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USMC | DRB | 2000_Marine | MD00-00472
Original file (MD00-00472.rtf) Auto-classification: Denied


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


ex-Pvt, USMC
Docket No. MD00-00472

Applicant’s Request
The application for discharge review, received 000225, requested that the characterization of service on the discharge be changed to entry level separation or uncharacterized. The applicant requested a documentary record discharge review. The applicant listed VETERANS OF FOREIGN WARS as his 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, 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 (verbatim)
1. Dear Veterans Board, I'm submitting this application for review in hope of getting my discharge and reenlistment code upgraded. What I did was wrong and I no that. The Marine Corps meant the world to me but I was a stupid 18 yr old who made a couple of mistakes and was sent home it was my first time away from home I was just out of boot camp and I got homesick. I realize I let everyone in this country and the Corps down. And I'm truly sorry now I am 21 and realize what I did was was the dumbess mistake of my life I talked with my recruiter he told me to write to the Dept of Veterans Affairs like I am and hope to get it upgraded I want to serve my country I'd go back to Parris Island I'd spend a year there if it meant I would get another chance. I miss wearing the uniform I miss the pride. I would have had almost 4 yrs in if I wouldn't of messed up by everyone makes mistakes and every day It eats me up inside knowing what I did and what I could be now. I hope the board will take every thing I wrote into consideration and help me. I'll do anything to be a marine again. They say once a marine always a marine well not me I messed up I have to earn the title again and I hope you will let me.
2. (VFW ISSUE) IAW SECNAV Instruction 5420.174C of 22 August 1984 (MDR 1984), enclosure (1), chapter 9, paragraph 9.3, Equity of Discharge, we ask the Board to consider the following factors.

 The applicant was young and immature and served 7 months and 25 days.

According to Special Court Martial order and action dated June 23, 1998, the applicant did not have any previous NJP's or CM conviction.

The applicant accepts responsibility and regrets his actions.

 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: USMC              None
          Inactive: USMCR(J)                950921 - 960818  COG
Period of Service Under Review :
Date of Enlistment: 960819               Date of Discharge: 990305
Length of Service (years, months, days):

          Active: 00 07 25
          Inactive: None

 Age at Entry: 17                          Years Contracted: 4
Education Level: 12                        AFQT: 36

 Highest Rank: PFC
Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (1)                       Conduct: 1.4 (1)

Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Marksman Badge

Days of Unauthorized Absence: 249

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 :

970102:  Applicant to unauthorized absence.
970414:  Applicant surrendered at CG, MCB, QUANTICO VA on 970408 (1036).

970414:  Applicant to unauthorized absence.
970915:  Applicant surrendered at SCTYBN MCB QUANTICO VA on 970915 (1430). Returned to military control 970915 (1430). Retained.
970915:  Pretrial confinement 970915 to 971029.

 971030:  Special Court-Martial.
          Charge I: violation of the UCMJ, Article 86 (2 Specifications):
         Specification 1: Without authority absent himself from 970102 to 970408 [96days/S].
          Specification 2: Without authority absent himself from 970414 to 970915 [153days/S].
          Findings: to Charge I and specifications 1 and 2 thereunder, guilty.
         Sentence: Confinement for 45 days, reduction to E-1, and a bad conduct discharge.
          CA 000000: Sentence approved and ordered executed except for the BCD.
        
981204:  NMCCMR: Affirmed findings and sentence.

990305:  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 990305 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, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (D and E).
In applicant’s issues 1 and 2, the applicant states that he was a “stupid 18 yr old” and the applicant’s representative states that the applicant was “young and immature”. The Board found that the applicant's age, education level, and test scores qualified him for enlistment. While he may feel that his immaturity was a factor that contributed to his action, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service. The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions.

Furthermore, r elevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts. With respect to a discharge or dismissal adjudged by a court-martial case tried under the Uniform Code of Military Justice, the action of the NDRB extends only to a change in the discharge or dismissal for purpose of clemency. (B, art IV) T he Board is authorized to consider post-service factors in the recharacterization of a discharge (E). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group) and certification of non-involvement with civil authorities (police records check) in order for consideration for clemency based on post-service conduct. At this time, the applicant has not provided any documentation of good character and conduct. Therefore no relief will be granted. The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge.

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 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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