Search Decisions

Decision Text

USMC | DRB | 2000_Marine | MD00-00941
Original file (MD00-00941.rtf) Auto-classification: Denied


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


ex-Pvt, USMC
Docket No. MD00-00941

Applicant’s Request
The application for discharge review, received 000719, 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 010201. After a thorough review of the records, 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 (verbatim)

1. I would like to have my discharge change to honorable. I believed to have been discriminated during my enlistment with the MC. Fact #1 was sent to the brig without having a captain mast. Fact # put on re-striation for AWOL, (35 days of re striation), 35 day of loss dose show on my DD 214. I feel that the 35 days that I spent in stockade was not justifiable, I didn't have a cap mast.
 Please retrieve police report from Jacksonville NC. Police called as soon as I was arrested, but the MC never came until 8 days later.

I would like to be reinstated into the MC and resume my military career as intended.

 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)                970331 - 970518  COG
Period of Service Under Review :
Date of Enlistment: 970519               Date of Discharge: 990630

 Length of Service (years, months, days):
         Active: 02 01 12
          Inactive: None
Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 29
Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 4.0 (7)                       Conduct: 4.0 (7)

 Military Decorations: None
Unit/Campaign/Service Awards: Letter of Appreciation (2)

 Days of Unauthorized Absence: 9
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 :

980416:  NJP for violation of UCMJ, Article 86:
 Specification: Failed to show up for work at 1200, 13Apr97, failed to show up for PT on 15Apr98 and failed to show up for work at 0730, 16Apr98.
 Awarded correctional custody for 30 days, reduction to Pvt. Reduction suspended for 6 months. Not appealed.
980416:  Counseled for deficiencies in performance and conduct. [Unauthorized absence from appointed place of duty. I should focus on preparing myself to be at my appointed places of duty on time.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
980616:  Applicant informed eligible but not recommended for promotion to Lance Corporal for the months July, August, and September 1998, because of recent NJP.
981015:  Counseled for deficiencies in performance and conduct. [Inappropriate language via E-mail.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
981222:  Counseled for deficiencies in performance and conduct. [Not being at your appointed place at the prescribed time. Specifically UA/AWOL from (1) 0730-1030, 2Dec98, (2) 0545-0636, 3Dec98. Your inability to follow orders. Specifically Article 92 of the UCMJ disobeying a lawful order. When told to remain in his BEQ while on bed rest until 0545, 8Dec98.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
981223:  NJP for violation of UCMJ, Article 86:
 Specification 1: Unauthorized absence from 0500-0535, 17Dec98
 Specification 2:Unauthorized absence from 2000, 981216 from a gear inspection in his BEQ room to be held by Sgt.
 Violation of UCMJ, Article 92:
 Specification: Disobeyed a direct order from SSgt and Sgt on 16Dec98 by not being in his BEQ room around 2000 for a gear inspection.
Awarded forfeiture of $519.00 per month for 2 months, restriction and extra duties for 45 days, reduction to PFC. Not appealed.
981223:  Counseled for deficiencies in performance and conduct. [Your frequent involvement with military authorities as demonstrated by two nonjudicial punishments and five page eleven entries.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
990226:  NJP for violation of UCMJ, Article 86 (4 specs):
 Specification 1: Absent at 0701, 4Jan99 from restriction muster.
 Specification 2: Absent from 0616-0700, 29Jan99.
 Specification 3: Absent from 1101-1204, 31Jan99.
Specification 4: Absent from 0931, 8Feb99 until 1204, 17Feb99 (9 days).
 Violation Article 92:
 Specification: Willfully disobey an order from HQCO 1stSgt, to wit: applicant was apprehended at the front gate at 0325, 28Jan99 while driving on a suspended driver's license.
 Awarded forfeiture of $479.00 per month for 1 month, restriction and extra duties for 45 days, reduction to Pvt. Not appealed.
990331:  Summary Court-Martial.
          Charge I: violation of the UCMJ, Article 134:
          Specification: Broke restriction on 1Mar99.
         Finding: to Charge I and the specification thereunder, guilty.
          Sentence: Forfeiture of 2/3 pay per month for 1 month, restriction and extra duty for 45 days.
         CA action: Not found in record.
        
990511:  Special Court-Martial.
         Charge I: violation of the UCMJ, Article 134:
         Specification: Breaking restriction.
         Findings: to Charge I and specification 1 thereunder, guilty.
         Sentence: Forfeiture of 2/3 pay per month.
         CA action: Not found in record.

990625:  SJA review determined the case sufficient in law and fact.

