Search Decisions

Decision Text

USMC | DRB | 2000_Marine | MD00-00249
Original file (MD00-00249.rtf) Auto-classification: Denied


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


ex-Pvt, USMC
Docket No. MD00-00249

Applicant’s Request
The application for discharge review, received 991214, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing before a Traveling Panel closest to Whiteville, N.C. The applicant did not designate a representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000824. 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, authority: MARCORSEPMAN Par. 6210.2.
The NDRB did note an administrative error on the original DD Form 214. Block 12c, Net Active Service This Period, should read: “01 06 03” vice “01 08 01”. The original DD Form 214 should be corrected or reissued as appropriate.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. I would like to have my discharge upgraded from Under Other Than Honorable Condition to Honorable Discharge for purposes of re-enlistment.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter of Recommendation from Senator R.C. S_, Jr. dtd Dec 3, 1999

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USMCR(J)                940521 - 941031  COG

 Period of Service Under Review :
Date of Enlistment: 941101               Date of Discharge: 960503

 Length of Service (years, months, days):
         Active: 01 06 03
          Inactive: None
Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 32
Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 4.15 (4)             Conduct: 3.95 (4)

 Military Decorations: None
Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.2.

 Chronological Listing of Significant Service Events :

950213:  Counseled concerning use of sick call, with non-verifiable illness, to avoid training. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
950629:  Counseled for deficiencies in performance and conduct [failure to be at the appointed place of duty on time, specifically on 21 and 29 Jun 94, late reporting to work at the Motor Transport Section]. Prior to these two incidents, applicant counseled concerning his continued tardiness. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
951102:  Counseled for deficiencies in performance and conduct [violation of UCMJ Article 86, Article 123 - unauthorized absence, forgery, specifically on 21 and 29 June 94]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
951103:  NJP for violation of UCMJ, Article 86 (2 Specs): Spec 1 - failed to go at the time prescribed to FC 360 at 0600, 30 Sep 95; Spec 2 - unauthorized absence from0700, 951031 to 0900, 951102; violation of UCMJ Article 123: forged 2 checks belonging to LCpl B.D. C_ in the amount of approximately $100.00.
         Award: 30 days correction custody, forfeiture of $482 per month for 2 months, reduction to E-1. No indication of appeal in the record.
951206:  Counseled for deficiencies in performance and conduct [failure to be at appointed place of duty on time, specifically failed to report to work until 0720 on 941206]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
951213:  Counseled for deficiencies in performance and conduct [violation of UCMJ, Article 86, specifically on 8 DEC 95, 10 minutes late for the Battalion Hump]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
960108:  Counseled concerning continuing and frequent misconduct, specifically 2 incidents of UA (pg 11 entries dtd 941206 and 941213, and violating SIQ on 951218 by running errands out in town. Advised being processed for administrative separation due to minor disciplinary infractions.
960424:  SJA review determined the case sufficient in law and fact.

 960425:  GCMCA [COM II MEF, MFL, Camp Lejuene, NC] advised the CMC that the applicant's discharge was directed and applicant will be discharged under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.
 [ADMIN DISCHARGE PACKAGE NOT CONTAINED IN SERVICE RECORD, ONLY THE SEPARATION AUTHORITY AND SJA'S LTR.]

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 960503 under other than honorable conditions for misconduct due to minor disciplinary infractions (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).
In response to applicant’s issue 1, t here is no requirement or law that grants recharacterization solely on the issue of trying to re-enlist and this issue does not serve to provide a foundation upon which the Board can grant relief.

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 95until Present.

B. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 123, for forgery.
C. 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.

D. 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.

 E. 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      


Similar Decisions

  • USMC | DRB | 2002_Marine | MD02-01090

    Original file (MD02-01090.rtf) Auto-classification: Denied

    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. Documentation In addition to the service record (there was a PARTIAL DISCHARGE PACKAGE AVAILABE), 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...

