Search Decisions

Decision Text

USMC | DRB | 1999_Marine | MD99-01190
Original file (MD99-01190.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD99-01190

Applicant’s Request
The application for discharge review, received 990903, requested that the characterization of service on the discharge be changed to 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 000525. 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 HONORABLE CONDITIONS(GENERAL)/Misconduct-Pattern of misconduct (with administrative discharge board), 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:
None
PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                870519 - 870928  COG

 Period of Service Under Review :
Date of Enlistment: 870929               Date of Discharge: 891207

 Length of Service (years, months, days):

         Active: 02 02 09
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

Education Level: 12                        AFQT: 50

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (4)              Conduct: 4.4 (4)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Expert Badge

Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS(GENERAL)/Misconduct-Pattern of misconduct (with administrative discharge board), authority: MARCORSEPMAN Par. 6210.3.

 Chronological Listing of Significant Service Events :

880322:  Counseled for deficiencies in performance and conduct. [For failure to comply with AO P11101.5A by having a male guest in your room, an unauthorized area for male personnel]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

880322:  NJP for violation of UCMJ, Article 134: Wrongfully allowed a male guest to enter her room, Room No. 332, Bks M-430, PASCo, MCSSS, MCB, CamLej, 0015, 880310, an unauthorized area for male personnel.
         Award: Forfeiture of $300.00 per month for 2 months, restriction for 30 days. Not appealed.

880419:  Counseled for deficiencies in performance and conduct. [Your violation of Articles 86, 92, and 134 of the UCMJ]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued
880419:  NJP for violation of UCMJ, Article 134 (3 Specifications), Broke restriction 0900, 880402; 0700, 880409; and 0900, 880409; violation of UCMJ Article 86: Failed to go at the time prescribed to her appointed place of duty; violation of UCMJ Article 92: Wrongfully and unlawfully disobeying a lawful order by allowing a male guest to enter her room.
         Award: Forfeiture of $300.00 per month for 2 months, reduction to E-1. Not appealed.
890209:  NJP for violation of UCMJ, Article 91: Disrespectful in language toward Sgt B______, a Noncommissioned Officer.
         Award: Forfeiture of $182.00 per month for 1 month, restriction for 14 days. Not appealed.

890828:  NJP for violation of UCMJ, Article 92: Disrespect in language toward WO I______.
         Award: Forfeiture of $391.00 pay per month for 2 months (forfeiture of $391.00 pay per month for 1 month suspended for 6 months), restriction and extra duty for 30 days, reduction to E-2, and to be orally reprimanded. No indication of appeal in the record.

890920:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.
890920:          Applicant advised of her rights and having not consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
890920:  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 your nonjudicial punishments of 880322, 880419, 890209 and 890828, and your adverse page 11 entries of 880322 and 880419.

891017:  An Administrative Discharge Board considered the matters presented and found the allegations set forth in the notice of proposed separation were supported by a preponderance of the evidence, and recommended discharge under honorable conditions (general) discharge.

891115:  SJA review determined the case sufficient in law and fact.

891116:  GCMCA [Commander, 2d Force Service Support Group], directed the applicant's discharge under honorable conditions (General) 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 891207 under honorable conditions (general) for misconduct due to a pattern of misconduct (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 introduced no decisional issues for consideration by the Board. The Board did note that the applicant believes that she received an other than honorable conditions discharge. This is not true, she received an under honorable conditions (general) discharge. Relief denied.

The applicant is reminded that she is eligible for a personal appearance hearing provided her request is received at the NDRB within 15 years from the date of discharge. Representation is highly encouraged.

 Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6210, Misconduct , 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     

Similar Decisions

  • USMC | DRB | 2002_Marine | MD02-00756

    Original file (MD02-00756.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION I M_ S. S_, would like the Board to review my discharge from the Marine Corps. At this time, the Applicant has not provided such documentation for the Board to consider.

  • NAVY | DRB | 2004_Navy | ND04-00503

    Original file (ND04-00503.rtf) Auto-classification: Denied

    D_ N_ (Applicant)” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: None Active: None Period of Service Under Review :Date of Enlistment: 880725 Date of Discharge: 900424 Length of Service (years, months, days): Active: 01 08 29 Inactive: 00 04 22 Age at Entry: 18 Years Contracted: 8...

  • NAVY | DRB | 1999_Navy | ND99-00407

    Original file (ND99-00407.rtf) Auto-classification: Denied

    (EQUITY ISSUE) This former member further requests that the Board include provisions of SECNAVINST 5420.174C., enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of her application. 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).In the applicant’s issue 1, the Board determined this issue is without merit. During the list...

  • NAVY | DRB | 1999_Navy | ND99-01197

    Original file (ND99-01197.rtf) Auto-classification: Denied

    880414: NJP for violation of UCMJ, Article 128: Assault on another service member at or about 1600, 880322, violation of UCMJ Article 134: Drunk and disorderly at 1600, 880322.Award: Forfeiture of $336.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. 880428: CNMPC 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...

  • USMC | DRB | 2003_Marine | MD03-01228

    Original file (MD03-01228.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 890825: An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to a pattern of misconduct, that the misconduct warranted separation, and recommended discharge under other than honorable conditions. After a thorough review of the records, supporting...

  • USMC | DRB | 1999_Marine | MD99-00881

    Original file (MD99-00881.rtf) Auto-classification: Denied

    Decision A documentary discharge review was conducted in Washington, D.C. on 000410. Age at Entry: 18 Years Contracted: 4 Education Level: 12 AFQT: 41 Highest Rank: LCpl Final Enlisted Performance Evaluation Averages (number of marks): Proficiency: 4.4 (9) Conduct: 4.1 (9) Military Decorations: None Unit/Campaign/Service Awards: SSDR, NUC, Rifle Marksmanship Badge Days of Unauthorized Absence: None Character, Narrative Reason, and Authority of Discharge (at time of issuance):UNDER OTHER...

  • NAVY | DRB | 1999_Navy | ND99-00108

    Original file (ND99-00108.rtf) Auto-classification: Denied

    Chronological Listing of Significant Service Events :880518: Applicant ordered to active duty for 36 months under the Active Mariner Program.890209: NJP for violation of UCMJ, Article 90: Disobedience of a superior commissioned officer. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 891107 under other than honorable conditions for misconduct due to a pattern of misconduct (A). After a thorough review of the records, supporting...

  • NAVY | DRB | 2004_Navy | ND04-00364

    Original file (ND04-00364.rtf) Auto-classification: Denied

    880326: Applicant to unauthorized absence 0700, 880326.880327: Applicant from unauthorized absence 0140, 880327.880419: Vacate suspended reduction to E-2 awarded at CO’s NJP dated 880114 due to continued misconduct. No indication of appeal in the record.890426: NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 890419, tested positive for cocaine.880429: Vacate suspended reduction to E-1 awarded at CO’s NJP dated 880419 due to continued misconduct.890720: NJP for...

  • NAVY | DRB | 2001_Navy | ND01-00908

    Original file (ND01-00908.rtf) Auto-classification: Denied

    The applicant requested a documentary record discharge review. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 891201 under other than honorable conditions for misconduct due to a pattern of misconduct (A). 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’s issue states: “At the time of my...

  • NAVY | DRB | 2002_Navy | ND02-01025

    Original file (ND02-01025.rtf) Auto-classification: Denied

    ND02-01025 Applicant’s Request The application for discharge review, received 020711, requested that the characterization of service on the discharge be changed to honorable. 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 Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her...