Search Decisions

Decision Text

USMC | DRB | 1999_Marine | MD99-00400
Original file (MD99-00400.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD99-00400

Applicant’s Request
The application for discharge review, received 990126, 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 991206. 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: BAD CONDUCT DISCHARGE/As a result of a courts-martial (SPCM) – Other, authority: MARCORSEPMAN Par. 1105.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. I R____ S_____ believe or think that my discharge should be upgraded to honorable or something other than a bad conduct discharge. I think I didn't do anything wrong to be kicked out like that. It has really held me down ever since. I spent 23 months in the U.S.M.C, and did a very good job, and made it very well. I thought that for people like me should be able to see something from their work and decent military service and record. Because of it, I have no benefits for what I would like to do, its like I'm no a veteran at all, and I should be. I would like to get on with my life somehow. If I had an honorable discharge I would do what ever I could to preserve it. My discharge may have been unjust.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copies of DD Form 214 (2)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                861118 - 870105  COG

 Period of Service Under Review :
Date of Enlistment: 870106               Date of Discharge: 900722

 Length of Service (years, months, days):

         Active: 03 04 01
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 40

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2 (7)                       Conduct: 4.2 (7)

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, Rifle Marksman Badge

Days of Unauthorized Absence: None

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

BAD CONDUCT DISCHARGE/As a result of a courts-martial (SPCM) - Other, authority: MARCORSEPMAN Par. 1105.

 Chronological Listing of Significant Service Events :

880111:  Counseled for deficiencies in performance and conduct. [Failure to be at appointed place of duty.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

890322:  NJP for violation of UCMJ, Article 86: Failed to go at the time prescribed to formation at 0700-1010, 890314 at BrdgCo, 7 th EngrSptBn, 1 st FSSG, violation of UCMJ Article 86: Failed to go at the time prescribed at place of duty at Bldg 1443 from 0700-0730, 890316 at BrdgCo, 7 th EngrSptBn, 1 st FSSG, violation of UCMJ Article 91: Disobeying a lawful order given by Sgt A_______ to report to the company, after being caught sleeping in the rack at 0815, 890314.
         Award: Forfeiture of $200 per month for 1 month, restriction and extra duty for 14 days. Not appealed.
890324:  To confinement, Sentence of SPCM.

890522:  Special Court-Martial.
         Charge I: violation of the UCMJ, Article 89:(1 Specification),
         Specification 1: On 890323 behave himself with disrespect toward 1 st LT A.R.A_______.
         Charge II: violation of the UCMJ, Article 91( 2 Specifications), .
         Specification 1: On 890323 assault Sgt P. L. H______by striking him on the forehead with his forehead, Specification 2: On 890323 was disrespectful in language toward Sgt P.L H______. Charge III: violation of the UCMJ, Article 92(4 Specifications), Specification 1: On 890323 violate a lawful general order by wrongfully possessing two machine gun live tracer rounds in his BEQ room, Specification 2: On 890323 violate a lawful general order by wrongfully possessing a martial arts weapon, Specification 3: On 890323 violate a lawful general order by wrongfully possessing two AFID cards, Specification 4: On 890323 violate a lawful general order by wrongfully possessing drug paraphernalia, Charge IV: violation of the UCMJ, Article 112a: (2 Specifications), Specification 1: Wrongfully use amphetamine/methamphetamine within 7 days prior to 890323, Specification 2:Wrongfully use amphetamine/methamphetamine with 7 days prior to 890214. Charge V: violation of the UCMJ, Article 134: (1 Specification), Specification 1: Drunk and disorderly on 890323.
         Findings: to Charge I, and specification 1 thereunder, guilty. To Charge II and specification 2 thereunder, guilty. To Charge III and specifications 1,2,3 and 4 thereunder, guilty. To Charge IV and specifications 2 thereunder, guilty. To Charge V and specification 1 thereunder, guilty.
         Sentence: CHL for 5 months, forfeiture of $300.00 pay per month for 5 months, reduction to E-1, and a bad conduct discharge.
         CA 890818: Only so much of the sentence as provides for a BCD, 90 days confinement, forfeiture of $300.00 pay per month for 5 months and reduction to E-1 approved and, except for the BCD, ordered executed
        
890606:  From confinement, to duty.

890606:  To appellate leave.

900606:  Applicant waived rights to clemency review.

891215:  NMCCMR: Affirmed findings and sentence.

