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USMC | DRB | 2000_Marine | MD00-00640
Original file (MD00-00640.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD00-00640

Applicant’s Request
The application for discharge review, received 000421, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant requested a personal appearance hearing discharge review before a traveling panel closest to Shreveport, LA. The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington DC area. The NDRB also advised that the board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 001102. 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/INVOL DIS (BOARD WAIVED) (PATTERN OF MISCONDUCT), authority: MARCORSEPMAN Par. 6210.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. I am a student at BPCC in Shreveport, La. I am currently enrolled for a third semester & feel that my discharge be upgraded due to my steady employment & academic progress. I will appear in court if needed.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                920819 - 921206  COG

 Period of Service Under Review :
Date of Enlistment: 921207               Date of Discharge: 950810

 Length of Service (years, months, days):

         Active: 02 08 04
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

 Education Level: 12                        AFQT: 36

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.6 (7)                       Conduct: 3.5 (7)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: 52

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

UNDER OTHER THAN HONORABLE CONDITIONS/INVOL DIS (BOARD WAIVED) (PATTERN OF MISCONDUCT), authority: MARCORSEPMAN Par. 6210.3.

 Chronological Listing of Significant Service Events :

930223:  Counseled for deficiencies in performance and conduct. Questionable integrity. Two occasions has had in his possession articles of other recruits belongings. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
950113:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence from 0701, 11Aug94 to 0027, 19Sep94 (39 days/apprehended).
Awarded forfeiture of $217.00 per month for 1 month, restriction and extra duties for 30 days, reduction to PFC. Forfeiture, restriction and extra duty and reduction suspended for 6 months. Not appealed.
950127:  Counseled for deficiencies in performance and conduct. [Your insubordinate disrespectful attitude and inability to follow instructions as directed by persons in a position of authority.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
950314:  Counseled for deficiencies in performance and conduct. [Your failure to obey orders, selfishness, poor military appearance and lack of dependability; specifically, you often fail to carry out assigned tasks; you have reported to formation several times with unsatisfactory uniform and shave; and you have given unacceptable excuses for your conduct]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

950526:  Vacate suspended forfeiture of $217.00 for 1 month, restriction and extra duty for 30 days and reduction to PFC awarded at CO's NJP of 13Jan95.
950526:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence from 1201, 23May95 to 2215, 25May95 (2 days).
Awarded forfeiture of $199.00 per month for 2 months, restriction and extra duties for 30 days, reduction to Pvt. Not appealed.
950619:  NJP for violation of UCMJ, Article 134:
 Specification: Breaking restriction on 11Jun95 by going to the PX without an escort and authorization to do so.
Violation of UCMJ, Article 86:
Specification 1: Failing to muster in for battalion restriction at 1800, 6Jun95.
Specification 2: Unauthorized absence by failing to muster in for battalion restriction at 0900, 10Jun95.
Awarded forfeiture of $199.00 per month for 2 months, restriction and extra duties for 45 days. Forfeiture of $199.00 for 2 months suspended for 6 months. Not appealed.
950627:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.
950627:  Applicant advised of his rights and having elected not 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.

950627:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. The factual basis for this recommendation was failure to conform to the standards of the Marine Corps

950717:  SJA review determined the case sufficient in law and fact.

950724:  GCMCA [Commanding General, 1 st Marine Division (Rein), FMF] directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

 950724:  Applicant to unauthorized absence.

950804:  Applicant from unauthorized absence (11 days).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 950810 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, there is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). 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), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) 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 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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