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Docket No. MD00-00264

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

 ex-LCpl, USMC
Docket No. MD00-00264

Applicant’s Request

The application for discharge review, received 991215, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000817.  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 – Pattern of misconduct (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  My discharge was unjust for the reason that a very productive second enlistment was terminated for one infraction involving the possession of a firearm registered in the state but not registered on base.  I received company level NJP for this.  As the record shows my first enlistment was not the most impressive one.  I received four NJP's during this time but there was a transformation of maturation as I entered my second enlistment.  I was repromoted to the rank of Corporal nine months later I was meritoriously promoted to the rank of Sergeant and consequently accepted for Drill Instructor duty approximately three months later I was a totally different marine from what could be depicted from my conduct from my first enlistment.  This conduct was largely due to the fact that my father had passed in November of 1986, fourteen months after I joined the Marines in September of 1985.  I had a very difficult time coping with his death and rebounding from his death, but I did, I was only 19 years of age at my fathers passing.  My attitude was indifferent and I didn't care much about anything, that I why I stayed in trouble.  In short I was discharged from the Marines because of things that transpired early on in my career.

Documentation

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

Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		850917 - 890604	HON
	Inactive: USMCR(J)		850126 - 850916	COG

Period of Service Under Review:

Date of Enlistment:  890605		Date of Discharge:  940512

Length of Service (years, months, days):

	Active:  04  11  08
	Inactive:  None

Age at Entry:  21			Years Contracted:  4 (23 months extension)

Education Level:  12			AFQT:  71

Highest Rank:  Cpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.40 (2)		Conduct:  4.1(2)

Military Decorations:  None

Unit/Campaign/Service Awards:  NUC, MUC, GCMw1*(3^RD), NDSM, HSM, SSDR, OSR

Days of Unauthorized Absence:  None 

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT – Pattern of misconduct (administrative discharge board required but waived), authority:  MARCORSEPMAN Par. 6210.3.

Chronological Listing of Significant Service Events:

891128:	Counseled for deficiencies in performance and conduct.  [Frequent involvement with military authorities, unauthorized absences, and conduct unbecoming of a Marine NCO] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

891212:	NJP for violation of UCMJ, Article 86: Failed to go at the time prescribed to Repair Division formation at 0845 on 891109, violation of UCMJ Article 92: Violate BO 1101.5A by having an unauthorized female guest in his BEQ room on or about 1820, 891203.
	Award:  Forfeiture of $250.00 per month for 2 months(suspended for 6 months), restriction for 30 days (suspended for 6 months), extra duty for 30 days , reduction to E-3.  Not appealed.

900109:	NJP for violation of UCMJ, Article 92 (2 Specs): Specification 1; Failed to go to EPD on or about 1730, 891218.  Specification 2; Failed to go to EPD on or about 1730, 891219.
	Award:  Forfeiture of $150.00 per month for 1 month (suspended for 3 months), restriction for 7 days (suspended for 3 months),  extra duty for 7 days.  Not appealed.

900425:	Counseled for deficiencies in performance and conduct.  (Lack of judgement and theft of services, SNM was advised that his tampering with the BEQ cable system was and is considered not only a lack of judgement, but a black mark on his character as a Marine) Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

900731:	Counseled for deficiencies in performance and conduct.  (Lack of judgement and irresponsibility, SNM was advised that possession of alcohol in the barracks is a clear violation of orders and punishable under the UCMJ.  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

910110:	Counseled for deficiencies in performance and conduct.  [My conviction in civil court on charges of speeding, fleeing and attempting to elude an officer and driving with a suspended license.  My trial date was 901219 and I was sentenced to 12 months probation and 10 days in jail by Crisp County Superior County, Cordele, GA.  During this time I was in an unauthorized absence status.  ] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

910326:	Counseled for deficiencies in performance and conduct.  [My involvement in an assault at the NCO Club at Robin', AFB, GA on 24 Feb 91 as reported by the security police at Robin's AFB.  This is a violation of Georgia code 16-11-32, fighting in public] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued
940201:	NJP for violation of UCMJ, Article 92: Violate DepO 5500.10B by having a loaded 9mm pistol in his vehicle on or about 0130, 940127.
	Award:  Forfeiture of $340.00 per month for 1 month, restriction and extra duty for 14 days.  Not appealed.

940314:	Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to a Pattern of misconduct and misconduct due to a Civilian conviction.

940315:  	Applicant advised of his rights and having consulted with counsel certified under UCMJ, Article 27B, elected to appear before an Administrative Discharge Board.

940316:	Applicant's request for conditional waiver of Administrative Discharge Board.

940317:	Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct due to a Pattern of misconduct and misconduct due to a Civilian conviction.  The factual basis for this recommendation was seven adverse counselings, five nonjudicial punishments, and his civilian conviction. 

940330:	SJA review determined the case sufficient in law and fact [EXTRACTED FROM COMMANDING GENERAL letter dated 30MAR94].

940506:	GCMCA, Commanding General, Marine Corps Recruit Depot/Eastern Recruiting Region, Parris Island denied the applicant’s request for a conditional waiver and directed the applicant's discharge under Other Than Honorable conditions by reason of misconduct due to a Pattern of misconduct and misconduct due to a Civilian conviction.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 940512 under Other Than Honorable conditions for misconduct due to a Pattern of misconduct (A and B).  The Board presumed regularity in the conduct of governmental affairs (C).  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).

In the applicant’s issue 1, the Board determined this issue is without merit.  The applicant claims his very productive second enlistment was terminated for one infraction involving the possession of a firearm registered in the state but not registered on base.  The applicant was discharged for Pattern of misconduct.  He had 3 NJPs in his second enlistment, plus 5 documented counseling sessions.  His misconduct included violation of UCMJ, Article 86, Article 92 (first NJP), Article 92 (2 Specs – second NJP), Article 92 (by having a loaded 9mm pistol in his vehicle - third NJP).  Specific counseling sessions were for frequent involvement with military authorities, UA, conduct unbecoming, civil conviction for speeding, fleeing and attempting to elude an officer and driving with a suspended license.  The discharge was proper and equitable.  Relief denied.

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.  The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article [ e.g., Article 86, unauthorized absence for more than 30 days].

C.  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.  

D.  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.

E.  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

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:  A6750/A9223/A9211/A9219/