Search Decisions

Decision Text

USMC | DRB | 2000_Marine | MD00-00265
Original file (MD00-00265.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD00-00265

Applicant’s Request
The application for discharge review, received 991216, 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 000919. 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

 Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

Documentation
In addition to the service record, NO DISCHARGE INFORMATION AVAILABLE EXCEPT FOR COMMANDING GENERAL'S MESSAGE , 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)                940209 - 940801  COG

 Period of Service Under Review :
Date of Enlistment: 940802               Date of Discharge: 980211

 Length of Service (years, months, days):

         Active: 03 05 29
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

Education Level: 12                        AFQT: 73

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.53 (10)            Conduct: 4.4(10)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, Meritorious Mast, SSDR, GCM, Rifle Marksmanship Badge

Days of Unauthorized Absence: None

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 :

970921:  Counseled for deficiencies in performance and conduct. [Not recommended for promotion to Cpl for 1997 Oct Prom Qtr because of recent NJP] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
971010:  Counseled for deficiencies in performance and conduct. [Not recommended for promotion to Cpl for 1997Prom Qtr because of recent pg 11] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

971023:  Counseled for deficiencies in performance and conduct. [Not recommended for promotion to Cpl for 1997Nov Prom Qtr because of recent NJP] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

971221:  Counseled for deficiencies in performance and conduct. [Not recommended for promotion to Cpl for 1997Jan Prom Qtr because of recent NJP] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

971121:  Counseled for deficiencies in performance and conduct. [Not recommended for promotion to Cpl for 1997 Dec Prom Qtr because of recent NJP] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

980113:  GCMCA [Commanding General, 3d Marine Aircraft Wing] 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 980211 under other than honorable conditions in lieu of trial by court-martial (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 introduced no decisional issues for consideration by the Board.

 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. 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      


Similar Decisions

  • USMC | DRB | 1999_Marine | MD99-01150

    Original file (MD99-01150.rtf) Auto-classification: Denied

    MD99-01150 Applicant’s Request The application for discharge review, received 990825, requested that the characterization of service on the discharge be changed to general/under honorable conditions. PART I - APPLICANT’S ISSUES AND DOCUMENTATION Specification 2: Use of marijuana Charge II: violation of the UCMJ, Article 86 Specification: Unauthorized absence.

  • USMC | DRB | 1999_Marine | MD99-00524

    Original file (MD99-00524.rtf) Auto-classification: Denied

    941011: Counseled concerning deficiency (unsatisfactory progress while assigned to weight control program; overall poor attitude and lack of motivation/willingness to lose weight), advise of assistance available and corrective actions. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 950915 with a general (under honorable conditions) due to unsatisfactory performance due to weight control failure. After a thorough review of the...

  • USMC | DRB | 1999_Marine | MD99-00524 (1)

    Original file (MD99-00524 (1).rtf) Auto-classification: Denied

    941011: Counseled concerning deficiency (unsatisfactory progress while assigned to weight control program; overall poor attitude and lack of motivation/willingness to lose weight), advise of assistance available and corrective actions. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 950915 with a general (under honorable conditions) due to unsatisfactory performance due to weight control failure. After a thorough review of the...

  • USMC | DRB | 1999_Marine | MD99-01257

    Original file (MD99-01257.rtf) Auto-classification: Denied

    MD99-01257 Applicant’s Request The application for discharge review, received 990930, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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. You should read Enclosure (5) of the Directive before submitting such a complaint.

  • USMC | DRB | 2001_Marine | MD01-00234

    Original file (MD01-00234.rtf) Auto-classification: Denied

    I knew and tried to explain to my unit that if I was transferred I would never get to see my son again. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Circuit Court, Fifth Judicial Circuit, Lake County, Florida Final Judgment dtd 20 Jul 2000 Visitation ScheduleCopy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive:...

  • USMC | DRB | 2003_Marine | MD03-01491

    Original file (MD03-01491.rtf) Auto-classification: Denied

    MD03-01491 Applicant’s Request The application for discharge review was received on 20030909. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 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).Issue 1: The Applicant’s discharge characterization accurately reflects his service...

  • NAVY | DRB | 2004 Marine | MD04-00101

    Original file (MD04-00101.rtf) Auto-classification: Denied

    MD04-00101 Applicant’s Request The application for discharge review was received on 20031017. PART I - APPLICANT’S ISSUES AND DOCUMENTATION 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: None Inactive: USMCR(J) 970829 - 970914 COG Period of Service Under Review :Date of Enlistment:...

  • USMC | DRB | 2000_Marine | MD00-00357

    Original file (MD00-00357.rtf) Auto-classification: Denied

    MD00-00357 Applicant’s Request The application for discharge review, received 000121, requested that the characterization of service on the discharge be changed to honorable. 831017: NJP for violation of UCMJ, Article 86:Specification: Unauthorized absence from 0400, 22Sep83 to 0400, 23Sep83 (1 day).Violation of UCMJ, Article 92: Specification: Violated BO P5000.2F by operating a M-51 dump truck without proper license on 1130, 27Jun83.Awarded correctional custody for 30 days, reduction to...

  • USMC | DRB | 1999_Marine | MD99-01184

    Original file (MD99-01184.rtf) Auto-classification: Denied

    MD99-01184 Applicant’s Request The application for discharge review, received 990903, requested that the characterization of service on the discharge be changed to general/under honorable conditions. PART I - APPLICANT’S ISSUES AND DOCUMENTATION This discharge was based on his conduct during this enlistment.

  • USMC | DRB | 2002_Marine | MD02-00514

    Original file (MD02-00514.rtf) Auto-classification: Denied

    MD02-00514 Applicant’s Request The application for discharge review, received 020305, requested that the characterization of service on the discharge be changed to honorable. PART I - APPLICANT’S ISSUES AND DOCUMENTATION 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 108, disposition of military property, Article 121, larceny, Article...