Search Decisions

Decision Text

USMC | DRB | 2000_Marine | MD00-00818
Original file (MD00-00818.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD00-00818

Applicant’s Request
The application for discharge review, received 000614, requested that the characterization of service on the discharge be changed to general/under honorable conditions and the reason for the discharge be changed to general. 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. I feel that my discharge was inequitable because it was based on one group of mistakes I had on my bank account. I was over seas when it happened when I returned to the states it was handled by myself and Lt. A_ C_ who was to make sure all matters was taken care of and played in full before my BTRY, office hours. We doubled check and all were taken care of!! Then while on duty in "Desert Storm" one last floating checks showed up from about 4-5 months prior, which occurred during the same group of bounced checks I had the 1 st office hours, so in this matter I got a second office hours and which the wanted me discharged. In only has 2 1/2 - 3 weeks to go before my E.A.S. in which I would have got a General Discharge.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Statement from applicant dated June 1, 2000

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                870928 - 880510  COG

 Period of Service Under Review :
Date of Enlistment: 880511               Date of Discharge: 920415

 Length of Service (years, months, days):

         Active: 03 11 05
         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: 3.8 (11)             Conduct: 3.3 (11)

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR with 2 Stars, NDSM, CAR, KLM, SASM with 2 Stars

 Days of Unauthorized Absence: None

 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 :

881227:  Counseled for deficiencies in performance and conduct. [Loss of I.D. card Form DD2MC.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
890828:  Counseled for deficiencies in performance and conduct. [Loss of I.D. Card and meal card.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
891024:  Counseled for deficiencies in performance and conduct. [Financial irresponsibility and unprofessionally shown by your writing worthless checks.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
891130:  Counseled for deficiencies in performance and conduct. [UA from CAAC Level 2 on 2 November 1989. Inability to accept responsibility for poor personal schedule and commitments.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
891212:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence 0800-0830, 30Nov89, from CAAC Level II class.
Violation of the UCMJ, Article 90:
Specification: Willfully disobeyed First Lieutenant's command to be present before him at 1300 and 1630 formation on 29Nov89.
Violation of the UCMJ, Article 123a (2 specs):
Specification: Made a check to Okinawa Area Exchange in the amount of $100.00, knowing he did not have sufficient funds for payment on 11Aug89.
Specification 2: Delivered a check to LCpl for $150.00, knowing he did not have sufficient funds for payment on 24Oct89.
Awarded forfeiture of $189.00 per month for 1 month, restriction and extra duties for 14 days. Forfeiture, restriction and extra duty suspended for 6 months. Not appealed.
900221:  NJP for violation of UCMJ, Article 134:
 Specification: Make 14 checks for a total of $1741.73, without sufficient funds to cover the checks.
Awarded forfeiture of $400.00 per month for 2 months, restriction for 45 days, reduction to PFC, E-1. Forfeiture suspended for 6 months. Not appealed.
900530:  Counseled for deficiencies in performance and conduct. [Loss of a meal card DD Form 714.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
900814:  Counseled for deficiencies in performance and conduct. [Loss of ID card Form DD2MC.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
900831:  Counseled for deficiencies in performance and conduct. [Inability to follow orders. You didn't take advantage of a TMO move. You located a self storage. You were told to have you gear removed LOY. 900813 you didn't even after you were ordered to by SNCO.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

901101:  Not recommended for promotion to LCpl for the month of November because of irresponsibility.
911121:  NJP for violation of UCMJ, Article 123a:
 Specification: Writing checks without having sufficient funds in his account. Total of $982.99.
Awarded forfeiture of $400.00 per month for 2 months, restriction and extra duties for 45 days, reduction to PFC. Not appealed.
920103:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

920103:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
920103:  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 three nonjudicial punishments.

920304:  Applicant waived his right to an administrative discharge board.

920317:  SJA review determined the case sufficient in law and fact.

920323:  GCMCA [Commanding General, 1 st Marine Expeditionary Brigade] 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 920415 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).

The applicant indicates that his one group of mistakes occurred when he was overseas and that his second NJP was for a bounced check that he should have been punished for during his first NJP. The Board disagrees. The Board found that during the applicant’s enlistment he received 6 counseling entries for various offenses punishable under the UCMJ, including: 2 for losing his ID card; 1 for loss of his meal card; 1 for financial irresponsibility; 1 for UA and 1 for misconduct. In addition the applicant had 3 NJP’s, not 2 as he indicated. All three were for writing bad checks totally almost $3000 of indebtedness. One of the three also included a UA charge and disobeying a lawful order. Clearly the records show that he had a pattern of misconduct. The command worked with the applicant, as the counseling entries indicate, however, he failed to take corrective action. Relief denied.

