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

ex-PFC, USMC
Docket No. MD01-00834

Applicant’s Request

The application for discharge review, received 010605, requested that the characterization of service on the discharge be changed to general/under honorable conditions.  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 011218.  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, authority: MARCORSEPMAN Par. 6210.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  To whom it may concern,
My name is (applicant), known as (applicant) in the Marine Corps.  I would like to take the time to explain the nature of my discharge, in hopes you will consider upgrading it.
The time I arrived at my duty station, Camp Lejuene, was July 20, 1999.  I was married and was having problems with my husband.  I went to my new command for their assistance, but they offered none.  The suggestions made were based on the one side they saw of my ex-husband.  I tried to explain how he really was and that he would never agree to counseling.  He accused me of cheating on him and even threatened my life.  My command did not believe me, so I went UA.  After I returned, things were still the same.  They still did not believe me. I filed for divorced, but got no cooperation from my command.  I received a NJP and 14 days restriction. Another incident was when I wrote some checks on base and they went bad.  I went to financial counseling and paid them back.  I received a page 11 and loss of check writing ability on base. My final incident of misconduct was adultery.  I had met a man while separated from my ex-husband.  Even though I was not divorced, we still saw each other.  In our stupidity, I got pregnant by him.  My command was notified by me and told we planned to marry as soon as my divorce was final.  Although my ex-husband did not want the divorce, my command allowed me the time to fight for it.  They held out as long as they could on punishing me due to me being pregnant.  In Sept. of 2000, I received my papers legalizing my divorce.  But I was unable to get married because my fiancée had been put in the brig for adultery, forgery, and larceny.  Therefore, due to lack of time and cooperation, I was unable to correct my mistake. I come to the board asking assistance because I am sorry for the wrongs I committed.  Now I am trying to rejoin the service and finish the tour that I wanted to finish when I first join.  I hope that the board will take my request into consideration.

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:   None
	Inactive: USMCR(J)		971212 - 981226	COG

Period of Service Under Review:

Date of Enlistment:  981227		Date of Discharge:  000929

Length of Service (years, months, days):

	Active:    01  09  03
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  68

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.5 (4)			Conduct:  4.4 (4)

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  20

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  MARCORSEPMAN Par. 6210.3.

Chronological Listing of Significant Service Events:

991008:	NJP for violation of UCMJ, Article 86:
Specification: Unauthorized absence from 0730, 10Oct99 to 1800, 30Oct99 (20 days/surrendered).
Awarded forfeiture of $260.00 per month for 1 month, restriction and extra duties for 14 days.  Forfeiture suspended for 3 months.  Not appealed.

000607:	Counseled for deficiencies in performance and conduct.  [During the past several months you have repeatedly compromised the good order and discipline within this organization by writing checks with insufficient funds, incurring debt that is not commensurate to your earnings, living with and having relations with a man not your husband, and placing yourself in an unauthorized absence status].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000831:	NJP for violation of UCMJ, Article 134 (2 specs):
Specification 1: Wrongfully had sexual intercourse with a man not your husband.
Specification 2: Wrongfully cohabitate with a man not your husband from 000301 through present.
Awarded reduction to PFC.  Not appealed.

000905:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

000905:	Applicant advised of his rights and having consulted 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.  Modified 000922.

000922:	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 based on the NJP of 8 October 1999, and 31 August 2000.  

000922:	SJA review determined the case sufficient in law and fact.

000922:	GCMCA [Commander, 2d Force Service Support Group] directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 000929 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).

Issue 1.  The Board found no evidence that the applicant’s command treated her unfairly. The Board found that the applicant’s age, education level, and test scores qualified her for enlistment.  While she may feel that her personal problems were factors that contributed to her actions, the record clearly reflects her willful disregard for the requirements of military discipline and demonstrated that she was unfit for further service. Under other than honorable conditions is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record.  The applicant’s service was marred by award of nonjudicial punishment (NJP) for offenses triable by court-martial on two occasions and an adverse counseling entry on another occasion.  The record is devoid of evidence that the applicant was not responsible for her conduct or that she should not be held accountable for her actions.  The separation proceedings were reviewed and found sufficient in law and fact on 000922.  Relief denied.

The applicant is reminded that she remains eligible for a personal appearance hearing provided that an application is received within 15 years from the date of discharge.  Representation at a personal hearing is not mandatory, but is strongly recommended.  This representation need not be a lawyer, but may be any person of stature and good standing in the community including the various veterans’ organizations.

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6210, MISCONDUCT, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95 until Present. 

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 86, unauthorized absence; Article 134, wrongful cohabitation.

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 “afls10.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