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USMC | DRB | 2000_Marine | MD00-00447
Original file (MD00-00447.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD00-00447

Applicant’s Request
The application for discharge review, received 000215, 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 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: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.6.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. Issues are specifically addressed in correspondence communicate that is listed in the letter that accompanies this application. It attempts to address the issues as best possible under the "questionable" of the entire situation as it has been represented to me.

2. Though the unknown were never fully satisfied, common sense seemed to prevail toward the latter end of the situation with all who were involved in the attempts of bringing it to a "rational" conclusion, for this simple fact alone I am truly grateful.

3. It is because of this that I approach my situation with the confidence in requesting the upgrade f my General Discharge Under Honorable Conditions to be made Honorable.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from applicant (2)
Copies of DD Form 214 (2)
Copy of CO's Message
Copy of Reference Audiogram
Copy of Medical Examination
Copy of Honorable Discharge Certificate from Air National Guard
Letter from BCNR
Letter to BCNR (13 pages)
Letter of Commendation for Assistance from applicant
Copy of CO's Messages (2)
Character Reference Letters (10)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
                 USAFNG           790320 - 790809  HON
         Inactive: USMCR(J)                820715 - 820906  COG

 Period of Service Under Review :
Date of Enlistment: 820907               Date of Discharge: 980928

 Length of Service (years, months, days):

         Active: 02 01 05
         Inactive: None

 Age at Entry: 22                          Years Contracted: 6

Education Level: 12                        AFQT: NMA

Highest Rank: Pvt

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 2.9 (1)                       Conduct: 2.9 (1 )

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 5,026

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.6.

 Chronological Listing of Significant Service Events :

830608:  Msg sent from CG First MAW to GCMCB Camp Pendleton reporting that applicant has not yet reported.
830728:  Msg sent from CG First MAW to GCMCB Camp Pendleton stating : “The ref indc snm was trans to CG FMAW from you comd on 14Jun84. The ref also indc copy of snm’s PCSO will be fwd to this comd under separate cover. To date, copy of snm’s PCSO to FMAW never recd this comd. Req copy of PCSO to FMAW be went asap.
841002:  Declared a deserter 0001, 840901 and dropped from the roll.

 980821:  Report of Return of Deserter. Applicant surrendered to civil authorities 1155, 980821 at McCracken County Jail 400 7 th ST, Paducah, KY. Returned to military control 980818, 1155. Retained.

980922:  Applicant waived rights to Administrative Discharge Board Hearing with a conditional waiver.

980923:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
980923:          Applicant advised of his rights and having elected 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.

980923:  Commanding officer recommended discharge general (under honorable conditions) by reason of misconduct due to the commission of a serious offense. The factual basis for this recommendation was your unauthorized absence for the period of 0001/840901 until you were apprehended at 1145/980818.

980928:  GCMCA [Commander, Marine Corps Base, Camp Lejeune, North Carolina] directed the applicant's discharge general (under honorable conditions) by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980928 general under honorable conditions for misconduct due to the commission of a serious offense (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 response to the applicant’s issue 1, the Board found that the applicant was UA for 5,026 days and declared a deserter. Although the applicant states that he was “given an Honorable discharge as the result of a rapidly deteriorating medical condition,” the applicant presents no documented evidence to substantiate this. The board found that the applicant was in the Marine Corps for a very short period of time and earned only one set of below average evaluations. Taking this into consideration as well as the applicant’s UA time of 5,026 days, the Board finds that the applicant’s characterization of general (under honorable conditions) is equitable. No relief will be granted based on this issue.

The applicant’s issues 2 and 3 are non-decisional issues.

 Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6210, MISCONDUCT of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95 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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