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USMC | DRB | 2000_Marine | MD00-00741
Original file (MD00-00741.rtf) Auto-classification: Denied


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


ex-Pvt, USMC
Docket No. MD00-00741

Applicant’s Request
The application for discharge review, received 000516, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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 001201. 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/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.2.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues

Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Statement from applicant
Character reference
 Character reference
 Copy of DD Form 214 (2 copies)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                970714 - 971117  COG
Period of Service Under Review :
Date of Enlistment: 971118               Date of Discharge: 990817

 Length of Service (years, months, days):
         Active: 01 09 00
         Inactive: None
Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 63
Highest Rank: LCPL

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 3.7 (7)                       Conduct: 3.5 (7)

 Military Decorations: None
Unit/Campaign/Service Awards: Certificate of Commendation

 Days of Unauthorized Absence: None
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.2.

 Chronological Listing of Significant Service Events :

990205:  Counseled for deficiencies in performance and conduct. [Unauthorized cooking in the barracks.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
990219:  NJP for violation of UCMJ, Article 86:
 Specification: Failed to go at the time prescribed to a cooks meeting on 10Feb99
 Violation of UCMJ, Article 92:
Specification: Violated MCB, Japan, III MEF Policy, Memorandum 1-98 by driving a car in Japan.
 Awarded forfeiture of $519.00 per month for 2 months, restriction for 60 days, reduction to PFC. Not appealed.
990303:  Counseled for deficiencies in performance and conduct. [Frequent involvement with military authorities, specifically, NJP received on 990219.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
990504:  NJP for violation of UCMJ, Article 86:
 Specification: Failed to go at the time prescribed to his work section at 0430, 12Apr99.
 Awarded forfeiture of $245.00 per month for 1 month, restriction and extra duties for 14 days. Not appealed.
990505:  Counseled for deficiencies in performance and conduct. [Frequent involvement with military authorities, specifically, NJP received on 990504.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
990527:  NJP for violation of UCMJ, Article 134:
 Specification: Broke restriction on 0300, 15May99.
 Awarded forfeiture of $479.00 per month for 2 months, restriction for 60 days, reduction to Pvt. Not appealed.
990607:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.
990611:          Applicant advised of his rights and having consulted 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.
990614:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions. The factual basis for this recommendation was your three nonjudicial punishments and 6105 entries while on active duty in the Marine Corps.

990621:  Counseled for deficiencies in performance and conduct. [Frequent involvement with military authorities, specifically, NJP received on 990527.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
990707:         SJA review determined the case sufficient in law and fact.
990707:  GCMCA [Commander, Marine Corps Base, Camp Smedley D Butler] directed the applicant's discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 990817 under other than honorable conditions for misconduct due to minor disciplinary infractions (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 the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. 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 (documentation required). The applicant 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. Paragraph 6210, MISCONDUCT , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95until Present.

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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