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USMC | DRB | 1999_Marine | MD99-00525
Original file (MD99-00525.rtf) Auto-classification: Denied


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

ex-Pvt USMC
Docket No. MD99-00525

Applicant’s Request
The application for discharge review, received 990301, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000110. 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 – Minor disciplinary infractions (admin discharge board required but waived), authority: MARCORSEPMAN Par. 6210.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I FEEL THAT MY DISCHARGE 3WAS INEQUITABLE DUE TO THE FACT THAT MY DISCHARGE WAS BASED ON MINOR MILITARY INFRACTIONS. UPON REVIEW OF MY RECORD PRIOR TO MY DUTIES WITH MWSG 27 (MY DISCHARGING UNIT) THE BOARD WILL SEE THAT I WAS A EXCELLENT CANDIDATE FOR MILITARY DUTIES AND VERY PROUD TO HAVE SERVED MY COUNTRY. THE FACT IS THAT FOR A RESON THAT I DO NOT KNOW OR UNDERSTAND, MYSELF AND MY SHOP SUPERVISOR (GUNNERY SQT W_) DID NOT SEE EYE TO EYE AT TIMES. I DID VERBERLY ASK FOR A TRANSFER NUMEROUS TIMES BUT TO NO AVAIL. AGAIN MY RECORD WILL SHOW THAT FOR THE TIME PRIOR TO MWSG 27 I EXCELLED AS A MARINE. * MERITORISLY PROMOTED DURING BOOT CAMP (SQUAD LEADER) * VERY SATISFACTORY COMPLETION OF MY M.O.S. TRAINING SCHOOL (MOS 3521).

 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: None

 Period of Service Under Review :
Date of Enlistment: 830105               Date of Discharge: 841130

 Length of Service (years, months, days):

         Active: 01 10 25
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 50

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.38 (6)             Conduct: 3.95 (6)

 Military Decorations: None

 Unit/Campaign/Service Awards: RMB, MM

Days of Unauthorized Absence: 6

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

UNDER OTHER THAN HONORABLE CONDITIONS/ Misconduct – Minor disciplinary infractions (admin discharge board required but waived), authority: MARCORSEPMAN Par. 6210.2.

 Chronological Listing of Significant Service Events :

840203:  Unauthorized absence since 1800 840203.

840209:  Returned from UA at 1700, 840209.

840228:  NJP for violation of UCMJ, Article 86 (2 Specs): Spec 1 - UA from DET A on board duty section on or about 1800, 840203 without authority go from his duty section with intent to abandon the same; Spec 2 - UA from 1800, 840203 to 1730 840209; violation of UCMJ Article 92: failure to obey DET 0 11101.1A para 18 by having one six pack and a ½ of Michelob Beer and 3 empty bottles in BEQ on or about 1927, 840131.
         Award: Forfeiture of $100 per month for 2 months (1 month of the forfeiture is suspended for 6 months), restriction for 25 days and extra duty for 20 days, reduction to E-1. Not appealed.

840228:  Applicant notified of his reduction in pay grade to PVT/E1 effective 28 Feb 84.
840308:  Suspension of NJP imposed and suspended on 840228 for period of six months is vacated and punishment ordered executed this date as a result of being UA from Summer Service Alpha inspection scheduled with the Motor Transport Maintenance Section at 0730 on 8 Mar 84.
840420:  Counseled for deficiencies in performance and conduct [military appearance and constant failure to follow instructions]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

840906:  NJP for violation of UCMJ, Article 86: on or about 17 Aug 84 without authority fail to go at the time prescribed to his appointed place of duty, to wit: MTM Section; violation of UCMJ Article 92: on or about 15 Aug 84 violate DET 0 11101.1b by having beer in his room and an unclean secretary; violation of UCMJ Article 117: at the Maine Gate of MCAS(H) on or about 2222, 15 Jul 84 wrongfully use provoking words to wit: "This is f..... bullshit, nothing going to happen to me anyway, you're just wasting my f...... time" or words to that effect toward LCPL P_ (MP) .
         Award: Forfeiture of $298 per month for 2 months, extra duty for 45 days. No indication of appeal in the record.
840928:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.
841009:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions. The factual basis for this recommendation was violation of UCMJ Article 86 (2 specs), Article 92 resulting in NJP actions.

841114:  SJA review determined the case sufficient in law and fact.

841116:  GCMCA [CG, 2 ND MAW] directed the applicant's discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 841130 under other than honorable conditions for misconduct due to minor disciplinary infractions (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’s issue is the equity of his discharge. This former member opines that a
personality conflict with his SNCOIC was the contributing factor to his problems; he
believes his record, prior to serving in a particular unit, was excellent. A review of the
applicant’s service record reveals a Marine who had potential, but also had a problem
obeying regulations and following orders. Relief is denied.

 Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6210 MISCONDUCT , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16C), Change 2, effective 15 Apr 84 until 28 Jul 87.

 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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