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USMC | DRB | 2000_Marine | MD00-00030
Original file (MD00-00030.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD00-00030

Applicant’s Request
The application for discharge review, received 991004, 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 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 OTHER THAN HONORABLE CONDITIONS/Misconduct-Pattern of misconduct (with admin discharge board), authority: MARCORSEPMAN Par. 6210.3.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. I had drug/alcohol problem in the military. Since discharge I have attained counseling and I am a sober productive member of society. I did not realize this discharge was not automatically upgraded. Thank you!

I also have a service connected Disability that I plan on pursuing.


 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: None
         Inactive: USMCR(J)                861122 - 870504  COG

 Period of Service Under Review :
Date of Enlistment: 870505               Date of Discharge: 890630

 Length of Service (years, months, days):

         Active: 02 01 26
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 94

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMF                           Conduct: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 28

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

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

 Chronological Listing of Significant Service Events :

880320:  Counseled for deficiencies in performance and conduct. [Your continual involvement of a discreditable nature with military and/or civilian authorities.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
880415:  Applicant to unauthorized absence 0515, 15Apr88.

 880418:  Applicant from unauthorized absence 0730, 18Apr88 (3 days/surrendered).
880620:  Applicant to unauthorized absence 0731, 20Jun88.

 880622:  Applicant from unauthorized absence 1545, 22Jun88 (2 days/surrendered).
880622:  Counseled for deficiencies in performance and conduct. [Failure to be at appointed place of duty on several occasions. Inability to deal with the normal stress associated with being a Marine. This lack of self discipline has resulted in continued substandard performance.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
880816:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence 0445-1330, 4Aug88 from appointed place of duty to wit: rifle range detail.
Violation of UCMJ, Article 112a: Use amphetamines/methamphetamines on or about 30 days prior to 15Jun88 and 28Jun88.
Awarded forfeiture of $200.00 per month for 2 months, restriction and extra duties for 30 days, reduction to Pvt. Forfeiture of $100.00 pay per month for a period of 2 months, extra duty for 20 days suspended for 6 months.
890203:  Counseled for deficiencies in performance and conduct. [Personality disorder.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
890224:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence 2145, 4Feb89 from appointed place of duty, to wit: restricted muster.
Violation of UCMJ, Article 91: Disrespectful towards Cpl by spitting on his chest on 1Feb89.
Violation of UCMJ, Article 92: Disobey the lawful order given by Cpl to sit down on 1Feb89.
Violation of UCMJ, Article 121: Steal a table from the first deck lounge on 27Jan89.
Violation of UCMJ, Article 134: Break restriction on 0710, 5Feb89.
Awarded forfeiture of $349.00 per month for 2 months, restriction and extra duties for 22 days. Not appealed.
890313:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 92.
         Specification: Consuming alcohol on 8Mar89.
         Charge II: violation of the UCMJ, Article 108:
         Specification: Wrongfully damage a glass window, by placing her fist through a door window on 8Mar89.
         Charge III: violation of the UCMJ, Article 134: Drunk and disorderly on 9Mar89.
         Finding: to Charge I, II and III and the specifications thereunder, guilty.
         Sentence: Forfeiture of $466.00, confinement at hard labor for 30 days.
         CA action 890324: Sentence approved and ordered executed.

890630:  DD Form 214: Discharged under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

 Discharge package missing.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 890630 under other than honorable conditions 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 NDRB is authorized to consider post-service factors in the recharacterization of a discharge (D). However, there is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. The applicant has not provided any documentation to substantiate her post-service claims. Relief denied.

Her claim of a physical disability is not an issue this Board can consider.

The applicant is reminded that she is eligible for a personal appearance hearing within 15 years from the date of her discharge. Documentation of her post-service factors is essential to support her claims.

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. 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 view DoD Directive 1332.28 and other Decisional Documents by going online at “ afls14.jag.af.mil ”.

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
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023      


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