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USMC | DRB | 2000_Marine | MD00-00705
Original file (MD00-00705.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD00-00705

Applicant’s Request
The application for discharge review, received 000509, 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 001116. 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 HONORABLE CONDITIONS (GENERAL)/Misconduct – Minor disciplinary infractions (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I am requesting a change of my current discharge status on a form DD214. Also included in this brief letter is other documentation that will hopefully assist in this decision. On a more personal note I hope that the board will reinstate me to my full discharge status to HONORABLE. Because I feel that my overall service record to the U.S. Marine Corps and to this country more than outweighs my current discharge status. Finally in conclusion thank you for taking the time to read my short letter and processing my request.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Applicant’s Letter with issue.
Copy of DD Form 214
Copy of Discharge Record from Dept of Veterans Affairs

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                861209 - 870222  COG

 Period of Service Under Review :
Date of Enlistment: 870223               Date of Discharge: 920805

 Length of Service (years, months, days):

         Active: 05 05 13
         Inactive: None

 Age at Entry: 18                          Years Contracted: 6

Education Level: 12                        AFQT: 50

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.23 (12)            Conduct: 4.1(12)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Marksmanship Badge, HSM, GCM, SSDRw3*, NDSM, CAR, SASMw2*, KLM

Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS(GENERAL)/ Misconduct – Minor disciplinary infractions (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.2.

 Chronological Listing of Significant Service Events :

880524:  Counseled for deficiencies in performance and conduct. [On 880319 you wrote a check for $50.00 at the Marine Corp Exchange, the said check was returned due to insufficient funds] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

880614:  NJP for violation of UCMJ, Article 92: Violate BO 5000.20 par 3002.2 by consuming alcohol in the barrack.
         Award: Forfeiture of $75.00 per month for 1 month. Not appealed.

881013:  NJP for violation of UCMJ, Article 86: UA 1001, 880904 from appointed place of duty, to wit: fire watch in Bldg #33421, violation of UCMJ Article 86: UA 2201, 881008 to 0200, 881009 from appointed place of duty, to wit: fire watch in Bldg #33421.
         Award: Forfeiture of $182.00 per month for 1 month (forfeiture of $132.00 is suspended for 3 months), restriction and extra duty for 14 days. Not appealed.
881013:  Counseled for deficiencies in performance and conduct. [Your frequent involvement of a discreditable nature with military authority, infractions of the UCMJ and an improper sense of military responsibility and duty which have resulted in NJP] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920331:  NJP for violation of UCMJ, Article 107: With intent to deceive, sign a NIS official statement, which was wholly false.
         Award: Forfeiture of $521.00 per month for 1 month, restriction and extra duty for 30 days, reduction to E-3. Not appealed.
920506:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.
920506:          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.

920506:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions. The factual basis for this recommendation is your failure to conform to the standards of the Marine Corps. You have received three NJP's. You have been counseled concerning your deficiencies as evidenced by your service record. Your response has been further violations of the UCMJ. By your actions and inability to respond to counseling, you have demonstrated that you have no potential for further honorable service.

920518:  GCMCA directed the applicant's discharge under honorable conditions (general) by reason of misconduct due to minor disciplinary infractions.


920611:  SJA review determined the case sufficient in law and fact.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 920805 under other than honorable conditions for misconduct due to minor disciplinary infractions (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).

 The applicant’s issue states: “I am requesting a change of my current discharge status on a form DD214. Also included in this brief letter is other documentation that will hopefully assist in this decision. On a more personal note I hope that the board will reinstate me to my full discharge status to HONORABLE. Because I feel that my overall service record to the U.S. Marine Corps and to this country more than outweighs my current discharge status. Finally in conclusion thank you for taking the time to read my short letter and processing my request.” The NDRB found the applicant’s otherwise creditable service was marred by three separate NJP’s over his enlistment. Clearly, the applicant’s positive aspects warranted consideration in the determination of characterization of discharge, and the NDRB found that a General discharge accurately reflected the applicant’s service. Relief not warranted.

The applicant is reminded that he is eligible for a personal appearance hearing up to 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. 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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