  • USMC | DRB | 1999_Marine | MD99-01245

    Original file (MD99-01245.rtf) Auto-classification: Denied

    Decision A documentary discharge review was conducted in Washington, D.C. on 000525. Chronological Listing of Significant Service Events : 970527: NJP for violation of UCMJ, Article 86:Specification: Unauthorized absence from appointed place of duty, to wit: Formation for Machine Gun Shoot on 0530, 20May97. 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...

  • USMC | DRB | 2003_Marine | MD03-00198

    Original file (MD03-00198.rtf) Auto-classification: Denied

    Issues, as submitted Prior to the documentary discharge review, the Applicant introduced no issues, as block 8 on the DD Form 293 is blank. [Violation of the UCMJ Article 91, 92 dated 930212 disregard to Marine Corps Regulation to include NJP dated 920909 in reference to assault, page 11 entry dated 930122, not being at your appointed place of duty.] The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders...

  • USMC | DRB | 2000_Marine | MD00-00114

    Original file (MD00-00114.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION The applicant’s representative submitted the following as issue 2: (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 his application. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general...

  • USMC | DRB | 2001_Marine | MD01-01126

    Original file (MD01-01126.rtf) Auto-classification: Denied

    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: USMC None Inactive: USMCR(J) 920321 - 921115 COG Period of Service Under Review :Date of Enlistment: 921116 Date of Discharge: 950811 Length of Service (years, months, days):Active: 02 08 26 Inactive: None Necessary corrective actions...

  • NAVY | DRB | 2004 Marine | MD04-00347

    Original file (MD04-00347.rtf) Auto-classification: Denied

    The Applicant requested the characterization of service received at the time of discharge be changed to honorable. PLEASE COMPLETE REVIEW BASED ON AVAILABLE SERVICE RECORDS" box on his DD 293 with regard to additional documentation for the Board’s consideration in his case:Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USMC 860611 - 900626 HON Inactive: USMCR (J) 850621 - 860610 COG Period of Service Under Review...

  • USMC | DRB | 2000_Marine | MD00-00320

    Original file (MD00-00320.rtf) Auto-classification: Denied

    MD00-00320 Applicant’s Request The application for discharge review, received 000105, requested that the characterization of service on the discharge be changed to honorable. Thank you for all of your help in this matter.” The NDRB reviewed the applicant’s service record and found the discharge awarded to be equitable for the applicant’s service. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s...

  • USMC | DRB | 2000_Marine | MD00-00035

    Original file (MD00-00035.rtf) Auto-classification: Denied

    Decision A documentary discharge review was conducted in Washington, D.C. on 000604. The NDRB is under no obligation to upgrade an applicant’s discharge to allow him the opportunity to utilize the G. I. The applicant states that he has learned form his mistakes and the NDRB has no doubt that he has, but the Board must look at the equity and propriety of the discharge to determine if an error occurred which would warant recharacterization of the discharge.

  • NAVY | DRB | 2004 Marine | MD04-01208

    Original file (MD04-01208.rtf) Auto-classification: Denied

    The Applicant requested the characterization of service received at the time of discharge be changed to honorable. Documentation The Applicant did not submit any documentation for the Board to consider. Chronological Listing of Significant Service Events :900419: NJP for violation of UCMJ, Article 92: … having knowledge of a lawful written order … failed to obey the same by drinking while under the legal (age) of 21.Awd red to Pvt, E-1, and forf of $100.00 per month for 2 months.

  • NAVY | DRB | 2004 Marine | MD04-00487

    Original file (MD04-00487.rtf) Auto-classification: Denied

    MD04-00487 Applicant’s Request The application for discharge review was received on 20040128. PART I - APPLICANT’S ISSUES AND DOCUMENTATION Chronological Listing of Significant Service Events :920608: Counseled for deficiencies in performance and conduct: (Attitude, work performance, physical fitness, personal appearance, and discourteous behavior).