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USMC | DRB | 2000_Marine | MD00-00515
Original file (MD00-00515.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD00-00515

Applicant’s Request
The application for discharge review, received 000307, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing discharge review. The applicant designated Disabled American Veterans as his representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 001206. 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/COMPLETION OF REQUIRED ACTIVE SERVICE), authority: MARCORSEPMAN Par. 1005.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 Prior to the documentary discharge review, the applicant introduced no decisional issues.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (2 copies)
Ltr of Employment from Home Deport, K_ M. L_, Admin Asst Store Manager dtd Apr 21, 1999
Character Reference ltr from co-worker, L_ C_, undtd
Character Reference ltr from co-worker, Mrs. D_ R_, dtd Jul 11, 1999
Character Reference ltr from employer, P_ A. M_, dtd Apr 22, 1999
Applicant's ltr to the Board dtd Dec 9, 1999, explaining reason for discharge (3 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                940419 - 940620  COG

 Period of Service Under Review :
Date of Enlistment: 940621               Date of Discharge: 990113

 Length of Service (years, months, days):

         Active: 04 06 23 (Includes confinement time)
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 72

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMF                           Conduct: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR, GCM

Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/COMPLETION OF REQUIRED ACTIVE SERVICE, authority: MARCORSEPMAN Par. 1005. [Administratively corrected.]

 Chronological Listing of Significant Service Events :

980621:  Involuntarily extended enlistment pending criminal charges. [EXTRACTED FROM APPLICANT'S LTR OF DEC 9, 1999]
981023:  Special Court Martial
 Charge I: violation of the UCMJ, Article 81: on or about 17 Apr 98, conspire with A_ M_ and SA D.L. H_ of NCIS, to commit an offense un the UCMJ, to wit: the distribution of marijuana, and in order to effect the object of the conspiracy CPL (Applicant) did (7 acts listed).
Charge II: violation of the UCMJ, Article 134.
Specification 1: on or about 17 Apr 78, violated Section 846 of Title 21, U.S. Code, by knowingly and intentionally [……..] and agree w/A_ M_ and SA D.L. H_ of the NCIS, to knowing, intentionally and unlawfully distribute marijuana.
Specification 2: on or about 17 Apr 98, wrongfully solicit and advise SA D.L. H_ of the NCIS to distribute marijuana by the following acts:
(1) tell SA H_ he had a friend interested in purchasing marijuana;
(2) make a telephone call
(3) discuss purchase price for marijuana;
(4) discuss amounts of marijuana;
(5) write down on a piece of paper the name "Tony" also known as (AKA) A_ M_, the pager number (xxx)xxx-xxxx and the home telephone number (xxx)xxx-xxxx and give the piece of paper to SA H_;
(6) told SA H_ to contact "Tony" AKA A_ M_; and
(7) vouch for the credibility of "Tony" AKA A_ M_.
Findings: To Charge I: Not Guilty
To Charge II, Spec 1 - Not Guilty, Spec 2 - Guilty
Sentence: Confinement for 100 days, forfeiture of $600.00 per months for six months reduction to E-1.
CA 981023: Sentence approved and ordered executed. The Base Bring, Marine Corps Base, Camp Pendleton, is designate as place of confinement.
990113:  Applicant discharge with a General Under Honorable Conditions by reason of completion of required active service.
[DISCHARGE PACKAGE NOT CONTAINED IN THE RECORD TO SUPPORT A DISCHARGE DUE TO MISCONDUCT AS INDICATED BY THE ASSIGNED SPD CODE OF JKQ1.]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The applicant was discharged on 990113 with a General Under Honorable Conditions due to completion of required active service (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).

The applicant introduced no decisional issues for consideration by the board.
The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (E). The applicant must be aware that there is no law or regulation, which provides that an unfavorable discharge may be upgraded, based solely on the passage of time, or good conduct in civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must be found to have existed during the period of enlistment in question. No such error or injustice is evident in the applicant’s service record. Therefore, no relief is granted.

The Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB. The applicant provided four letters of recommendation from his employer as documentation of his post-service conduct. The applicant's efforts need to be more encompassing than those provided. The applicant should have produced evidence of continuing educational pursuits, family stability, documentation of community service, certification of non-involvement with civil authorities and proof of his not using or distributing drugs in order for consideration for clemency based on post-service conduct.

In reviewing the applicant’s post service, the Board was impressed with the efforts he has begun to make. NDRB experience has shown, however, that applicants with less than five years of diligent efforts usually have not had sufficient opportunity to demonstrate continuing, positive contributions to society. At this time the applicant has not provided sufficient documentation of good character and conduct. Therefore, relief will not be granted at this time. The applicant is strongly 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. Representation at personal appearance hearing is highly recommended.

Pertinent Regulation/Law (at time of discharge)

 A. Marine Corps Separation and Retirement Manual, (MCO P1900.16D), effective
18 Aug 95 until Present, Paragraph 1005, DISCHARGE FOR EXPIRATION OF ENLISTMENT OR FULFILLMENT OF SERVICE OBLIGATION .

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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