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USMC | DRB | 1999_Marine | MD99-00985
Original file (MD99-00985.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD99-00985

Applicant’s Request
The application for discharge review, received 990716, 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, but an inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall change. The discharge shall change to: 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. The Non-Judicial Punishments I received were for minor offenses.

2. I was so close to finishing my tour that it was unfair to give me a bad discharge.

3. My ability to serve was impaired by my youth and immaturity.

4. My records of Unauthorized Absences indicate only minor offenses.

5. My use of alcohol impaired my ability to serve.

6. My use of drugs impaired my ability to serve.

7. I had a serious weight problem that impaired my ability to serve.

8. I have been a good citizen since my discharge.

Explanation of applicant's issues dated June 7, 1999 found in case folder.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Applicant's statement dated June 7, 1999
Copy of DD Form 214
Copy of University of Maryland Official Student Transcript
Grade report from Wor-Wic College
Grade report from Maryland Correctional Training Commission
Certificate from Maryland Correctional Training Commission dated October 28, 1998
Letter of Commendation dated July 3, 1991
Letter of Recommendation from Berlin Fire Company dated July 30, 1992
Kent General Hospital Paramedic Training Program Transcript (4)
Delaware Paramedic Certification dated November 23, 1992
National Registry of Emergency Medical Technicians Certification dated August 1, 1992
Letters of Recommendation from Paramedic Peers and Employers (7)
Letters of Commendation - Paramedic (2)
Daughter's social security card
Ordination Certificate - Melchizedek Priesthood - Mormon Church
Delaware Technical and Community College Transcript
Copy of application data
PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                821129 - 830908  COG

 Period of Service Under Review :
Date of Enlistment: 830909               Date of Discharge: 861216

 Length of Service (years, months, days):

         Active: 03 02 06 (Days UA deducted)
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

 Education Level: 12                        AFQT: 59

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.9 (7)                       Conduct: 3.6 (7)

 Military Decorations: None

 Unit/Campaign/Service Awards: Letter of Appreciation, SSDR

 Days of Unauthorized Absence: 32

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

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

 Chronological Listing of Significant Service Events :

840604:  Counseled for deficiencies in performance and conduct. [Intemperate and irresponsibility use of alcohol.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
840614:  NJP for violation of UCMJ, Article 134:
 Specification 1: Wrongfully and falsely alter the date with intent to deceive by changing the dates on a medical revised duty status chit to read: Date this duty status expires 840609 vice 840607 which was authorized by the Medical Officer on 840606.
Awarded forfeiture of $150.00 per month for 1 month. Not appealed.
850124:  Completed Level II substance abuse rehabilitation program.

 850314:  Counseled for deficiencies in performance and conduct. [Unauthorized absence from appointed place of duty.]

850703:  NJP for violation of UCMJ, Article 86:
 Specification: Absent himself from his appointed place of duty on 0720, 850609.
Awarded forfeiture of $300.00 per month for 2 months, restriction for 30 days. Forfeiture and restriction suspended for 1 month. Not appealed.
851126:  Counseled for deficiencies in performance and conduct. [Poor performance, lack of initiative, attention to duty and tardiness.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
860218:  Applicant assigned to weight control program.

 860307:  Counseled for deficiencies in performance and conduct. [Failure to pay just debts.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
860422:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence from 1300, 4Apr86 to 0730, 7Apr86.
Violation of UCMJ, Article 92:
Specification: Disobeyed a lawful order to return to his duty section after performing a rifle cleaning detail on 860404.
Awarded Extra duty for 30 days, reduction to PFC. Not appealed.
860805:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence from 0700-1015, 18Jul86.
Awarded forfeiture of $319.00 per month for 2 months, extra duties for 30 days, reduction to Pvt. Appeal denied.
861022:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.
861022:  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.

 861023:  NJP for violation of UCMJ, Article 92 (2 specs):
 Specification 1: Disobedience of a lawful order on 8Aug86, to wit: not complying with rifle range orders
Specification 2: Disobedience of a lawful order, missing duty section musters.
Violation of UCMJ, Article 86: Unauthorized absence 0500, 15Sep86 to 1730, 14Oct86 (30 days/surrendered).
Awarded Extra duties for 30 days. Not appealed.
861029:  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 a pattern of misconduct due to two or more instances of conduct prejudicial to good order and discipline within one enlistment.

861118:  SJA review determined the case sufficient in law and fact.

861119:  GCMCA [Commanding General, 3d Marine Aircraft Wing] 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 861216 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 at the time of issuance (D and E).

The Board, after reviewing the applicant’s post-service conduct, however, grants equitable relief as authorized under provisions of SECNAVINST 5420.174C, enclosure (1), paragraph 9.3. The Board determined that while the applicant’s post service warrants an upgrade to general, the applicant’s overall record of service does not warrant an honorable discharge


 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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