board stated that the applicant should be held responsible for his actions.  Relief is therefore 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.  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 provided no documentation concerning his post-service conduct.  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.

The Board notes that no relief will be granted for the express purpose of an applicant receiving a home loan.
 
Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6210, Misconduct, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16D), effective 27 Jun 89 until 17 Aug 95. 

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 St SE Rm 309
		Washington, D.C.  20374-5023