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USMC | DRB | 1999_Marine | MD99-01067
Original file (MD99-01067.rtf) Auto-classification: Denied


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

ex-PVT, USMC
Docket No. MD99-01067

Applicant’s Request
The application for discharge review, received 990803, 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 – Minor disciplinary infractions (admin discharge board required but waived), authority: MARCORSEPMAN Par. 6210.2.

The NDRB did note an administrative error on the original DD Form 214. Block 26, Separation Code should read: “HKN1” vice “HGN1”. The original DD Form 214 should be corrected or reissued as appropriate.





PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. My discharge was inequitable because it was based on one isolated incident in 32 months of service with no other adverse action.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copies of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USAR            790612 - 840914  HON
         Inactive: USMCR(J)                850122 - 850411  COG

 Period of Service Under Review :
Date of Enlistment: 850412               Date of Discharge: 871223

 Length of Service (years, months, days):

         Active: 02 08 12
         Inactive: None

 Age at Entry: 24                          Years Contracted: 6

 Education Level: 15                        AFQT: 59

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.5 (10)             Conduct: 3.4 (10)

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM

Days of Unauthorized Absence: 17

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

UNDER OTHER THAN HONORABLE CONDITIONS/ Misconduct – Minor disciplinary infractions (admin discharge board required but waived), authority: MARCORSEPMAN Par. 6210.2.

 Chronological Listing of Significant Service Events :

850923:  Counseled for deficient attitude and belligerence toward NCO's and disobedience of written orders and recent alcohol abuse. Disciplinary and discharge warning issued.

860625:  NJP for violation of UCMJ, Article 86: On or about 0600, 860603 without authority absence himself from his appointed place of duty, to wit: Morning PT and training and place of work, and did remain until on or about 1120, 860603; violation of UCMJ Article 134: Incapacitated for the proper performance of his duties as a result of wrongful previous overindulgence in intoxicating liquor.
         Award: Forfeiture of $300 per month for 2 months ($300.00 for 1 month suspended for 6 months), restriction for 60 days (30 days suspended for 6 months), reduction to E-3 (suspended for 6 months) . Not appealed.

860709:  Counseled concerning his alcohol related incident, specifically his recent NJP.

870424:  NJP for violation of UCMJ, Article 86: UA from Solid Shield exercise at Oak Grove, PMO section for duty at 0701 on 870420 until 0735 on 870421 (1day/S).
         Award: Forfeiture of $150.00 per month for 2 months, reduction to E-3. No appealed.
870630:  Counseled for deficiencies in performance and conduct. [Substandard participation in Alcohol Aftercare program. On 860718 he was diagnosed as alcohol dependent and ordered to ARS where he successfully completed a level 3 program. On 860913 he was assigned to an Aftercare Program. His participation to date in Aftercare has been marginal at best. On 870530 he was placed in a probationary treatment status by JDACC, and recently was caught hiding and not taking daily prescription of antabuse]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.


871020:  Counseled for deficiencies in performance and conduct. [Unauthorized absence from his appointed place of duty] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

871021:  NJP for violation of UCMJ, Article 86: UA from 0500 to 0740, 871015, violation of UCMJ Article 92: dereliction in the performance of duties by falling asleep while on flight line security.
          Award: Forfeiture of $369.00 per month for 2 months, restriction for 60 days, reduction to E-2. Not appealed.
871109:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.
871112:          Applicant advised of his rights and having elected not to consult 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.

871116:  NJP for violation of UCMJ, Article 86: UA from 871031 to 871105 (5days/S).
         Award: Forfeiture of $329.00 per month for 2 months, extra duty for 45 days, reduction to E-1. Not appealed.
871117:  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 Pvt W_____t's NJP punishments of 860620, 870424, and 871021; his adverse page 11 entries of 850923, 860709, 870630 and 871020. Pvt W_____ went UA from 871031 to 871105.

871119:  Summary Court Martial for violation of UCMJ, Article 134: Breaking restriction on or about 2146, 871114.
         Sent: Confinement for 1 month, forfeiture of 2/3 pay per month for 1 month.
         CA: 871130: The sentence is approved and will be executed. Execution of the forfeiture and remaining portion of confinement is suspended for 6 months at which time, unless the suspension is sooner vacated, will be remitted without further action.

871216:  SJA reviewed and found sufficient in law and fact.

871216:  GCMCA [Commander, Marine Corp Air Base, Eastern Area] 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 871223 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).

The applicant introduced no decisional issues for consideration by the Board.

The applicant is reminded that he is eligible for a personal appearance hearing within 15 years from 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 P1900.16C, Change 4, effective 29 Jul 87 until 26 Jun 89.

 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.
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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