900702:  SSPCMO: Article 71c, UCMJ, having been complied with, Bad Conduct discharge ordered executed.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 900722 with a bad conduct discharge which was the sentence adjudged by a properly constituted special court martial that was determined to be legal and proper, affirmed in the legal chain of review and executed (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 has no merit. The applicant claims he didn’t do anything wrong, his discharge has held him back and he has no benefits. The applicant was found guilty, at Special Court-Martial, of disrespect, disrespectful language, possessing machine gun live tracer rounds in his BEQ room, wrongful possession of martial arts weapons, wrongful possession of two AFID cards, wrongful possession of drug paraphernalia, two specifications of illegal drug use and drunk and disorderly. It is true that a Bad Conduct discharge will effect your options in the civilian world and you are not entitled to military benefits. The applicant has not provided the Board with any documented evidence to show that he has become a credible citizen, living a life worthy of clemency and upgrade to his discharge. Relief denied.

Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 1105, DISCHARGE ADJUDGED BY SENTENCE OF COURTS-MARTIAL , 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 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 Street SE Rm 309
                  Washington, D.C. 20374-5023     


Similar Decisions

  • NAVY | DRB | 2004 Marine | MD04-00547

    Original file (MD04-00547.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION Chronological Listing of Significant Service Events :871124: NJP for violation of UCMJ, Article 92: Failure to obey an order/regulation.Awarded forfeiture of $150.00 per month for 2 months, restriction and extra duties for 30 das. 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...

  • USMC | DRB | 2001_Marine | MD01-00227

    Original file (MD01-00227.rtf) Auto-classification: Denied

    I've served 11 years 9 months and 28 days of active service and was discharged with a Bad conduct discharge as a result of a Special Court Martial for a violation of Article 114A of the uniform code of Military Justice. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 (2 copies) Discharge Upgrading Questionnaire (10 pages) PART II - SUMMARY OF SERVICE Prior Service (component, dates of...

  • USMC | DRB | 2000_Marine | MD00-00997

    Original file (MD00-00997.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 (2 copies) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USMCR(J) 920520 - 920915 COG Period of Service Under Review :Date of Enlistment: 920916 Date of Discharge: 960411 Length of Service (years, months, days):Active: 03 06 26 (Doesn't exclude lost or confinement...

  • NAVY | DRB | 2004 Marine | MD04-00132

    Original file (MD04-00132.rtf) Auto-classification: Denied

    MD04-00132 Applicant’s Request The application for discharge review was received on 20031023. The Applicant requests a documentary record discharge review. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19920507 with a bad conduct discharge which was the sentence adjudged by a properly convened special court-martial.

  • USMC | DRB | 2003_Marine | MD03-01486

    Original file (MD03-01486.rtf) Auto-classification: Denied

    Equity Issue: Based on our review of the evidentiary record and in accordance with 10 USC 874 (b) (UCMJ, Article 74) and SECNAVINST 5420.174C, enclosure (1), paragraphs 2.24 and 9.3, we request on behalf of this former member the Board’s clemency relief with up-grade of his characterization of service on the basis of his post-service conduct. ________________________________________________________________________In accordance with 32 C.F.R., section 724.166, and SECNAVINST 5420.174C,...

  • USMC | DRB | 2000_Marine | MD00-00637

    Original file (MD00-00637.rtf) Auto-classification: Denied

    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. Chronological Listing of Significant Service Events :871221: Counseled for deficiencies in performance and conduct. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.880223: NJP for violation of UCMJ, Article 91:Specification:...

  • USMC | DRB | 2001_Marine | MD01-00854

    Original file (MD01-00854.rtf) Auto-classification: Denied

    Thank you for your consideration Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copies of DD Form 214 (2) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USMC None Inactive: USMCR(J) 950328 - 950918 COG Period of Service Under Review :Date of Enlistment: 950919 Date of Discharge: 971106 Length of Service (years, months, days):Active: 02 00 25 Inactive:...

  • USMC | DRB | 2003_Marine | MD03-00463

    Original file (MD03-00463.rtf) Auto-classification: Denied

    MD03-00463 Applicant’s Request The application for discharge review was received on 20030122. The main reason I am able to accept this responsibility is strongly due to my training in the Marine Corp. Charge I: violation of the UCMJ, Article 128: Assault Cpl F_ on 19 Aug 88.

  • USMC | DRB | 2000_Marine | MD00-00333

    Original file (MD00-00333.rtf) Auto-classification: Denied

    To Charge III and specification thereunder, guilty Sentence: Confinement for four months, forfeiture of $438.00 pay per mouth for four months, and a bad conduct discharge. 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).The applicant's issue states: "(Equity Issue) Pursuant to 10 USC 874(b) (UCMJ) Article 74) and in accordance with SECNAVINST 5420.174c, enclosure...

  • USMC | DRB | 2001_Marine | MD01-00688

    Original file (MD01-00688.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 990630 with a bad conduct discharge which was the sentence adjudged by a properly constituted special court martial that was determined to be legal and proper, affirmed in the legal chain of review and executed (A and B). The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon...