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USMC | DRB | 2000_Marine | MD00-00320
Original file (MD00-00320.rtf) Auto-classification: Denied


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

ex-SSgt, USMC
Docket No. 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. 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 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 HONORABLE CONDITIONS (GENERAL)/Misconduct – Minor disciplinary infractions (with admin discharge board), authority: MARCORSEPMAN Par. 6210.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. I am requesting that my discharge be upgraded to an Honorable Discharge. I would also like to request a copy of my SSGT. Warrant. I never received one at the only one I'm missing to complete my collection. Thank you for all of your help in this matter. Sincerely

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              771029 - 810219  HON
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 810220               Date of Discharge: 860214

 Length of Service (years, months, days):

         Active: 04 11 25
         Inactive: None

 Age at Entry: 27                          Years Contracted: 6

 Education Level: 12                        AFQT: 47

 Highest Rank: Sgt

 Final Enlisted Performance Evaluation Averages : Enlisted performance reports were available to the Board for review.

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM (2), SSDR (3), MM, MUC, Letter of Appreciation (2)

 Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct-Minor disciplinary infractions (with admin discharge board), authority: MARCORSEPMAN Par. 6210.2.

 Chronological Listing of Significant Service Events :

810828:  NJP for violation of UCMJ, Article 92 (0 specs):
 Specification 1: Failure to obey lawful order, to wit: to participate in a complete PFT on 27Aug81.
Specification 2: Derelict in performance of duty on 0530, 27Aug81, to wit: by willfully failed to perform a complete PFT.
Awarded forfeiture of $300.00 per month for 2 months, reduction to Cpl. Two-thirds portion of forfeiture and reduction suspended for 6 months. Not appealed.
840307:  NJP for violation of UCMJ, Article 91 (2 specs):
 Specification 1: Willfully disobeyed the lawful order of PO 1 st class to step into the rear of the shore patrol van on 2340, 25Feb84.
Specification 2: Disrespectful toward a superior petty officer by saying, "Fuck you, piss ant Petty Officer on 2400, 25Feb84.
Violation of UCMJ, Article 95:
Specification: Resisted apprehension by a military policeman on 2340, 25Feb84
Violation of UCMJ, Article 134 (2 specs):
Specification 1: Drunk and disorderly on 2340, 25Feb84.
Specification 2: Communicated a threat to PO1 by saying, "I'll kill your, mother f__" on 2400, 25Feb84.
Awarded Restriction for 40 days, reduction to Cpl. Not appealed.
840308:  Counseled for deficiencies in performance and conduct. [Misconduct and alcohol abuse.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

841129:  Counseled for deficiencies in performance and conduct. [Overall unsat personal appearance for Squadron's Commanding Officers inspection on 841128.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

850528:  Counseled for deficiencies in performance and conduct. [Intemperance, specifically loosing his temper and throwing or kicking tools and other items within the shop/work space.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
851210:  NJP for violation of UCMJ, Article 111:
 Specification: Operate a vehicle, to wit: a truck, while drunk on 18Oct85.
Awarded forfeiture of $596.00 per month for 2 months. Not appealed.
860108:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.
860113:          Applicant advised of his rights and having consulted 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.

860113:  Commanding officer recommended discharge under honorable conditions (general) by reason of misconduct due to minor disciplinary infractions. The factual basis for this recommendation was office hours dated 810828, 840308 and 861210 and your alcohol related incident.

860130:  SJA review determined the case sufficient in law and fact.

860131:  GCMCA [Commanding General, 1 st Marine Amphibious Brigade] directed the applicant's discharge under honorable conditions (general) by reason of misconduct due to minor disciplinary infractions.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 860214 under honorable conditions (general) 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).

 The applicant’s issue states: “I am requesting that my discharge be upgraded to an Honorable Discharge. I would also like to request a copy of my SSGT. Warrant. I never received one at the only one I'm missing to complete my collection. 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. The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the re characterization of a discharge. 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. Relief is not warranted.

Concerning the request for the SSGT Warrant, the applicant is advised to contact: Commandant, United States Marine Corps, Headquarters USMC (CODE-MMEA), 3280 Russell Road, Quantico, VA 22134.

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 P1900.16C), 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 [ e.g., 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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