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USMC | DRB | 1999_Marine | MD99-00457
Original file (MD99-00457.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD99-00457

Applicant’s Request
The application for discharge review, received 990210, 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 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: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Pattern of misconduct (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.3.

The NDRB did note an administrative error on the original DD Form 214. Block 28, Narrative Reason for Separation should read: “Misconduct-Pattern of misconduct (administrative discharge required but waived” vice “Misconduct-Pattern of misconduct (with administrative discharge board)”. The original DD Form 214 should be corrected or reissued as appropriate.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. I was stationed in Okinawa Japan. On a deployment to mainland Japan out in the field we have several posts to watch. I was on my post from 7:30 to 15:30. Fell asleep at 15:00. They found me and punished me I spoke with other Marines about the situation. Almost all of them fell asleep for a little while. They just caught me. Please upgrade my discharge I am now disabled. Cause of a very bad auto accident.


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                910722 - 920204  COG

 Period of Service Under Review :
Date of Enlistment: 920205               Date of Discharge: 931008

 Length of Service (years, months, days):

         Active: 01 08 04
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

 Education Level: 12                        AFQT: 58

 Highest Rank: LCPL

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.4 (7)                       Conduct: 3.7 (7)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR

 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 :

930401:  Counseled for deficiencies in performance and conduct. [Dereliction of duty as the DNCO on 930326.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
930426:  NJP for violation of UCMJ, Article 86:
 Specification: Failed to go at the time prescribed to his appointed place of duty to wit: missing the Bn run from 0531 to 0645, 830416.
Awarded forfeiture of $221.00 per month for 1 months, restriction and extra duties for 14 days. Not appealed.
930719:  NJP for violation of UCMJ, Article 86:
 Specification: Failure to go at time prescribed to his appointed place of duty from 0330-0600, 930625.
Awarded forfeiture of $456.00 per month for 2 months, restriction and extra duties for 45 days, reduction to PFC. Forfeiture of $456.00 for 1 month suspended for 6 months. Not appealed.
930730:  Counseled for deficiencies in performance and conduct. [Asleep on post.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
930802:  Vacate suspended forfeiture of $456.00 awarded at NJP dated 930719.

 930806:  Counseled for deficiencies in performance and conduct. [Making false statement to the Bn Commander during Bn NJP on 930719.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
930809:  NJP for violation of UCMJ, Article 113:
 Specification: Sleeping on post 1500, 930729.
Awarded forfeiture of $407.00 per month for 2 months, restriction and extra duties for 45 days, reduction to Pvt. Not appealed.
930819:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.
930819:          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.

930819:  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 three (3) nonjudicial punishments and counseled concerning his deficiencies.

930914:  SJA review determined the case sufficient in law and fact.

930916:  GCMCA [Commanding General, 3d Marine Division] 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 931008 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).

The applicant is under the false impression that he was discharged for one incident, falling asleep on watch. This was not the case. The applicant was discharged for a pattern of misconduct that covered a period of five months. The 3 NJP’s he received were the basis for his discharge. 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. 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 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 St SE Rm 309
                  Washington, D.C. 20374-5023     


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