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USMC | DRB | 1999_Marine | MD99-01116
Original file (MD99-01116.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD99-01116

Applicant’s Request
The application for discharge review, received 990817, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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: BAD CONDUCT DISCHARGE/COURT-MARTIAL, authority: MARCORSEPMAN Par. 1105.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. My BCD was inequitable because it was based on one isolated incident in 8 years of honorable service with no adverse action.

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

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              860527 - 920826  HON
         Inactive: USMCR(J)                850801 - 860526  COG

 Period of Service Under Review :
Date of Enlistment: 860527               Date of Discharge: 960912

 Length of Service (years, months, days):

         Active: 04 00 15
         Inactive: None

 Age at Entry: 24                          Years Contracted: 2

 Education Level: 12                        AFQT: 80

 Highest Rank: Sgt

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: See P fiche                  Conduct: See P fiche

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, MM, NUC, SASM, MUC, Certificate of Commendation, KLM, Letter of Appreciation (3), GCM with 1 Star, SSDR with 2 Stars

 Days of Unauthorized Absence: None

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

BAD CONDUCT DISCHARGE/COURT-MARTIAL, authority: MARCORSEPMAN Par. 1105.

 Chronological Listing of Significant Service Events :

930302:  Counseled for deficiencies in performance and conduct. [Continually unauthorized absence to formations.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

931018:  Counseled for deficiencies in performance and conduct. [On 4Aug92 your wife refused to vacate the house in which you are renting. At this time you owe $9,4_5.00 in back rent, also you not your wife made any arrangements (unreadable light print) him. Arrangements were made so that your dependents could move into base housing, but your wife refused quarters. You are held legally responsible for the actions of your dependents.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

931214:  Counseled for deficiencies in performance and conduct. [Failure to pay just debts. You have not paid the back rent that you owe.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940818:  Special Court-Martial.
         Charge I: violation of the UCMJ, Article 112A (3 specifications):
         Specification 1: Wrongfully use amphetamine/methamphetamine during November 1993.
         Specification 2: Wrongfully use amphetamine/methamphetamine on 18 April 1994
         Specification 3: Wrongfully use amphetamine/methamphetamine on 18 May 1994.
         Findings: to Charge I and specifications thereunder, guilty.
         Sentence: Fine of $300.00 pay per month for 6 months, confinement for 6 months, reduction to Pvt, and a bad conduct discharge.
         CA 940818: Sentence approved and ordered executed except for the BCD.
        
940818:  To confinement, Sentence of SPCM.

941213:  From confinement, to duty.

941214:  To voluntary appellate leave.

950130:  To involuntary appellate leave.

950420:  NC&PB denied clemency.

960131:  NMCCMR: Affirmed findings and sentence.

960903:  COMA: Petition for review denied.

960912:  SSPCMO: Article 71c, UCMJ, having been complied with, Bad Conduct discharge ordered executed.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960912 with a bad conduct discharge which was the sentence adjudged by a properly constituted special court martial that was determined to be legal and proper, affirmed in the legal chain of review and executed (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, he implies that a permissive doctrine exists whereby one in the military is allowed a “single misdeed”. The Board believes that the applicant is confusing this with the civilian world wherein some offenses are treated with leniency because they are a first time incident on an otherwise clear record. No such leniency exists in the military. The applicant is responsible for his actions and must accept the consequences of his misdeeds. The Board will not grant relief on the basis of this issue.


 Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 1105, DISCHARGE ADJUDGED BY SENTENCE OF COURT-MARTIAL , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 950818 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 112a, wrongful use of methamphetamines.
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 Street SE Rm 309
                  Washington, D.C. 20374-5023     


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