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USMC | DRB | 2000_Marine | MD00-00255
Original file (MD00-00255.rtf) Auto-classification: Denied


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


ex-PFC, USMC
Docket No. MD00-00255

Applicant’s Request
The application for discharge review, received 991214, requested that the characterization of service on the discharge be changed to general/under honorable conditions and entry level separation or uncharacterized. The applicant requested a documentary record discharge review. The applicant listed 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 OTHER THAN HONORABLE CONDITIONS/IN LIEU OF TRIAL BY COURT-MARTIAL, authority: MARCORSEPMAN Par. 6419.





PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. I am on my own and I can't afford to pay for college.

 2. With my current discharge, I can't obtain a good enough job to meet civilian standards.

3. I regret leaving the Marine Corp (sic) because I thought I was placing what was right for my deceased girl friend (cancer) in order to take care of her. I realize that the Corp may not need me, but I truely need the Corp.

4. I want to stand on my feet as a man and depend on no one.

5. 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:

•         The applicant's judgment at the time of the incident that led to his discharge was impaired because he scared and worried about the illness of his pregnant girlfriend and his father.
•         The applicant turned himself in to authorities and accepts responsibility for his actions.
•         We ask the Board to consider the applicant's personal statements and the letter from SSG C_ attesting to the fact that he would go to combat with the applicant.
6. 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:
Statement from applicant dated December 2, 1999
 Statement from applicant, December 21, 1999
 Statement from applicant dated October 3, 1999
Letter from Staff Sergeant dated June 4, 1999
 Statement from applicant, undated
 Statement from applicant dated April 2, 2000
 Statement from applicant to VFW dated April 23, 2000
 Statement from applicant, undated
Statement to Commanding Officer from GySgt H_ dated November 30, 1998
 Eighteen pages from applicant's service record
 DD Form 149

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USMCR(J)                970711 - 980607  COG
Period of Service Under Review :
Date of Enlistment: 980608               Date of Discharge: 990129

 Length of Service (years, months, days):
         Active: 00 07 22
          Inactive: None
Age at Entry: 19                          Years Contracted: 4
Education Level: 12                        AFQT: 31

 Highest Rank: PFC
Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.0 (3)                       Conduct: 3.7 (3)
Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 52

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

UNDER OTHER THAN HONORABLE CONDITIONS/IN LIEU OF TRIAL BY COURT-MARTIAL, authority: MARCORSEPMAN Par. 6419.
Chronological Listing of Significant Service Events :

981110:  Applicant declared a deserter on 981110 having been an unauthorized absentee since 0001, 981010.
981201:  Applicant surrendered to military authorities on 981201 (2345) at HqSptBn, MCB, Camp Lejeune, NC.
990106:  Applicant, having consulted with counsel certified under UCMJ Art 27b, requested discharge for the good of the service to escape trial by court- martial. In the request the applicant noted that his counsel had fully explained the elements of the offenses for which he was charged and that he understood the elements of the offenses. He further certified a complete understanding of the negative consequences of his actions and that characterization of service would be under other honorable conditions. The applicant admitted guilt to the following violations of the UCMJ, Article 86: Unauthorized absence 0001, 981010 until 2345, 981201.
990126:  GCMCA [Commander, Marine Corps Base, Camp Lejeune, NC] determined that applicant had no potential for further service, that separation in lieu of trial by court-martial was in the best interest of the service, and directed discharge under other than honorable conditions by reason of conduct triable by courts-martial.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 990129 under other than honorable conditions in lieu of trial by court-martial (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’s representative submitted the following as Issue 5: (EQUITY ISSUE). This former member further requests that the Board include provisions of SECNAVINST 5420.174C., enclosure (1), Chapter 9 IAW SECNAV Instruction 5420.174C of 22 August 1984 (MDR 1984), enclosure (1), chapter 9, paragraph 9.3, Equity of Discharge.
The Board made a thorough review of the applicant’s Service Records, as well the several letters the applicant, his father and SSgt C_ wrote to the Board. While the Board welcomes the applicant’s acceptance of responsibility for his actions, clearly, desertion is not credible service and is not mitigated by the applicant’s stated reasons. The discharge awarded was equitable. Relief denied.
The applicant’s representative submitted the following as Issue 6: (PROPRIETY ISSUE). This former member requests 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. The Board conducted a thorough review of all appropriate documentation of the applicant’s discharge and Service Records and found no impropriety. Relief denied.

While the applicant submitted several issues, centering on his inability to gain employment and live an independent life, these issues are not appropriate for decision by the Board. The stated objective of all the applicant’s submitted documentation is to demonstrate that the applicant wishes to reenlist in the United States Marine Corps. The Board provides the following in response. Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reentry into the naval service or any other of the Armed Forces. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy or Marine Corps. Reenlistment policy of the naval service is promulgated by the Bureau of Naval Personnel, Pers-282, 5720 Integrity Drive, Millington, TN 38055, and the Commandant, United States Marine Corps, Code MMEA, 3280 Russell Road, Quantico, VA 22134. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

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 a personal appearance hearing is highly recommended.



Pertinent Regulation/Law (at time of discharge)
A. Paragraph 6419, SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective
18 Aug 95 until 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 86, unauthorized absence for more than 30 days.
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      


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