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USMC | DRB | 1999_Marine | MD99-00794
Original file (MD99-00794.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD99-00794

Applicant’s Request
The application for discharge review, received 990520, 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 000207. 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, authority: MARCORSEPMAN Par. 6210.3.

The NDRB did note an administrative error on the original DD Form 214. Block 12a, Date Entered AD This Period, should read: “95 10 24” vice “951026”; Block 12c, Net Active Service This Period, should read; “02 04 11” vice “02 04 09”. The original DD Form 214 should be corrected or reissued as appropriate.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I do not know why I was seperated from service with an other than honorable rating. I am including letters from family and friends that attest to my desire to continue my education. Also to the fact that I am good citizen and should be afforded the opportunity to continue my education under the Montgomery Bill. Thank you for assisting me in this issue.
 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Ltr from wife dtd May 1, 1999
Ltr from aunt dtd May 8, 1999
Ltr from grandmother dtd May 8, 1999
Ltr from friend dtd may 8, 1999
Ltr from step-father dtd may 8, 1999
Ltr form mother dtd May 8,1999
Ltr from friend dtd May 9, 1999

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                950915 - 951023  COG

 Period of Service Under Review :
Date of Enlistment: 951024               Date of Discharge: 980304

 Length of Service (years, months, days):

         Active: 02 04 09
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 32

 Highest Rank: CPL

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2 (9)              Conduct: 3.7 (9)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, MM (2)

Days of Unauthorized Absence: 03

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.3.

 Chronological Listing of Significant Service Events :

960808:  Counseled for deficiencies in performance and conduct, specifically speeding in a tactical government vehicle, lack of judgement and conduct unbecoming. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

960909:  NJP for violation of UCMJ, Article 86: UA from 0600 to 0800, 12Aug96, violation of UCMJ Article 86: UA from 0700, 23 Aug to 0600 26 Aug 96, violation of UCMJ Article 91: At 0600, 2Aug96 did disobey an order of an NCO by not being at appointed place of duty at appointed time, violation of UCMJ Article 92: At 0800, 23Aug96 was derelict by not field-daying his room when supposed to.
         Award: Forfeiture of $110 per month for 1 month, restriction and extra duty for 14 days. Forfeiture suspended for 6 months. Not appealed.

961022:  NJP imposed and suspended on 960909 for 6 months is hereby vacated and punishment ordered executed.

970317:  Counseled for deficiencies in performance and conduct, specifically failing to abide by 3 rd AA Bn MT SOP by not utilizing a Marine as a ground guide to assist you when backing up. Your M998 backed into a POV causing approximately $3000.00 worth of damage to the POV. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued
970723:  Counseled for deficiencies in performance, specifically failing to qualify with the service rifle on Jul 17, 1977. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
970929:  Counseled for deficiencies in performance and conduct, specifically failure to prepare for uniform inspection, i.e. failed to bring Service A uniform on 970925 for platoon inspection and when given another opportunity, failed to show. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

971031:  Counseled for deficiencies in performance and conduct, specifically the results of the Bn Comdr’s NJP. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

 961101:  NJP for violation of UCMJ, Article 86 (2 specs):
 Specification 1: At 0700, 16Oct96, did fail to go at time prescribed to Motor Pool.
Specification 2: At 1255, 18Oct96, did fail to go at time prescribed to Motor Pool.
Awarded forfeiture of $223.00 per month for 1 month, restriction and
extra duties for 14 days. Forfeiture and restriction suspended for 6 months. Not appealed.

961107:  Counseled for deficiencies in performance and conduct, specifically failure to comply with the UCMJ and personal hygiene. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

971104:  NJP for violation of UCMJ, Article 92: On or about 23Oct97, disobeyed an order or regulation; violation of UCMJ Article 113: On or about 23Oct97 as sentry on duty did not guard gear in his immediate area.
         Award: Forfeiture of $505 per month for 2 month(s), restriction and extra duty for 45 days, reduction to PFC. Forfeiture suspended for 6 months.
971230:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by 8 page 11 entries and 3 NJP’s.
971030:          Applicant advised of his rights including the right to consult with a judge advocate prior to making any decision regarding this matter.

971230:  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 applicant’s 8 page 11 entries and 3 NJP’s

980130:  SJA review determined the case sufficient in law and fact.

980204:  GCMCA [1 st MARDIV] 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 980220 under other than honorable conditions 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).

The applicant introduced no decisional issues for consideration by the Board. The Board found that the applicant was discharged for 8 page 11 counseling entries and 3 NJP’s. Relief denied.

 The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (B, Part IV). However, there is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, is considered. The applicant should have produced evidence of continuing educational pursuits, a verifiable employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs in order for consideration for clemency based on post-service conduct. At this time the applicant has not provided sufficient documentation of his good character and conduct. Therefore no relief will be granted. He is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application

Pertinent Regulation/Law (at time of discharge)
A. Paragraph 6210, MISCONDUCT , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95 until Present.

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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