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USMC | DRB | 2000_Marine | MD00-00772
Original file (MD00-00772.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD00-00772

Applicant’s Request
The application for discharge review, received 000523, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to early separation. 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 010201. 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-Pattern of misconduct (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. The character of my discharge was not appropriate based on my military service. I was lead to believe that acceptence of the discharged recieved was in the best intrest of the naval service and myself. Statements on the discharge are inaccurate and misleading. I served faithfully and accepted responsibility for an isolated incident. I feel that the discharge recieved is an extension of punishment for the incident and does not fit the offense commited. Furthermore, I have prior military service without incident and was granted a RE 1 re-enlistment code. The Marine Corps' decision to assign a RE 4 code is a miscarriage of justice to the Armed services.


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (2 copies)
Statement of facts (3 pages)
Character reference dated February 6, 2000
Job/character reference dated February 1, 2000
Memorandum to applicant from Merced College dated February 29, 1996
Copy of performance evaluation dated September 9, 1996
Character/job reference
Character/job reference dated September 10, 1996
Letter from Sutter Creek Police Department dated November 12, 1996
Letter from Sutter Creek Police Department dated November 19, 1996
Letter dated April 22, 1997
Memorandum from Chief of Police Sutter Creek Police Department dated June 2, 1997
Letter from Sutter Creek Police Department dated October 13, 1997
Memorandum dated October 27, 1997
Letter to Sutter Creek Police Department re: applicant, dated October 29, 1997
Letter from Office of Sheriff-Coroner dated July 29, 1998
Letter from Amador County Unified School District, Amador High School dated September 1, 1998
Certificate from School of Infantry dated October 29, 1991
Certificate from Infantry Training Battalion dated December 23, 1991
Letter to applicant's parents from Lieutenant Colonel dated February 25, 1992
Copy of promotion to Lance Corporal dated March 1, 1992
Certificate for completion of 60mm Mortar Course dated March 6, 1992
Certificate for completion for Landing Force Communication Equipment Waterproofing/weatherproofing dated March 11, 1992
Certificate for completion for Communications Security and Electronics Warfare dated March 12, 1992
Certificate for completion of Basic Forward Observer Course dated September 18, 1992
Certificate for completion of personal finance dated December 29, 1992
Certificate for completion of Alcohol and Drug Abuse Prevention Education dated September 17, 1993
Certificate for completion of 40 hour Substance Abuse Education Level II dated March 18, 1994
Certificate of Appreciation dated March 25, 1995
Letter from Emergency Medical Services undated
Certificate of completion of course Infectious Disease Control dated November 2, 1995
Certificate of Achievement for Level III Reserve Officer and Level 2 Reserve Police Officer Training dated March 11, 1995 and November 18, 1995
Certificate for completion of course in Level I Reserve Training Police Officer dated March 25, 1996
Certificate for completion of Module "D" Reserve Law Enforcement Academy Program dated Spring of 1996
Certificate for completion of Basic RADAR Operation Training dated August 7, 1997
Certificate for completion of Advanced Officer dated Spring 1997
Certificate for completion of Field Training Officer dated November 7, 1997
Basic certificate dated December 11, 1997
Certificate for sexual assault investigation course dated August 27, 1999
Certificate for completion for Interview and Interrogation dated Spring 1999
Certificate for completion for P.O.S.T. Domestic Violence for First Responders Course dated November 12, 1999
Certificate from Dogs Against Drugs/Dogs Against Crime dated 1999-2000
Certificate for completion of 2000 Canine Liability dated January 14, 2000
Newspaper articles (10 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         None
         Inactive: USMCR(J)                901221 - 910609  COG

 Period of Service Under Review :
Date of Enlistment: 910610               Date of Discharge: 940607

 Length of Service (years, months, days):

         Active: 02 11 28
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 52

 Highest Rank: LCPL

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2 (9)                       Conduct: 3.9 (9)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR

 Days of Unauthorized Absence: 49

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct-Pattern of misconduct (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.3.

 Chronological Listing of Significant Service Events :

920908:  NJP for violation of UCMJ, Article 134 (3 specs):
 Specification 1: Make and utter check #578 to MWR 0150 for the amount of $14.25 and did thereafter dishonorably fail to maintain sufficient funds for payment on 920718.
Specification 2: Make and utter check #582 to MWR 0150 for the amount of $12.79 and did thereafter dishonorably fail to maintain sufficient funds for payment on 920719.
Specification 3: Make and utter check #583 to MWR 0150 for the amount of $50.00 and did thereafter dishonorably fail to maintain sufficient funds for payment on 920725.
Awarded restriction and extra duties for 7 days. Not appealed.
921103:  Counseled for deficiencies in performance and conduct. [Writing bad checks for a total of $144.50.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

930121:  Applicant issued a no check cashing identification card. Check cashing privileges are suspended for 6 months.
930901:  Counseled for deficiencies in character and behavior. [Specifically your actions of 7 and 8 July 1983, which caused admittance to the MHD, Oak Knoll Naval Hospital, Oakland, Ca.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
931215:  Applicant declared a deserter.

940330:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence from 0600, 15Nov93 to 2050, 3Jan94.
Awarded forfeiture of $456.00 per month for 2 months, restriction for 30 days, reduction to PFC. Not appealed.
940404:  Counseled for deficiencies in performance and conduct. [Repeated unwillingness to adhere to Marine Corps orders and directives.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued
940419:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

940503:  Pretrial Agreement signed with applicant pleading guilty to violation of Article 86, UA.

940503:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.
940503:  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.

940509:  SJA review determined the case sufficient in law and fact.

940510:  GCMCA [Commander, 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.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 940607 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, the Board found nothing to substantiate his allegations that the discharge was inaccurate or misleading. The Board did find that the applicant’s record was clearly not honorable. During his period of active duty the applicant received 2 NJP’s and 2 counseling entries, clearly a pattern of misconduct existed. These were not isolated incidents, to include his 49 days of UA, as he contends. The applicant was correctly discharged and given the appropriate RE code. Relief denied.

The applicant is reminded that he is eligible for a personal appearance hearing in the Washington, D.C. area provided his applicant is received within 15 years from the date of his discharge. Proof of community service, over and above his service provided as a Deputy Sheriff, is encouraged.

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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