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USMC | DRB | 2000_Marine | MD00-00399
Original file (MD00-00399.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD00-00399

Applicant’s Request
The application for discharge review, received 000209, requested that the characterization of service on the discharge be changed to Honorable or General/under Honorable conditions. 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 000928. 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 (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.3.

The NDRB did note an administrative error on the original DD Form 214. Block 24, Character of Service should read: “UNDER OTHER THAN HONORABLE CONDITIONS” vice “UNDER OTHER THAN HONORABLE”. The original DD Form 214 should be corrected or reissued as appropriate.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. Want an up-grade of discharge to Honorable or General if possible. Current discharge prevents me from employment and continuing with my education and living a productive role in our society.

2. Would like to be able to use my GI Bill to continue my education and become a productive member of society.

3. Would like to be able to re-enlist in the military or reserves if possible.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from applicant

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                910604 - 911209  COG

 Period of Service Under Review :
Date of Enlistment: 911210               Date of Discharge: 931210

 Length of Service (years, months, days):

         Active: 02 00 01
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 34

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.31 (7)             Conduct: 3.9(7)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, AFEM, JMUC, Rifle Marksman Badge

Days of Unauthorized Absence: None

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

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

 Chronological Listing of Significant Service Events :

921029:  NJP for violation of UCMJ, Article 86: Failed to go to NADSAP class, a prescribed place of duty, violation of UCMJ Article 90: Willfully disobeyed a commissioned officer, violation of UCMJ Article 134: Make and utter a check of $52.15 to MWR activity and thereafter failed to maintain sufficient funds to cover the check.
         Award: Forfeiture of $205.00 per month for 1 month (suspended for 3 months), restriction and extra duty for 14 days. Not appealed.
921117:  Counseled for deficiencies in performance and conduct. [Failure to meet personal financial responsibilities, in that you have passed checks that you failed to maintain funds available in your account to cover said checks] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

930506:  NJP for violation of UCMJ, Article 86: Failed to go at time prescribed to the motor pool at 0645 on 930430.
         Award: Forfeiture of $221.00 per month for 1 month (suspended for 3 months), restriction and extra duty for 14 days. Not appealed.

930909:  NJP for violation of UCMJ, Article 92: Failed to obey a lawful general order, to wit: paragraph (k) of UEPH Order 1-87 rule and regulations for UEPH 14012 by knowingly and wrongfully having a guest of the opposite sex in his BEQ room after 2200 hours.
         Award: Forfeiture of $456.00 per month for 2 months (suspended for 6 months), extra duty for 45 days (suspended for 6 months), reduction to E-X. Not appealed.

931006:  NJP imposed and suspended on 930909 for a period of 6 months is hereby vacated and the punishment is ordered executed.

931007:  Counseled for deficiencies in performance and conduct. [Failure to comply with UEPH Order 1-87 rules and regulation of UEPH 14012] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

931007:  Counseled for deficiencies in performance and conduct. [Your drunk and disorderly conduct] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued
931020:  Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to Minor disciplinary infractions and misconduct due to a Pattern of misconduct.
931020:          Applicant advised of his rights and having consulted with counsel certified under UCMJ, Article 27B, elected to appear before an Administrative Discharge Board.
931028:  Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct due to Minor disciplinary infractions and a Pattern of misconduct. The factual basis for this recommendation was your three NJP's.

931109:  Applicant waived right to Administrative Discharge Board.

931126:  SJA review determined the case sufficient in law and fact.

931129:  GCMCA [Commanding General] 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 931210 under other than honorable conditions for misconduct due to a pattern of misconduct (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).

In the applicant’s issue 1, the Board determined this issue is without merit. The applicant states his current discharge prevents him from employment and continuing with his education and living a productive life. It is true, an Other Than Honorable discharge will affect an individual’s employment opportunities but the applicant received the characterization of discharge that he earned. Consideration of future employment opportunities should have been an issue for the applicant to consider before he committed his misconduct. This discharge accurately characterizes the applicant’s service to his country. The Board is under no obligation to upgrade an individual’s discharge for the purpose of obtaining better employment or continuing education. The discharge is proper and equitable. Relief denied.

In the applicant’s issues 2 and 3, the Board determined these issues are without merit. The applicant states he would like to use his G.I. Bill and also to re-enlist in the military or reserves. The Board is under no obligation to upgrade an individual’s discharge for the purpose of continuing education or to allow an individual to re-enlist into any branch of the military. The applicant provided no post-service documentation for the Board to consider. The discharge was proper and equitable. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6210, Misconduct , of the Marine Corps Separation and Retirement Manual, ( MCO P1900.16D), effective 27 Jun 89 until 17 Aug 95.

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      


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