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USMC | DRB | 2000_Marine | MD00-00298
Original file (MD00-00298.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD00-00298

Applicant’s Request
The application for discharge review, received 991227, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance before a traveling panel closest to (left blank). The applicant did not list any representative on the DD Form 293. Subsequent to the application, the applicant converted to a documentary discharge review.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000831. 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-Pattern of misconduct (admin discharge board required but waived), authority: MARCORSEPMAN Par. 6210.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. Enclosed are two papers based solely on the circumstances leading up to my separation from service of what other wise might have been a productive military career. So I respectfully ask the Board to please consider my plea. I came from a very emotional and disturbed family. My joining the Marines gave a sense of satisfaction to both myself and family. It was a great accomplishment concerning my career. But there was something lurking in my background I couldn't get away from the fact my father use to torture my family. My mother would later say Viet-Nam changed him. Well while I was overseas my father would finally end the physical pain he caused us by taking his own life. Littler did I know his departure would leave emotional scars that would last life time. My mother was totally dysfunctional without me, and being the oldest of three children placed what felt like the whole world on my shoulders. This new responsibility put upon me from the pressures from thi ordeal placed a great deal of stress surrounding me. I wasn’t allowed a sufficient amount of time to go home and put the pieces of my family together. I asked for counseling only to be denied. So basically I was a young boy with nowhere to turn. Had I received the proper time as well as guidance to deal with my problems I truly believe my conduct, attitude and ability to be the best soldier I could be would have not diminished. Well my mother departed a year later due to the emotional stress of thinking she caused my military career to come to an end.
So for all the things I had endure 14 yrs ago without proper guidance I ask the Board to please take account of all the facts mentioned above when determining my request. Truthfully yours


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of Leave and Earnings Statement

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                830809 - 831101  COG

 Period of Service Under Review :
Date of Enlistment: 831102               Date of Discharge: 860516

 Length of Service (years, months, days):

         Active: 02 06 15
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 44

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.9 (9)                       Conduct: 3.8 (9)

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

Days of Unauthorized Absence: 4

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct-Pattern of misconduct (admin discharge board required but waived), authority: MARCORSEPMAN Par. 6210.3.

 Chronological Listing of Significant Service Events :

850411:  Counseled for deficiencies in performance and conduct. [Lack of motivation, lack of initiative and his inability to cooperate with his superiors and peers. Applicant's persistent minimal effort combined with the mentioned deficiencies has led to continuous substandard performance.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant refused to sign the above entry.
850426:  NJP for violation of UCMJ, Article 108 (2 specs)
 Specification 1: Break a window in a cattle car on 1640, 850426.
Specification 2: Beak a window in a cattle car on 1720, 850416.
Awarded forfeiture of $150.00 per month for 2 months, correctional custody for 30 days. Forfeiture suspended for 6 months. Not appealed.
851001:  Counseled concerning humanitarian TAD, in connection with emergency leave. It was also explained to applicant the procedure and paper work needed for a humanitarian discharge.
851113:  Counseled for deficiencies in performance and conduct. [Failure to correct deficiencies noted 850411. Additionally applicant has been involved in further misconduct through disrespect to NCO's Staff NCO's.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued
851115:  NJP for violation of UCMJ, Article 91 (2 specs):
 Specification 1: Disrespectful in demeanor toward GySgt by saying "If I shoot tomorrow on the range in this state of mind, I'm not going to be responsible for what I might do with a loaded weapon".
Specification 2: Disrespectful in deportment toward Sgt by turning and walking away from Sgt and throwing his cover down the hallway on 851008.
Awarded forfeiture of $100.00 per month for 1 month, restriction for 60 days, reduction to PFC. Not appealed.
851127:  Counseled by Bn Sgt Maj on the proper procedure needed for a humanitarian transfer and humanitarian discharge. Applicant also given copies of all the necessary documents that would be needed to have before justification for a humanitarian transfer or discharge could be approved.
860128:  Counseled for deficiencies in performance and conduct. [Blatantly avoiding his duty by deliberately consuming excessive amounts of another Marine's prescribed medication to the point of nausea, preventing him from participating in platoon PT.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant refused to sign the above statement.
860205:  Special Court-Martial.
         Charge I: violation of the UCMJ, Article 86:
         Specification: Unauthorized absence from 17Jan86 to 21Jan86 (4 days).
         Charge II: violation of the UCMJ, Article 90.
         Specification: Willfully disobey a lawful command on 17Jan86, to wit: not to go out of bounds on a 96 hour liberty.
         Findings: to Charge I and II and specification there under, guilty.
         Sentence: Fine of $100.00 for 2 months, confinement for 60 days, reduction to Pvt.
         CA 860307: Sentence approved and ordered executed except for the findings of guilty of Additional Charge II and the specification there under are disapproved and are dismissed.
860411:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.
860411:          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.

860415:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. The factual basis for this recommendation was two nonjudicial punishments and one special court-martial.

860502:  SJA review determined the case sufficient in law and fact.

860508:  GCMCA Commanding General, 2d MarDiv Camp Lejeune, NC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 860516 under other than honorable conditions for misconduct due to a pattern of misconduct (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 NDRB considered the applicant’s issue detailing the circumstances surrounding his misconduct. The Board found the discharge proper and equitable as issued. The applicant is strongly encouraged to make a personal appearance. The Board recommends that the applicant provide detailed documentation of his post service conduct for the Board’s review. Representation is highly recommended. Relief is not warranted.


 Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6210 MISCONDUCT , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16C), Change 2, effective 15 Apr 84 until 28 Jul 87.

 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 90 and 108(value over 100$).
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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