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Docket No. MD06-00629

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

FOR OFFICIAL USE ONLY

ex-2^nd LT, USMC
Docket No. MD06-00629

Applicant’s Request

The application for discharge review was received on 20060403.  The Applicant requests that the Discharge Characterization of Service received at the time of discharge be changed to honorable and that the Narrative Reason for separation be changed to “Voluntary Separation.”  The Applicant requests 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 20070125.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  The Board’s vote was unanimous that the character of the discharge and the reason for discharge shall not change.  The discharge shall remain General (Under Honorable Conditions) by reason of unacceptable conduct.

PART I - ISSUES AND DOCUMENTATION

Decisional Issues

Propriety – Improper narrative reason for discharge

Documentation

In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:

Applicant’s DD Form 214 (Member 1 and 4)
Six pages from Applicant’s service record

PART II - SUMMARY OF SERVICE

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

	Inactive:	USMCR (DEP)	19960815 - 19961119	COG
	Active:	USMCR	19961120 - 19970520	HON 
		USMCR	19960521 - 20031004	
		USMC	20031005 - 20031211	HON

Period of Service Under Review:

Date of Commission:  20031212		Date of Discharge:  20041207

Length of Service (years, months, days):

	Active:    00  11  26
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Commission:  28

Type of Commission:  Reserve

Education Level:  16				Degree:  BS

Highest Grade:  Second Lieutenant

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  Selected Marine Corps Reserve Medal (2), Navy Meritorious Unit Commendation, Certificate of Commendation, Marksman Rifle Badge, Marksman Pistol Badge

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

GENERAL (UNDER HONORABLE CONDITIONS)/UNACCEPTABLE CONDUCT, authority:  SECNAVINST 1920.6B.

Chronological Listing of Significant Service Events:

031212:	Applicant accepted reserve appointment.

040719:	Applicant voluntarily tenders a qualified resignation of his commission in the United States Marine Corps in lieu of further processing for administrative separation for cause.  Applicant’s comments: “I have been informed and understand that if my resignation in lieu of processing for administrative separation for cause is accepted, I may subsequently receive a certificate of general discharge form the Marine Corps.  This resignation is based on my recent diagnosis of stress related mental difficulties by a mental health professional.”

040726:	NJP for violation of UCMJ, Article 86:  Unauthorized absence.
	Specification: Absent from his unit, to wit: Mike Company, The Basic School from 040609 to 040610.
	Award:  Letter of Reprimand.  Not appealed.

UNDATED:	Commanding Officer, The Basic School, notified Applicant of recommendation for administrative separation with a characterization of general (under honorable conditions).  The specific factual basis supporting this recommendation is substandard performance of duty and misconduct.  The reasons for the Applicant’s separation are misconduct, specifically, unauthorized absence and failure to demonstrate acceptable qualities of a leader.

040726:	Applicant advised of rights and having consulted with counsel, elected to tender a resignation.

040806:	Commanding Officer, The Basic School, Report of NJP and Request for Administrative Separation in the Case of Second Lieutenant D_ E. __ (Applicant).   Commanding Officer’s comments: “In anticipation of my recommendation for separation, Second Lieutenant I_(Applicant) submitted a previously prepared qualified resignation.  I believe his resignation is in the best interest of the Marine Corps and recommend it be accepted.  If his resignation is not accepted, I recommend he be involuntarily separated from the Marine Corps with a characterization of general (under honorable conditions).”

041023:	Commandant of the Marine Corps recommended Applicant’s resignation request be approved and that he be separated with a general (under honorable conditions) discharge and the separation code will be BNC1 (unacceptable conduct).

041117:	Assistant Secretary of the Navy (Manpower and Reserve Affairs) approved Applicant’s resignation request for a general (under honorable conditions) by reason of unacceptable conduct.

Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20041207 by reason of unacceptable conduct (A) and (B) with a service characterization of general (under honorable conditions).  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).  

The Applicant introduced no decisional issues for consideration by the Board.

The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and/or the reason for discharge if such change is warranted.  The Applicant voluntarily tendered a qualified resignation of his commission to the Secretary of the Navy, via the Commandant of the Marine Corps (CMC), in lieu of processing for administrative separation for cause.  At that time the Applicant acknowledged that he understood that he could receive a characterization of service of general (under honorable conditions).  CMC recommended that the Applicant’s resignation be approved and specified that the reason for discharge should be unacceptable conduct.  On 20041117, the Assistant Secretary of the Navy approved the CMC recommendation.  There is no evidence of impropriety or inequity in the Applicant’s discharge.  The Applicant’s misconduct is clearly documented.  Therefore, relief is denied.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.  The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this discharge.  Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

A.  Secretary of the Navy Instruction 1920.6B (ADMINISTRATIVE SEPARATION OF OFFICERS), effective 13 December 1999 until 14 December 2005 establishes policies, standards and procedures for the administrative separation of Navy and Marine Corps officers from the naval service in accordance with Title 10, United States Code and DoD Directive 1332.30 of 14 March 1997.

B.  Chapter 4, Paragraph 4104 of the Marine Corps Separation and Retirement Manual, (MCO P1900.16F) effective 01 September 2001 until Present, RETIREMENT OR RESIGNATION.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction.  You should read Enclosure (5) of the Instruction 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 Instruction 1332.28 and other Decisional Documents by going online at “http://Boards.law.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:

		Secretary of the Navy 	Council of Review Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023