990629:  GCMCA [Commanding General, 2d Marine Division, II Marine Expeditionary Force] directed the applicant's discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.
Partial discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 990630 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, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (D and E).
In response to the applicant’s issue, the Board found nothing in the records, nor did the applicant provide anything to indicate or to show that there exists an error of fact, law, procedure, or discretion associated with his discharge at the time of its issuance, and that his rights were prejudiced thereby. The Board cannot determine any reason to change the applicant’s discharge. Furthermore, there has been no change in policy by the Marine Corps, or higher authority, made expressly retroactive to the type of discharge received by the applicant. In addition, the Board has no authority to change re-enlistment codes or make recommendations to permit re-entry into the Marine Corps or any other of the Armed Forces. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to re-enlistment. A request for waiver is normally done only during the processing of a formal application for enlistment. Relief denied.

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. 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. 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      


Similar Decisions

  • USMC | DRB | 2003_Marine | MD03-00340

    Original file (MD03-00340.rtf) Auto-classification: Denied

    MD03-00340 Applicant’s Request The application for discharge review was received on 20021217. The Applicant requests that the characterization of service received at the time of discharge be changed to honorable. Thank you for considering my application.

  • USMC | DRB | 1999_Marine | MD99-01245

    Original file (MD99-01245.rtf) Auto-classification: Denied

    Decision A documentary discharge review was conducted in Washington, D.C. on 000525. Chronological Listing of Significant Service Events : 970527: NJP for violation of UCMJ, Article 86:Specification: Unauthorized absence from appointed place of duty, to wit: Formation for Machine Gun Shoot on 0530, 20May97. 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...

  • USMC | DRB | 2003_Marine | MD03-00565

    Original file (MD03-00565.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Copy of DD Form 214 Letter from Applicant PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USMCR(J) 930409 - 931207 COG Period of Service Under Review :Date of Enlistment: 931208 Date of Discharge: 950818 Length of Service (years, months, days):Active: 01 08 01 Inactive: None Necessary...

  • USMC | DRB | 1999_Marine | MD99-00525

    Original file (MD99-00525.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: None Period of Service Under Review :Date of Enlistment: 830105 Date of Discharge: 841130 Length of Service (years, months, days):Active: 01 10 25 Inactive: None After a thorough review of the records, supporting documents,...

  • USMC | DRB | 1999_Marine | MD99-00525 (2)

    Original file (MD99-00525 (2).rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: None Period of Service Under Review :Date of Enlistment: 830105 Date of Discharge: 841130 Length of Service (years, months, days):Active: 01 10 25 Inactive: None After a thorough review of the records, supporting documents,...

  • USMC | DRB | 2003_Marine | MD03-01460

    Original file (MD03-01460.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. Thank you for the review board’s time, please allow me to improve my future as a civilian member.” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered: None The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his...

  • NAVY | DRB | 2004 Marine | MD04-00214

    Original file (MD04-00214.rtf) Auto-classification: Denied

    Not appealed.951208: NJP for violation of UCMJ, Article 92:Specification: Having knowledge of a lawful order issued by Commanding General, MCB, Camp Butler, Okinawa, Japan, to wit: BO P11240.30F dated 950918, an order which it was his duty to obey, did on 2230, 951201 fail to obey the same by operating a POV without a valid license.Awarded forfeiture of $427.00 per month for 2 months, restriction and extra duties for 45 days, reduction to Pvt. After a thorough review of the records,...

  • USMC | DRB | 2002_Marine | MD02-01057

    Original file (MD02-01057.rtf) Auto-classification: Denied

    MD02-01057 Applicant’s Request The application for discharge review, received 020718, requested that the characterization of service on the discharge be changed to honorable. PART I - APPLICANT’S ISSUES AND DOCUMENTATION 861028: NJP for violation of UCMJ, Article 86:Specification: Failure to go at the time prescribed to place of duty on 0730, 861024, to wit: Training Audio/Visual Center.

  • USMC | DRB | 2002_Marine | MD02-00307

    Original file (MD02-00307.rtf) Auto-classification: Denied

    MD02-00307 Applicant’s Request The application for discharge review, received 020116, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to “Release due to personal problems due to PTSD.” The applicant requested a documentary record discharge review. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct-Pattern of misconduct (administrative discharge board required but waived), authority:...

  • USMC | DRB | 2002_Marine | MD02-00466

    Original file (MD02-00466.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Letter from Applicant's Mother (5pgs)Copy of Envelope dated Feb 2001 sent to J_ W. D_Copy of Applicant's Birth Certificate Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USMC None Inactive: USMCR(J) 950606 - 960122 COG Period of Service Under...