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USMC | DRB | 2000_Marine | MD00-00166
Original file (MD00-00166.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD00-00166

Applicant’s Request
The application for discharge review, received 991112, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant designated the Veterans of Foreign Wars as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000817. 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)/Fulfillment of Service Obligation service, authority: MARCORSEPMAN Par. 1005.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I wish to have discharge upgrade to Honorable. I am attempting to form my own company to peddle material in the State and have been advised my discharge must be Honorable.

2. IAW SECNAV Instruction 5420.174C of 22 August 1984 (MDR 1984), enclosure (1), chapter 9, paragraph 9.3, Equity of discharge, we ask the Board to consider the following factors:
•         Clemency is warranted because the applicant is suffering adverse consequences of his bad discharge. Reference his attempt to form his own company. His discharge is preventing him form expanding his business to government contracting.

3. We ask the Board to consider the applicant's case IAW SECNAV Instruction 5420.174C of 22 August 1984 (MDR 1984), enclosure (1), chapter 9, paragraph 9.2, Propriety of Discharge.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Letter from Applicant's Mother (M_ L_) dtd 28 Feb 2000
Character Reference from D_ L_, Human Resource Administrator dtd Nov 29, 1999
Character Reference from E_ H. M_, Essex County New Jersey Prosecutors Office dtd Dec 7, 1999
Character Reference from co-worker, C_ M_, Essex County College dtd Feb 3, 2000
Character Reference from Supervisor, E_ M. V_ G_, Director, Essex County College dtd Dec 3, 1999
Character Reference from co-worker, M_ C_, Associate Dir, EEC, Training Inc, Essex County College dtd Dec 1, 1999
Character Reference from S_ C_ P_, Job Development Coordinator, Essex County College, dtd Dec 2, 1999
Character Reference from T_ S_, Teacher/Advisor, Essex County College, dtd Dec 2, 1999
Character Reference from M_ A_, co-worker, dtd Dec 2, 1999
Character Reference from M_ M. P_, undated
Character Reference f rom B_ K. C_, Job Developer, Essex County College, dtd Dec 3, 1999
Character Reference from B_ S_ dtd Dec 3, 1999
Character Reference from J_ G_, Human Resource, dtd Dec 3, 1999
Seafield Services ltr of Dec 3, 1999, concerning applicant's successful completion of alcohol treatment
Applicant's Essex County College transcript
Applicant's Microsoft NT score
Applicant's Computing Technology Industry Association Certification (2 pages)
Essex County College Training Certificates (7 certificates)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: Army NYARNG      800702 - 801210  HON
         Inactive: Army NYARNG    791024 - 800701  To ACDU
                  Army NYARNG     801211 - 810303  COG

 Period of Service Under Review :
Date of Enlistment: 810304               Date of Discharge: 870305

 Length of Service (years, months, days):

         Active: 04 00 00 (Doesn't exclude lost time)
         Inactive: 02 00 00

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 10                        AFQT: 46

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.05 (10)            Conduct: 3.75 (10)

 Military Decorations: None

 Unit/Campaign/Service Awards: MUC, MCEM (Lebanon), HSM SSDR(w/2 stars)

Days of Unauthorized Absence: 2

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

UNDER HONORABLE CONDITIONS (GENERAL)/Fulfillment of Service Obligation, authority: MARCORSEPMAN Par. 1005.

 Chronological Listing of Significant Service Events :

820531:  Counseled for continued superior performance as a Marine as demonstrated by his outstanding professional knowledge and ability in his occupational field, and by his outstanding appearance in the Commanding Generals pre-deployment inspection in March.

830124:  Counseled on not being recommended for promotion to Cpl for the 1983 Feb promotion period due to lack of initiative, force, judgement and enthusiasm.

830321:  Counseled on not being recommended for promotion to Cpl for the May 1983 promotion period due to lack of leadership qualifies and poor judgement.

830617:  NJP for violation of UCMJ, Article 134 (2 specs): Spec 1 - did at MCAS Kanhi on 830511 wrongfully possess marijuana and Spec 2 - did at MCAS Kanhi between 830412 and 830511 wrongfully use marijuana;
         violation of UCMJ, Article 121: at MCAS Kanhi, 830511, found in possession of stolen cammies, a gas stove (gov't), mess utility uniform and a stolen canteen cup; violation of UCMJ Article 91: At MCAS Kanhi, on 830511, was disrespectful to Cpl L_ by saying to him "You're an asshole", or words to that effect.
Awarded reduction to E-2, forfeiture of $321.00 per month for 2 months, restriction for 60 days and to be issued a punitive letter of reprimand. Not appealed.
830707:  Counseled for deficiencies in performance and conduct [use of marijuana, involvement in theft and indebtedness to fellow Marines]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

 840221:  NJP for violation of UCMJ, Article 86 (3 specs):
 Specification 1: UA from 0645, 840208 to 2000, 840208 from this org.
Specification 2: UA from 0530, 840210 to 1130, 840210 from this org.
Specification 3: did at 3rdBN, 2rdMar, 1stMarBde, fail to go at the prescribed time to guard duty post #4 Bldg 24006 at 0230, 840212.
Awarded reduction to E-2, restriction and extra duties for 30 days. Not appealed.
840223:  Counseled for deficiencies in performance and conduct [unsatisfactory performance of duty, due to his frequent involvement, immaturity and lack of motivation.]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

840424:  Counseled for deficiencies in performance and conduct [UA, disrespect, indebtedness, possession of marijuana and theft]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

841021:  NJP for violation of UCMJ, Article 86: UA 0601, 841015 to 1640, 841015, from CoI, lstMarBde, FMF, while at NAS Cubi Point, R.P.
         Award: Forfeiture of $156 per month for 1 month, restriction and extra duty for 14 days. Not appealed.
850225:  NJP for violation of UCMJ, Article 86 (3 specs):
 Specification 1: UA from 0800, 850205 to 0800, 850206
Specification 2: UA from 0800, 850220 to 1552, 850221
Specification 3: UA from 0600, 850222 to 0900, 850222 with intent to avoid Bn PT formation.
Awarded forfeiture of $130.00 per month for 1 month, restriction for 5 days. Not appealed.
850305:  Applicant Released from Active Duty with a General (Under Honorable Conditions) by reason of Completion of Obligated Active Duty and transferred to the Marine Corps Reserves to serve until 5 March 1987.
870305:  Applicant discharged from the Marine Corps Reserve with a General (Under Honorable Conditions) by reason of Fulfillment of Service Obligation.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 870305 with a General (Under Honorable Conditions) due to Fulfillment of Service Obligation (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’s issue, and that of his representative, is that he warrants clemency because he is suffering the adverse affects of his bad discharge. The discharge the applicant was issued was a general discharge, not a bad discharge, as stated. The applicant’s discharge was based on the type warranted by service record. The applicant’s average proficiency and conduct marks were 4.1/3.8 respectively. To warrant an honorable discharge the average conduct mark must be no lower that 4.0. The discharge clearly characterizes his service in the Marine Corps. Relief denied.

The applicant should consider himself lucky that he did not receive an under other than honorable (OTH) discharge. His NJP for use of marijuana normally warrants such a discharge.


 Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 1005, DISCHARGE FOR EXPIRATION OF ENLISTMENT OR FULFILLMENT OF SERVICE OBLIGATION , Marine Corps Separation and Retirement Manual, (MCO P1900.16C, Change 1, effective 830406 until 890626).
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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