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USMC | DRB | 1999_Marine | MD99-00882
Original file (MD99-00882.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD99-00882

Applicant’s Request
The application for discharge review, received 990609, 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 000410. 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 WAIVED) (PATTERN OF MISCONDUCT), authority: MARCORSEPMAN Par. 6210.3.

The NDRB did note an administrative error on the original DD Form 214. Block 25, Separation Authority should read: “MARCORSEPMAN 6210.3” vice “MARCORSEPMAN 6210”, Block 28, Narrative Reason for Separation should read: “INVOL DIS (BOARD WAIVED) (PATTERN OF MISCONDUCT)” vice “PATTERN OF MISCONDUCT”. The original DD Form 214 should be corrected or reissued as appropriate.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. At the time of my enlistment I was very immature in most ways, by not accepting the responsibilities of an adult seriously. My actions could have been avoided if I had really thought them out. A couple of times I tried to take matters into my own hands and failed both times. My being as young as I was I really never thought of the consequences down the road. As far as my being a Marine I loved every minute of it and find myself often missing it. My work as a Marine was very professional and I took great pride in it, for maturity is what I lacked.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None
PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                900613 - 910610  COG

 Period of Service Under Review :
Date of Enlistment: 910611               Date of Discharge: 941020

 Length of Service (years, months, days):

         Active: 03 04 10
         Inactive: None

 Age at Entry: 18                          Years Contracted: 6

 Education Level: 12                        AFQT: 52

 Highest Rank: LCPL

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.1 (9)              Conduct: 4.1 (9)

 Military Decorations: None

 Unit/Campaign/Service Awards: Letter of Appreciation (6), NDSM

 Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/INVOL DIS (BOARD WAIVED) (PATTERN OF MISCONDUCT), authority: MARCORSEPMAN Par. 6210.3.

 Chronological Listing of Significant Service Events :

930323:  NJP for violation of UCMJ, Article 121:
 Specification: Wrongfully appropriate Sgt's compact disc.
Awarded forfeiture of $50.00 per month for 1 month. Not appealed.
930518:  Counseled for deficiencies in performance and conduct. [Financial irresponsibility by borrowing money from fellow Marines and refusing to repay, and disobedience of a lawful order of an officer by refusing to return to work upon completion of block training by going to your room and going to sleep.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued
940111:  Counseled for deficiencies in performance and conduct. [Financial irresponsibility by writing personal checks which were returned due to insufficient funds.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued
940217:  Counseled for deficiencies in performance and conduct. [Financial irresponsibility.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued
940325:  NJP for violation of UCMJ, Article 86:
 Specification: Absent from appointed place of duty 1230-1530, 4Feb94.
Awarded forfeiture of $400.00 per month for 1 month, restriction for 30 days, reduction to PFC. Forfeiture suspended for 3 months. Not appealed.
940823:  NJP for violation of UCMJ, Article 123 and 134:
 Specification: Forgery and wrongfully utter a check for $71.75.
Awarded forfeiture of $194.00 per month for 1 month, restriction and extra duties for 14 days, reduction to Pvt. Not appealed.
940928:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.
940928:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

940929:  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 his frequent involvement with military authorities, evident by his 3 NJP’s.

941006:  SJA review determined the case sufficient in law and fact.

941012:  GCMCA [Commanding Officer, Marine Corps Logistics Base, Barstow, CA] 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 941020 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 following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (E). The applicant must be aware that 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, may be considered by the NDRB.

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, D.C. 20374-5023     


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