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USMC | DRB | 2000_Marine | MD00-00099
Original file (MD00-00099.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD00-00099

Applicant’s Request
The application for discharge review, received 991025, 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 000622. 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. However, the Board determined that equitable relief is warranted in this case based upon a review of the member’s complete record, specifically including evidence of outstanding post-service. The Board’s vote was 4 to 1 that the character of the discharge shall change to: UNDER HONORABLE CONDITIONS(GENERAL)/Misconduct – Minor disciplinary infractions (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. I am currently trying to apply in a local college Policy Academy and I am required an Honorable discharge. This discharge must be an Honorable under no conditions.

 To whom it may concern,

My name is (applicant). I am requesting that the discharge of Undesirable/Other than Honorable Conditions I received on October 21,1993 be upgraded to an Honorable Discharge. I am now submitting this request because I am attempting to become a Police Officer. The state of Texas requires that I have no type of discharge lower than that of an Honorable Discharge to be accepted into the Police Academy and employed by the state of Texas as a Police Officer.

At the time of my discharge from the Marine Corp., I was nineteen years old. Since that time I have matured in many ways and deeply regret the mistakes I made and the circumstances under which I was removed from the Marine Corp. in 1993. Yes, I was young, but that is no excuse, nor does it provide any refuge from the consequences of my decision.

I have been continuously employed since 1993 and have developed a strong work ethic. Between 1995 and 1996, I volunteered for the City of Webster Fire Department. While at the fire department I finished sixteen hours of firefighting courses at Texas A & M University. I enjoyed volunteering at the City of Webster, but unfortunately when I moved to a different area of Houston I no longer was within the minimum required distance to respond to an emergency call. In March of 1995, I was hired by Magtech and was employed there until June of 1999. My first two years at Magtech, I worked as a fabricator/assembler, the third year as an Assistant Shop Foreman and the fourth as a salesperson. Also, in 1998 I furthered my education by enrolling and finishing a total of 96 hours in Chemical Processing Technician coursework, which was related to the work I performed at Magtech. In June of 1999, I started working for ILC Dover at NASA in Houston, Texas. There I work as a Product Support Technician/Suit Technician and have recently received a positive ninety-day review. In my few months there, I have completed several courses, such as CPR, physiological training and a Hazard Communications/Emergency Response Awareness Level class. I have also recently married and I have started to review the application process for the Police Academy,

In short, I have both acknowledged and learned from the mistakes I made in the Marine Corp. I am making my best effort to be a productive citizen and to start a family. I would like that effort to include the public service of being a police officer. Sir, I ask you to allow me the chance to progress from the mistake of leaving the Marine Corp., and to some extent to rectify the poor choice I made. I thank you in advance for your time in reviewing and evaluating my application. Please do not hesitate to contact me if any other information is needed.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Job/character reference dated September 30, 1999
Job/character reference dated October 3, 1999
Character reference dated October 15, 1999
Copy of performance review dated September 17, 1999
Copy of certificate of training dated August 16, 1999
Copy of certificate of continuing education dated March 1, 1998
Certificate of successfully completing 8 hours in Firefighting "B" 21 st Annual Harris County Field Day dated March 31, 1996 (2 copies)
Copy of KC-135 Flying Examination card dated August 11, 1999
Copy of Physiological training card with an expiration date of August 31, 2002
Copy of certification card for Hazard Communication/Emergency Response-Awareness Level dated July 29, 1999
Copy of certification card for Cardiopulmonary resuscitation (CPR) dated June 22, 1999
Copy of DD Form 214 (Member 1 and 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                921024 - 921129  COG

 Period of Service Under Review :
Date of Enlistment: 921130               Date of Discharge: 931021

 Length of Service (years, months, days):

         Active: 00 10 22
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 31

 Highest Rank: Pvt

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (1)                       Conduct: 4.2 (1)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: 4

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

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

 Chronological Listing of Significant Service Events :

930330:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence 0630, 18Mar93 to 1700, 22Mar93 (4 days/surrendered).
Awarded forfeiture of $190.00 per month for 1 month, restriction and
extra duties for 14 days. Restriction and extra duties suspended for 6 months. Not appealed.
930405:  Psychiatric eval: A: Depression. P: Psychiatry consultation.

930405:  Vacate restriction and extra duty awarded at NJP dated 30Mar93.

930407:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence 1730, 4Apr93 to 1120, 5Apr93.
Awarded forfeiture of $407.00 per month for 2 months, restriction and
extra duties for 30 days. Forfeiture of $407 for 1 month suspended for 6 months. Not appealed.
930409:  Counseled for deficiencies in performance and conduct. [Lack of dependability, use of poor judgement, lack of esprit decorp, lack of maturity, and conduct of unbecoming of a Marine, which cause you to have been in unauthorized absence status twice for a total of 7 days.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

930413:  Mental Health Department: A: Impression: R/O personality disorder, R/O adjustment disorder. P: Further eval required.

930420:  Mental Health Department: Follow up. A: Impression: Personality disorder NOS, passive-aggressive, avoidant borderline features. P: Recommendations: Unacceptable for continued service. Follow up one week. Addendum: Patient recommended for administrative separation for personality disorder.
930524:  Counseled for deficiencies in performance and conduct. [You have been diagnosed with a personality disorder, not otherwise specified, with passive-aggressive, avoidant and borderline features. This condition is incompatible with further military service. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

 930702:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence 0801-1200, 27Jun93.
Awarded restriction and extra duties for 7 days. Not appealed.
930824:         Applicant notified of intended recommendation for discharge under other
than honorable conditions by reason of misconduct due to minor
disciplinary infractions.

 930824:          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.

930824:  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 your three nonjudicial punishments.

931004:  SJA review determined the case sufficient in law and fact.

931005:  GCMCA [Commanding General, Marine Corps Base, Camp Pendleton, CA] 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 931021 under other than honorable conditions for misconduct due to minor disciplinary infractions (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 Board found, however, that the applicant is deserving of partial relief based on post service conduct. The applicant has maintained a creditable life style and has been a productive member of society. Although the Board decided to grant partial relief, the applicant’s post service conduct does not warrant an upgrade to Honorable. His misconduct while in the military was too significant to be totally excused. The applicant’s discharge shall be upgraded to Under Honorable Conditions (General) but the reason shall remain Misconduct-Minor disciplinary infractions.

The applicant is reminded that he is eligible to appear at a formal hearing panel provided his request is received 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 P1900.16D), 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 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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