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USMC | DRB | 2000_Marine | MD00-00321
Original file (MD00-00321.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD00-00321

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: BAD CONDUCT DISCHARGE/As a result of a courts-martial (SPCM) – Other, authority: MARCORSEPMAN Par. 1105.

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, the following additional documentation, submitted by the applicant, was considered:
Eight pages from court-martial
Job reference
Copy of Arizona High School Certificate of Equivalency dated November 14, 1990

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                850717 – 860526  COG

 Period of Service Under Review :
Date of Enlistment: 860527               Date of Discharge: 890630

 Length of Service (years, months, days):

         Active: 03 01 04
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

 Education Level: 12                        AFQT: 53

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2 (7)                       Conduct: 4.2 (7)

 Military Decorations: None

 Unit/Campaign/Service Awards: Letter of Appreciation

 Days of Unauthorized Absence: 76

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

BAD CONDUCT DISCHARGE/As a result of a courts-martial (SPCM) - Other, authority: MARCORSEPMAN Par. 1105.

 Chronological Listing of Significant Service Events :

861121:  NJP for violation of UCMJ, Article 86:
 Specification: Absent from appointed place of duty with intent to avoid field exercise from 0600, 12Nov86 until 0830, 18Nov86 (6 days).
Awarded forfeiture of $167.00 per month for 1 month, restriction and extra duties for 14 days. Forfeiture suspended for 90 days. Not appealed.
870206:  Applicant to confinement.

 870217:  Special Court-Martial.
         Charge I: violation of the UCMJ, Article 86 (2 Specifications):
         Specification 1: Unauthorized absence from 0001, 4Dec86 until 1100, 24Jan87 (51 days/apprehended).
         Specification 2: Unauthorized absence from 0731, 2Feb87 until 1400, 04Feb87 (2 days/apprehended).
         Findings: to Charge I and specifications thereunder, guilty.
         Sentence: Fine of $250.00 for 3 months, confinement for 60 days, reduction to Pvt.
         CA 870328: Sentence approved and ordered executed.

 870220:  Applicant from confinement.

870223:  Applicant to confinement.

870318:  Applicant from confinement.

 880616:  Counseled for deficiencies in performance and conduct. [Failure to conform to body weight standards as set forth in MCO 6100.10.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

881103:  Counseled for deficiencies in performance and conduct. [Frequent violations of Article 86.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

 881104:  NJP for violation of UCMJ, Article 86:
 Specification: Failure to go at the time prescribed to appointed place of duty, to wit: B Co PT formation on 0630-0920 31Oct88.
Awarded forfeiture of $192.00 per month for 1 month, restriction and extra duties for 14 days. No indication of appeal in service record.
890105:  Special Court-Martial.
         Charge I: violation of the UCMJ, Article 86 (3 Specifications):
         Specification 1: Absent from organization from 11Nov88 to 15Nov88 (4 days).
         Specification 2: Absent from organization from 18Nov88 to 27Nov88 (9 days).
         Specification 3: Absent from organization from 28Nov88 to 2Dec88 (4 days).
         Charge II: violation of the UCMJ, Article 112A:
         Specification: Wrongfully use amphetamine/methamphetamine.
         Findings: to Charge I and II and specifications thereunder, guilty.
         Sentence: Fine of $250.00 for 3 months, confinement for 75 days, reduction to Pvt, and a bad conduct discharge.
         CA 890321: Sentence approved and ordered executed except for the BCD.

890630:  NMCCMR: Affirmed findings and sentence.

890927:  NC&PB denied clemency and restoration.

891218:  SSPCMO: Article 71c, UCMJ, having been complied with, Bad Conduct discharge ordered executed.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 890630 with a bad conduct discharge which was the sentence adjudged by a properly constituted special court martial that was determined to be legal and proper, affirmed in the legal chain of review and executed (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 introduced no decisional issues for consideration by the Board.

 Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 1105, DISCHARGE ADJUDGED BY SENTENCE OF COURTS-MARTIAL, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16C), effective 821001 until 890626.

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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