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USMC | DRB | 2000_Marine | MD00-00190
Original file (MD00-00190.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD00-00190

Applicant’s Request
The application for discharge review, received 991119, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to seperation. The applicant requested a documentary record discharge review. The applicant listed the Division of Veteran's Affairs 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: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.6.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

Prior to the documentary discharge review, the applicant and representative 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:
Statement from applicant dated August 6, 1999
Copy of DD Form 214 (2 copies)
Copy of results of Special Court-Martial trial dated January 20, 1999
Letter to defense counsel dated September 11, 1998
List of services provided to applicant for August 17, 1998 to August 27, 1998
Copy of stragglers order dated September 14, 1998
Memorandum from Sgt. Marine Corps Absentee Collection Unit dated August 8, 1998
Copy of affidavit from applicant dated July 31, 1998
Copy of congressional response dated November 11, 1995
Copy of congressional response dated January 23, 1996
Letter forwarding response from the Department of the Navy dated January 29, 1996
Letter to Brigadier General R_ dated November 1, 1995
Letter to applicant dated November 1, 1995
Thirteen page statement from applicant
Copy of restraint muster record dated September 16, 1998
Two page statement from applicant dated October 20, 1998
Copy of email re: congrint on applicant dated November 21, 1995
Copy of Molly Marine award dated October 7, 1994
Copy of one page of medical records
PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USA                        921201 - 930521  ELS
         Inactive: USMCR(J)                940328 - 940710  COG

 Period of Service Under Review :
Date of Enlistment: 940711               Date of Discharge: 990205

 Length of Service (years, months, days):

         Active: 04 06 25
         Inactive: None

 Age at Entry: 29                          Years Contracted: 4

 Education Level: 12                        AFQT: 65

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMF                           Conduct: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, NDSM, JMU, HSM

 Days of Unauthorized Absence: 676

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.6.

 Chronological Listing of Significant Service Events :

960626:  Medical Board: Final Diagnosis: Axis I: Depressive disorder, not otherwise specified, DNEPTE, Axis II: No diagnosis, Axis III: Intermittent bilateral hip pain.

 991206:  Applicant declared a deserter.

 990120:  Special Court-Martial.
         Charge I: violation of the UCMJ, Article 86:
         Specification: Unauthorized absence from 0701, 7Nov96 until 1300, 14Sep98 (675 days/surrendered).
         Findings: to Charge I and specification thereunder, guilty.
         Sentence: To be reprimanded.
         CA 990120: Sentence approved and ordered executed.

990203:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of misconduct due to the commission of a serious offense.
990203:          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.

990203:  Commanding officer recommended discharge general (under honorable conditions) by reason of misconduct due to the commission of a serious offense. The factual basis for this recommendation was your conviction at special court-martial on 20 January 1999 for a period of unauthorized absence in excess of 22 months.

990204:  SJA review determined the case sufficient in law and fact.

990204:  GCMCA [Commanding General, Marine Corps Base, Camp Pendleton, CA] directed the applicant's discharge general (under honorable conditions) by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 990205 general (under honorable conditions) for misconduct due to the commission of a serious offense (A and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).

The applicant introduced no decisional issues for consideration by the Board.

The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (E). The applicant must be aware that 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. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB. The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.



Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6210, MISCONDUCT of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95 until present).

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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