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USMC | DRB | 1999_Marine | MD99-01054
Original file (MD99-01054.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD99-01054

Applicant’s Request
The application for discharge review, received 990729, 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 000424. 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.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Statement from applicant dated June 8, 1999

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              911028 - 951026  HON
         Inactive: USMCR(J)                910131 - 911027  COG

 Period of Service Under Review :
Date of Enlistment: 951027               Date of Discharge: 961024

 Length of Service (years, months, days):

         Active: 00 11 28
         Inactive: None

 Age at Entry: 23                          Years Contracted: 3

 Education Level: 12                        AFQT: 47

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.0 (4)                       Conduct: 3.4 (4)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, AFEM, JMU, SSDR w/1 Star, CAR

 Days of Unauthorized Absence: None

 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 :

951102:  Counseled for deficiencies in performance and conduct. [Alcohol related incident, specifically my altercation with PMO 15Oct95 at the front gate.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued
960325:  Counseled for deficiencies in performance and conduct. [Wrongful use of provoking words, assault and drunk and disorderly behavior.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued
960403:  NJP for violation of UCMJ, Article 117:
 Specification: Wrongfully use provoking words, to wit: "If you come in my room again, I will kick your ass and won't be accountable for my actions".
Violation of UCMJ, Article 134 (2 specs):
Specification 1: Drunk and disorderly on 2340, 23Jan96.
Specification 2: Drunk and disorderly on 10Feb96.
Violation of UCMJ, Article 108:
Specification: Without proper authority through neglect damage by falling off the 2 nd deck of Building 1607, military property of the United States Government on 10Feb96.
Awarded forfeiture of $581.00 per month for 2 months, restriction and extra duties for 45 days, reduction to LCpl. Not appealed.
960415:  Counseled for deficiencies in performance and conduct. [Alcohol related incident, specifically my accident at Building 1607 in which a female civilian and myself fell off the second deck.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

960916:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.
960916:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

960916:  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 failure to conform to the standards of the Marine Corps.

961022:  SJA review determined the case sufficient in law and fact.

961023:  GCMCA [Commanding General, 1 st Marine Division (Rein)] 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 961024 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 determined that the applicant was discharged for misconduct based on 3 alcohol- related incidents within a 6 month period. Relief denied.

The applicant is reminded that he is eligible for a personal appearance hearing within 15 years of the date of his discharge.

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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