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USMC | DRB | 1999_Marine | MD99-00749
Original file (MD99-00749.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD99-00749

Applicant’s Request
The application for discharge review, received 990504, 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 000403. 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 HONORABLE CONDITIONS (GENERAL)/Misconduct-Pattern of misconduct (admin discharge board required but waived), authority: MARCORSEPMAN Par. 6210.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. My undesirable discharge was inequitable because it was based on my financial and personal problems which impaired my ability to serve. Since my discharge I have been a good citizen.

2. While serving in the military, my record of promotions showed I was generally a good service member. My average conduct and proficiency marks were pretty good.

3. My records also indicate letter of appreciation (3 rd awd), and good conduct medal.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Character reference from pastor
Job/character reference dated October 1, 1998
Character reference from applicant's wife
Copy of DD Form 214 (current and previous)
Twenty-six pages from applicant's service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              790613 - 830610  HON
         Inactive: USMCR(J)                781019 - 790612  COG
                  USMCR            830611 - 840131  HON

 Period of Service Under Review :
Date of Enlistment: 840201               Date of Discharge: 850220

 Length of Service (years, months, days):

         Active: 01 00 20
         Inactive: None

 Age at Entry: 22                          Years Contracted: 3

 Education Level: 12                        AFQT: 49

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 2.2 (5)                       Conduct: 2.7 (5)

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM, Letter of Appreciation (3)

 Days of Unauthorized Absence: 10

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

UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct-Pattern of misconduct (admin discharge board required but waived), authority: MARCORSEPMAN Par. 6210.3.

 Chronological Listing of Significant Service Events :

840312:  Counseled for deficiencies in performance and conduct. [Frequent involvement with military/civilian authorities.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued
840305:  Applicant to unauthorized absence.

840312:  Applicant from unauthorized absence. (7 days)

840316:  Applicant to unauthorized absence.

840319:  Applicant from unauthorized absence (3 days).

840330:  NJP for violation of UCMJ, Article 123 (3 specs):
 Specification 1: Wrote a check for payment of money on Security Pacific National Bank in the amount of $100, knowing he did not have sufficient funds in the bank to cover check on 840214.
Specification 2: Wrote a check for payment of money on Security Pacific National Bank in the amount of $11, knowing he did not have sufficient funds in the bank to cover check on 840214.
Specification 3: Wrote a check for payment of money on Security Pacific National Bank in the amount of $19.06, knowing he did not have sufficient funds in the bank to cover check on 840214.
Violation of UCMJ, Article 86 (5 specs):
Specification 1: Unauthorized absence 0701, 840305.
Specification 2: Unauthorized absence 0701, 840314 to 0700, 840315 (23 hours, 59 minutes).
Specification 3: Unauthorized absence 1300, 840320 from appointed place of duty.
Specification 4: Unauthorized absence 0701, 840322 - 0700, 840323 (23 hours and 59 minutes).
Specification 5: Unauthorized absence 0715, 840328 from appointed place of duty, to wit: morning formation.
Violation of UCMJ, Article 90:
Specification: Willfully disobey order of 1stLt by failing to call 1stLt upon leaving the courthouse.
Awarded forfeiture of $381.00 per month for 2 months, restriction for 10 days, extra duty for 15 days, reduction to LCpl. Suspended for 6 months. Not appealed.
840507:  Counseled for deficiencies in performance and conduct. [Writing bad checks through the Military Exchange System ($200.00) and constances indebtedness to civilian venders.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

840626:  NJP for violation of UCMJ, Article 123:
 Specification: Wrote a check for payment of money on the Security Pacific National Bank for $115.00, knowing he did not have sufficient funds in the bank to cover the check on 840214.
Awarded forfeiture of $334.00 per month for 1 month, restriction for 14 days, reduction to PFC. Forfeiture suspended for 6 months. No indication of appeal found in record.
840713:  Applicant in hand of civilian authorities.

840816:  Civil conviction: Petty theft. [Extracted from SJA memorandum.]
        
850129:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to a pattern of misconduct, that the misconduct warranted separation, and recommended discharge under honorable conditions (general) with a 12 month suspension.

Undated:         Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions. Hand written, undated.

850204:  SJA review determined the case sufficient in law and fact.

850205:  GCMCA [Commanding General] directed the applicant's discharge under honorable conditions (general) 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 850220 under honorable conditions (general) for misconduct due to a pattern of misconduct (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 found the applicant has submitted no substantiation establishing that his personal and financial problems were of such severity that they could not be resolved through available military channels. The Board did not concur in the applicant’s presentation that his problems could justify the misconduct of record. Financial management has historically been a matter of individual discipline. The applicant introduced nothing of such severity that would mitigate his misconduct. The Board noted that many Marines go through trying financial situations without reverting to any form of misconduct.

The favorable portions of the applicant’s record were noted by the Board. However, the applicant’s misconduct, evidenced his willful disregard for the requirements of military discipline, overshadowed any positive elements in his record. 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.

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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