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

 ex-Pvt, USMC
Docket No. MD00-00594

Applicant’s Request

The application for discharge review, received 000411, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions.  The applicant requested a documentary record discharge review.  The applicant listed CIVILIAN COUNSEL as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 001102.  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 (verbatim)

1.  The petitioner believes that his service of 3 years, 5 months, and 5 days should reflect the character of a discharge from the Armed Forces.

2.  In addition, the petitioner has led an exemplary life since his discharge.  In support of this petition, additional documentation will be forwarded.

Documentation

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

Character Reference Letters (7)
Letter from Applicant's Attorney

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None
	Inactive: USMCR(J)		870803 - 880727	COG

Period of Service Under Review:

Date of Enlistment:  880728		Date of Discharge:  911231

Length of Service (years, months, days):

	Active:  03  05  04
	Inactive:  None

Age at Entry:  18			Years Contracted:  6

Education Level:  12			AFQT:  85

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.28 (8)		Conduct:  3.9 (8)

Military Decorations:  None

Unit/Campaign/Service Awards:  MUC, NDSM, GCM 

Days of Unauthorized Absence:  3 

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:

891121:	Counseled for deficiencies in performance and conduct.  [Financial irresponsibility, writing checks without sufficient funds to pay them.  SNM advised to complete the MCI Personal Finance course].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

900731:	Counseled for deficiencies in performance and conduct.  [An undiscerning attitude towards personal appearance, selective obedience to orders or regulations and fiduciary obligations] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

901119:	Applicant terminated from government quarters for maintaining a canine pet in direct violation of 2 warnings, maintaining unsanitary conditions in quarters, and unsecured weapons and ammunition scattered around quarters.

910114:	Summary Court-Martial:
Charge I: violation of UCMJ, Article 90: Willfully disobeyed a lawful command on or about 901128 from BGen J. E. L____ to immediately remove his dog from the Combat Center and to stop maintaining canine pets while living in government quarters aboard the Combat Center.
Charge II: violation of the UCMJ, Article 92: On or about 901128, having knowledge of a lawful order issued by the CG, MCAGCC to stop maintaining canine pets while living in government quarters, failed to obey the same by maintaining canine pets in government quarter.
Findings: to Charge specification and I hereunder, dismissed; to Charge II and specification hereunder, guilty.
Sentence: Forfeiture of $557.00 per month for 1 month, reduction to E-2.
CA (910122) Approved and ordered executed.

910419:	UA from 0500, 910419 to 1400, 910423 (3days).

910501:	Applicant tried at the San Bernardino County Municipal Court for transportation of a controlled substance on 910419.  Dismissed with prejudice for USMC to prosecute.

910822:	NJP for violation of UCMJ, Article 134: Did to MWR a certain check, in words and figures, to wit: $100.00, funds for payment of such a check in full upon its presentment for payment.
	Award:  Reduction to E-1.  No indication of appeal in the record.

911114:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

911114:  	Applicant advised of his rights and having elected not to consult 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.

911114:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.  The factual basis for this recommendation was your discreditable involvements with civil and military authorities.  

911211:	SJA review determined the case sufficient in law and fact.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 911231 under other than honorable conditions for misconduct due to a pattern of misconduct (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 issue 1, the Board found that the applicant’s service in the Marine Corps was accurately reflected in his characterization of other than honorable.  The applicant received several counseling’s regarding his behavior, had a Summary Court martial and CO’s NJP.  The applicant was also charged in the civilian community with transportation of drugs.  The applicant had conduct marks of 3.9, which the Board considered below average.  The Board voted unanimously that the applicant’s service is accurately characterized as having been served under other than honorable conditions.  No relief granted.

In response to the applicant’s issue 2, there is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service.  However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D).  Those factors include, but are not limited to, the following:  evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct.  At this time, the applicant has not provided ample documentation of good character and conduct.  Therefore no relief will be granted.  The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge.

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 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