The Board does agree that the applicant was discharged 3 weeks prior to his EAS, although this is non-decisional. The applicant has provided no proof that the last NJP was for a bounced check that was covered in his first NJP. Relief denied.

The following is provided for the benefit of the applicant. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. 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. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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. Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. The applicant is reminded that he is eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. The applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Representation at personal appearance hearing is highly recommended but not required.


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      


Similar Decisions

  • USMC | DRB | 2005_Marine | MD0501224

    Original file (MD0501224.rtf) Auto-classification: Denied

    MD05-01224 Applicant’s Request The application for discharge review was received on 20050712. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). The Applicant’s service was marred by 2 nonjudicial punishment proceedings for violations of Articles 123a (checks, insufficient funds) and 134 (2 specifications of debt, dishonorably failing to pay) of the UCMJ, and the Applicant plead guilty at a...

  • USMC | DRB | 2003_Marine | MD03-01185

    Original file (MD03-01185.rtf) Auto-classification: Denied

    MD03-01185 Applicant’s Request The application for discharge review was received on 20030627. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 Ten pages from Applicant’s service record Character reference from N_ N_, ARNP Character reference from R_ J. S_, MEd, Ed S, CM Letter from Applicant PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of...

  • USMC | DRB | 2002_Marine | MD02-01137

    Original file (MD02-01137.rtf) Auto-classification: Denied

    MD02-01137 Applicant’s Request The application for discharge review, received 020809, requested that the characterization of service on the discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USMCR(J) 940623 - 950312 COG Period of Service...

  • USMC | DRB | 2003_Marine | MD03-00537

    Original file (MD03-00537.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Due to the fact that on those checks (which were for Pizza) I was budgeting my money according to my direct deposit at Marine Corp Federal Credit Union and when everyone’s check did not, and I mean every one did not hit direct deposit like normal and hit direct deposit 8 days later, that’s when my checks bounced. Necessary corrective actions explained, sources of assistance...

  • USMC | DRB | 2000_Marine | MD00-00769

    Original file (MD00-00769.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT ex-PVT, USMC Docket No. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Letter from Applicant (4pgs) Reference Letters (3) Copies of DD Form 214 (2) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USMC None Inactive: USMCR(J) 870828 - 880726 COG Period of...

  • USMC | DRB | 1999_Marine | MD99-00882

    Original file (MD99-00882.rtf) Auto-classification: Denied

    Not appealed.940928: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.940928: 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.940929: Commanding officer recommended discharge under other than honorable conditions by...

  • USMC | DRB | 2002_Marine | MD02-01315

    Original file (MD02-01315.rtf) Auto-classification: Denied

    MD02-01315 Applicant’s Request The application for discharge review, received 020911, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.950927: NJP for violation of UCMJ, Article 86: Did absent yourself without authority by securing from duty at 1000, 950727 and did not return until 0730, 950728;...

  • NAVY | DRB | 2004 Marine | MD04-00427

    Original file (MD04-00427.rtf) Auto-classification: Denied

    The Applicant requested the characterization of service received at the time of discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:“Discover-e” Certification Applicant’s resume PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None HON Inactive: USMCR (J) 890710 - 891226 COG Period of Service Under Review :Date of Enlistment:...

  • USMC | DRB | 2002_Marine | MD02-00425

    Original file (MD02-00425.rtf) Auto-classification: Denied

    Not appealed.900108: Vacate suspended forfeiture of $200.00 for 2 months, restriction and extra duty for 30 days awarded at CO's NJP of 21Dec89.900122: NJP for violation of UCMJ, Article 92:Specification: Violation of B01700.6G by having an alcoholic beverage in his possession on 1355, 6Jan90. 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).A characterization of...

  • USMC | DRB | 2000_Marine | MD00-00377

    Original file (MD00-00377.rtf) Auto-classification: Denied

    MD00-00377 Applicant’s Request The application for discharge review, received 000202, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The board further notes the applicant declined in writing the offer to receive all documents pertaining to his separation from the United States Marine Corps.The applicant’s further statement that his service reflects isolated and minor offenses is not...