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USMC | DRB | 1999_Marine | MD99-00875
Original file (MD99-00875.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD99-00875

Applicant’s Request
The application for discharge review, received 990609, requested that the characterization of service on the discharge be changed to general/under honorable conditions, that the RE code be upgraded, and the reason for the discharge be changed to convenience of the government. The applicant requested a personal appearance hearing discharge review. The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearings.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000310. 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/INVOL DIS (BOARD) (MISCONDUCT) MINOR DISP INF, authority: MARCORSEPMAN Par. 6210.2.

The NDRB did note an administrative error on the original DD Form 214. Block 29, Date of Time Lost During this Period should read: “940226-940304 UA” vice “920525-920527 UA/AWOL, 920226-940304 UA/AWOL”. The original DD Form 214 should be corrected or reissued as appropriate.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.       UA DATES ON DD214 SHOW AN ABSENCE OF 2 YEARS
2.       REQUEST THAT THE RE CODE BE CONSIDERED FOR CHANGED.
3.       MY CIVILIAN REPORT (POLICE) SHOWS NO INFRACTIONS I’VE BEEN A GOOD CITIZEN SINCE MY DISCHARGE.
4.       UNDER CURRENT STANDARDS, I WOULD NOT RECEIVE THE TYPE OF DISCHARGE I DID.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Ltr of recommendation from Sgt K_ dtd 3Mar98
Ltr of recommendation from Sgt R_ dtd Oct 26, 1994
Ltr of recommendation from Cpl C_ dtd 26 Oct 94
Ltr of recommendation from Cpl R_ dtd 26 Oct 94
Ltr of recommendation from Ms S_ dtd Mar 3, 1998
PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                910731 - 911203  COG

 Period of Service Under Review :
Date of Enlistment: 911204               Date of Discharge: 941026

 Length of Service (years, months, days):

         Active: 02 10 23
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 39

 Highest Rank: LCPL

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.1 (7)              Conduct: 3.3 (7)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR

Days of Unauthorized Absence: 9

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

UNDER OTHER THAN HONORABLE CONDITIONS/INVOL DIS (BOARD) (MISCONDUCT)MINOR DISP INF, authority: MARCORSEPMAN Par. 6210.2.

 Chronological Listing of Significant Service Events :

920619:  NJP for violation of UCMJ, Article 86: On or about 2359, 920525 to 0130, 920527 UA from this command while attached to StudCoB, MCCES, MCAGCC
 Awarded forfeiture of $205.00 per month for 1 month, restriction and
extra duties for 14 days. Restriction and extra duty suspended for a period of 6 months unless sooner vacated. Not appealed.

 920730:  NJP for violation of UCMJ, Article 86: Was, at 0616, 920727, absent from appt place of duty, to wit: 0615 accountability formation.
 Award: Forfeiture of $205 per month for 1 month, restriction and extra duty for 14 days. Forfeiture suspended for 6 months unless sooner vacated. Not appealed.
920731:  Counseled for deficiencies in performance and conduct, specifically your frequent involvement with military authorities of a discredible nature. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920803:  NJP imposed and suspended on 920619 vacated and ordered executed.

920825:  NJP imposed and suspended on 920730 vacated and ordered executed.

920825:  NJP for violation of UCMJ, Article 134: Did on or about 2208, 920817, break restriction by leaving the area limits of Barracks #HP without authorization.
         Award: Forfeiture of $390 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. Not appealed.

921112:  Counseled for deficiencies in performance and conduct, specifically breaking restriction. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

930831:  Counseled for deficiencies in performance and conduct, specifically adherence to Marine Corps uniform standards. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

930831:  Counseled for deficiencies in performance and conduct, specifically failure to complete training, forced marches. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

930831:  Counseled for deficiencies in performance and conduct, specifically failure of PFT. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940321:  NJP for violation of UCMJ, Article 86: Was, on or about 0701, 940226 UA and did remain so until 1730, 940304.
         Award: Forfeiture of $238 per month for 1 month, restriction and extra duty for 14 days. Forfeiture of pay suspended for 6 months unless sooner vacated. Not appealed.

940411:  Counseled for deficiencies in performance and conduct, specifically frequent involvement with law enforcement agencies concerning driving. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940512:  NJP for violation of UCMJ, Article 86: Was, on or about 0500, 940425, absent from his appointed place of duty, to wit: ACB formation; violation of UCMJ Article 92: Did, on or about 0500, 940425, disobey a lawful order given by Sgt R_ to wit: not obtaining uniforms for ACB inspection.
         Award: Forfeiture of $466 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. Forfeiture of pay suspended for 6 months unless sooner vacated. Not appealed.

940603:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions as evidenced by 5 NJP’s conducted on 19Jun92, 30Jul92, 24Aug92, 21Mar94, and 12May94.
940603:          Applicant advised of his rights, elected to appear before an Administrative Discharge Board.

940603:  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 the respondent’s five NJP’s conducted on 19Jun92, 30Jul92, 24Aug92, 21Mar94, and 12May94.
940715:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to minor disciplinary infractions, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

941012:  SJA review determined the case sufficient in law and fact.

941012:  GCMCA [Cmdr 2 nd MarDiv] 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 941026 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).

In the applicant’s issue 1, this document will notify CMC to reissue a corrected DD214 to reflect the actual UA dates.

Concerning a change in reenlistment code, the NDRB has no authority to change
reenlistment codes. Only the Commandant, United States Marine Corps, Code MMEA, 3280 Russell Road, Quantico, VA 22134, has the authority to change RE codes. Relief, is therefore, denied.

The applicant indicates that a civilian police report is included and shows he has been a good citizen since discharge. The Board found no such document in his package. Relief denied.

The applicant believes that under current standards, he would not have received an other than honorable discharge. The applicant is mistaken. His record clearly warrants an other than honorable discharge now, as in 1994. Relief denied.

The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.



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. 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, DC 20374-5023       


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