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USMC | DRB | 1999_Marine | MD99-01184
Original file (MD99-01184.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD99-01184

Applicant’s Request
The application for discharge review, received 990903, 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 000512. 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/Conduct triable by courts-martial (request for discharge for the good of the service), authority: MARCORSEPMAN Par. 6419.

The NDRB did note an administrative error on the original DD Form 214. Block 12a, Date Entered AD This Period should read: ”85 07 23" vice "82 07 08", Block 12c. Net Active Service This Period should read: "07 03 01", Block 18, Remarks should read: "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 85 07 23 UNTIL 91 10 03", Block 25, Separation Authority should read: "MARCORSEPMAN Par. 6419" vice "MCO P1900.16D". The original DD Form 214 should be corrected or reissued as appropriate.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. The provisions of the order under which I was discharged called for my discharge type to be based upon my whole years of service, not just a 3 month period riddled with personal problems.

 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: USMC              870725 - 911003  HON
                  USMC             850723 - 870724  HON
                  USMC             820708 - 850722  HON
         Inactive: USMCR(J)                811231 - 820707  COG

 Period of Service Under Review :
Date of Enlistment: 911004               Date of Discharge: 921023

 Length of Service (years, months, days):

         Active: 01 00 20
         Inactive: None

 Age at Entry: 26                          Years Contracted: 3

 Education Level: 12                        AFQT: 72

 Highest Rank: Sgt

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: N/A                           Conduct: N/A     Fitness reports available to Board

 Military Decorations: None

 Unit/Campaign/Service Awards: NCEM, SSDR (2), MUC (2), GCM (2), NAM (3), NDSM, MM (3), Letter of Appreciation, Certificate of Appreciation

 Days of Unauthorized Absence: 15

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

UNDER OTHER THAN HONORABLE CONDITIONS/Conduct triable by courts-martial (request for discharge for the good of the service), authority: MARCORSEPMAN Par. 6419.


 Chronological Listing of Significant Service Events :

920603:  Counseled for deficiencies in performance and conduct. [Habitual tardiness.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920901:  Counseled for deficiencies in performance and conduct. [Use of cocaine as identified by urinalysis NAVDRUGLAB msg 171101ZJul92 and my use of marijuana as identified by urinalysis NAVDRUGLAB msg 170709ZAug92.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920901:  Counseled for deficiencies in performance and conduct. [Alcohol related incident, specifically drunk and disorderly on 19Jul92] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920909:  Counseled for deficiencies in performance and conduct. [Recommendations of the Family Advocacy Case Review Subcommittee Report of 27Agu92.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

921013:  Applicant, having consulted with counsel certified under UCMJ Art 27b, requested discharge for the good of the service to escape trial by court- martial. In the request the applicant noted that his counsel had fully explained the elements of the offenses for which he was charged and that he understood the elements of the offenses. He further certified a complete understanding of the negative consequences of his actions and that characterization of service would be under other honorable conditions. The applicant admitted guilt to the following violations of the UCMJ, Article 86 (9 specs): Fail to go at the time prescribed to his appointed place of duty on 1600, 2Jun92; 1600, 9Jun92; 1600, 16Jun92; 1600, 23Jun92; 1600, 30Jun92; 1600, 7Jul92; 1600, 14 July; 1600, 21Jul92; 1600, 28Jul92, to wit: Counseling and Assistance Center Aftercare group session; UCMJ, Article 91 (2 specs): Willfully disobey a lawful order on 19Jul92; UCMJ, Article 134: Drunk and disorderly on 19Jul92.

921019:  GCMCA Commander Fleet Air, Caribbean determined that applicant had no potential for further service, that separation in lieu of trial by court-martial was in the best interest of the service, and directed discharge under other than honorable conditions by reason of conduct triable by courts-martial.

921020:  Applicant issued a restraining order making residence and any establishment serving alcohol on base is off limits.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 921023 under other than honorable conditions in lieu of trial by court-martial (A). The Board presumed regularity in the conduct of governmental affairs (B). 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 (C and D).

The applicant believes that his discharge should be based on his entire years of service. The applicant is mistaken. Paragraph 1004.2 of the Marine Corps Separation and Retirement Manual states that the characterization of service is based on the quality of performance and conduct during an enlistment. The applicant enlisted on 911004 for 3 years. This discharge was based on his conduct during this enlistment. Relief denied.


Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6419, SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16D), effective 27 Jun 89 until 17 Aug 95.

B. 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.

C. 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.

D. 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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