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USMC | DRB | 1999_Marine | MD99-00479
Original file (MD99-00479.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD99-00479

Applicant’s Request
The application for discharge review, received 990218, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 991213. 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 CONDITIONS OTHER THAN HONORABLE/Separation in lieu of trial by court-martial, authority: MARCORSEPMAN Par. 6419.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. When I was nineteen, I had a problem of being very insecure. I thought by joining U.S.M.C. they would change that, and for the most part they did. When I came home on leave I married a real strong willed woman who persuaded me to not return. I did as she wished, but have lived in shame for nineteen years. I have lived with this guilt all these years.

2. I'm in the midst of trying to join the National Guard. I want to do anything I possibly can to make this big mistake up to the country I love so much. I hope by doing what I am, by my commitment to join the guard, by maintaining to good citizenship, and hold a good job all these years you will find it in your hearts to upgrade my discharge.

 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)                791005 - 791024  COG

 Period of Service Under Review :
Date of Enlistment: 791025               Date of Discharge: 850701

 Length of Service (years, months, days):

         Active: 05 08 07 (Does not exclude loss time and confinement)
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 11                        AFQT: 46

 Highest Rank: Pvt

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMF                           Conduct: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: RSB

 Days of Unauthorized Absence: 1801

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

UNDER CONDITIONS OTHER THAN HONORABLE /Separation in lieu of trial by court-martial, authority: MARCORSEPMAN Par. 6419.

 Chronological Listing of Significant Service Events :

800805:  Applicant declared a deserter on 0631, 800723 having been an unauthorized absentee since 0631, 800623 from D CO, Assault Amphibian Battalion, 2DMARDIV, FMF, Camp Lejeune, NC.

850617:  Applicant apprehended by civil authorities on 850530 (2035) at Dirkinson County Jail. Returned to military control 850603 (1310). Delivered to Absentee Collection Unit, NTC, Great Lakes and transferred to 2d Assault Amphibian Battalion, 2DMARDIV, FMF, Camp Lejeune, NC.

850620:  Applicant, having consulted with counsel certified under UCMJ Art 27b, requested discharge in lieu of trial by court- martial. In the request the applicant noted that his counsel had fully explained the elements of the offenses for which he was charged and that he understood the elements of the offenses. He further certified a complete understanding of the negative consequences of his actions and that characterization of service would be under other honorable conditions. The applicant admitted guilt to those offenses which are punishable by a punitive discharge.

850625:  SJA review determined the case sufficient in law and fact.

850701:  GCMCA [CG, 2DMARDIV, FMF] directed discharge under conditions other than honorable by reason separation in lieu of trial by court-martial.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 850701 under conditions other than honorable in lieu of trial by court-martial (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).

The applicant submitted two (2) issues which were not decisional. He described why he was in a deserter status for almost five years and why he desires a discharge upgrade. The discharge issued was appropriate for the applicant’s offense. He understood the negative consequences of accepting a discharge in lieu of trial by court-martial. Relief denied.


Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6419, SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16C), Change 2, effective 15 May 84 until 26 Jun 89.

 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 St SE Rm 309
                  Washington, D.C. 20374-5023     


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