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USMC | DRB | 2000_Marine | MD00-00425
Original file (MD00-00425.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD00-00425

Applicant’s Request
The application for discharge review, received 000215, 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 designate a 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: BAD CONDUCT DISCHARGE/COURT-MARTIAL, authority: MARCORSEPMAN Par. 1105.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I turned my self in and plead guilty and wanted to be held responsible for my stupid mess and did. I was a model prisoner. After discharge I went to an AALNA program in C_, CA. I earned enough money to bus myself home. Sine I'm too honest to conceal anything about my discharge, it took me about 5 months to find a job. It was at A_, in C_ at $6.00/hr before I got promoted to $7.00/hr and had to quit because of loss of transportation, worked at Hi-Lo in C_ for a month and a half or so had to quit and started there again. Since I've never been later, often early and a few times stayed late to make things. I also go to church with my grandpa on Sundays when I can. I've gone to some Christian youth groups with my uncle, L_ H_ presided. I go to work and stay home, otherwise, on the weekday. On the weekends I'm either at my Grandpa H_'s or at my girlfriend. I also have a letter of Appreciation for Participating in a JTFX exercise. I was not well like by my platoon because of my build and quietness. I was under a lot of stress both personally and professionally and didn't know who to talk to or be allowed to. In short, I also stayed on base for almost all the holidays and still had to struggle to get my paycheck, it almost seems as if it was being withheld. When I went UA, I had every intentions of coming back, only when I got back, some of my gear and personal stuff was missing. I tried to relieve my stress by using drugs, thinking it would make me forget about my problems, instead it only made them worse.

 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)                960523 - 960610  COG

 Period of Service Under Review :
Date of Enlistment: 960611               Date of Discharge: 990119

 Length of Service (years, months, days):

         Active: 02 07 09
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 73

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.1 (5)                       Conduct: 4.2 (5)

 Military Decorations: None

 Unit/Campaign/Service Awards: LOA

Days of Unauthorized Absence: 57

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

BAD CONDUCT DISCHARGE/COURT-MARTIAL, authority: MARCORSEPMAN Par. 1105.

 Chronological Listing of Significant Service Events :

970130:  Counseled for deficiencies in performance and conduct (keeping accountability of gear and weapons). Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970522:  Counseled for deficiencies in performance and conduct (financial mismanagement specifically, not paying DPP on time). Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
970912:  NJP for violation of UCMJ, Article 86: did, on or about 970902/0700, without authority, absent himself from his appointed place of duty, to wit: morning formation at 0700, and did remain so absent until he was apprehended on or about 970907/1830 (5 days).
 Awarded forfeiture of $235.00 per month for 1 month (suspended for 6 months), restriction and extra duties for 14 days. Not appealed.
970912:  Counseled for deficiencies in performance and conduct (misconduct as evident by recent office hours). Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

980115:  Applicant declared a deserter on 0630, 980109 having been an unauthorized absentee since 9631, 971209.

980130:  Applicant apprehended by civil authorities on 980130 (1700).

980219:  Special Court-Martial.
         Charge I: violation of the UCMJ, Article 86 (2 Specs)
         Specification 1: did, on or about 1 Dec 97, without authority, absence himself from his unit, until he was apprehended on or about 2 Dec 97.
         Specification 2: did, on or about 9 Dec 97, without authority, absence himself from his unit, until he was apprehended on or about 30 Jan 98.
         Charge II: violation of the UCMJ, Article 112a: did, on or about 3 Dec 97, wrongfully use methamphetamine.
         Finding: to Charge I, spec 1 - guilty, spec 2 - guilty except for the words "he was apprehended".
         Charge II - guilty.
         Sentence: Bad conduct discharge, confinement for 60 days, forfeiture of $300.00 pay per month for three months, reduced to E-1.
         CA action 980305: Sentence approved and ordered executed except for the BCD.

980219:  Waived clemency review by the Naval Clemency and Parole Board.

981016:  NMCCMR: Affirmed findings and sentence.

990119:  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 990119 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).

In the applicant’s issue 1, the Board determined this issue is without merit. The applicant states he turned himself in and pleaded guilty and wanted to be held responsible for his stupid mess. He used drugs thinking it would make him forget about his problems. The applicant was convicted of misconduct at Special Court Martial and received a Bad Conduct Discharge. He did not provide any post-service documentation for the Board to consider. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 1105, DISCHARGE ADJUDGED BY SENTENCE OF COURT-MARTIAL , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 950818 until present.

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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