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USMC | DRB | 2000_Marine | MD00-01028
Original file (MD00-01028.rtf) Auto-classification: Denied


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


ex-Pvt, USMC
Docket No. MD00-01028

Applicant’s Request
The application for discharge review, received 000905, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020118. 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.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I WENT INTO THE MARINES ON SEPTEMBER 13, 1973 AND GRADUATED FROM BOOT CAMP AT PARRIS ISLAND, S.C. ON DECEMBER 10, 1973. WHEN I GOT HOME MY FATHER WAS ILL WITH HEART PROBLEMS AND THE ONLY ONE THAT WAS WITH MY FATHER WAS MY 12 YEAR OLD BROTHER, BECAUSE MY MOTHER HAD PASSED AWAY ON MAY 7, 1973. I WENT ON TO MOTOR-TRANSPORT SCHOOL AT CAMP LEJEUNE, N.C. ON DEC. 20, 1973 AND I LEFT THE LAST OF JANUARY 1974 TO GO HOME TO TAKE CARE OF MY FATHER. THE MARINES PICKED ME UP IN JULY 1974 AND TOOK ME BACK TO CAMP LEJEUNE WHERE I HAD A SPECIAL COURT MARTIAL. I LEFT AGAIN IN OCTOBER 1974 TO GO HOME TO TAKE CARE OF MY FATHER. I TURNED MYSELF INTO THE MARINES IN 1981 HOPING TO BE DISCHARGED, BUT ALL THEY DID WAS GIVE ME MORE CLOTHING AND PUT ME BACK TO WORK. I LEFT AGAIN ABOUT TWO WEEKS LATER TO GO HOME AND TAKE CARE OF MY FATHER. MY FATHER HAD ALL TYPES OF MEDICAL PROBLEMS INCLUDING TWO STROKES IN 1983 WHICH LEFT HIM PARALYZED ON HIS RIGHT SIDE AND IN 1984 HE HAD A HEART ATTACK AND IF I HAD NOT BEEN THERE WITH HIM HE WOULD HAVE DIED AT THAT TIME. I WAS THE ONLY ONE THAT HE HAD TO TAKE HIM TO THE DOCTORS AND MADE SURE THAT HE GOT HIS MEDICATIONS AND HIS MEALS AND ALL HIS OTHER NEEDS. HE WAS ALSO A DIABETIC AND I HAD TO FILL HIS SYRINGES AND GIVE HIM HIS INJECTIONS BECAUSE HW WAS UNABLE TO BECAUSE HIS STROKES LEFT HIM PARALYZED. MY FATHER STARTED SPITTING UP BLOOD IN DEC 1992 AND THEY TOOK HIS RIGHT LUNG OUT IN JAN. 1993 AND MY FATHER PASSED AWAY DEC. 15, 1994. AS IT SAYS IN THE BIBLE HONOR THY MOTHER AND THY FATHER AND THAT IS WHAT I TRIED TO DO. THE MARINES PICKED ME UP ON OCT. 9, 1999 AND TOOK ME BACK TO PARRIS ISLAND, S.C. WHERE I STAYED IN THE BRIG UNTIL I WAS DISCHARGED ON NOV. 1, 1999. I HAD A FEW MEDICAL PROBLEMS WHEN I HAD MY FINAL PHYSICAL AND THEY GAVE BLOOD PRESSURE AND HEART MEDICATIONS. I THINK THAT I WOULD HAVE BEEN A GOOD MARINE IF IT HAD NOT BEEN FOR THE HARDSHIP THAT I WAS HAVING AT HOME.

SINCERELY, (SIGNED BY APPLICANT)

 Documentation
Only a portion of the service record and the medical record were reviewed, as the applicant did not provide additional documentation for the Board to consider.

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: 730914               Date of Discharge: 991101

 Length of Service (years, months, days):
         Active: 26 01 18 (Doesn't exclude confinement and lost time.)
          Inactive: None
Age at Entry: 19                          Years Contracted: 2

 Education Level: 7                         AFQT: 7D 044
Highest Rank: Pvt

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: NMF*                 Conduct: NMF

 Military Decorations: None
Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: 9104 (per the DD Form 214)
*No Marks Found in service record.
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/INVOL DIS (BOARD WAIVED) (MISCONDUCT) DESERTION, authority: MARCORSEPMAN Par. 6210.
Chronological Listing of Significant Service Events :

740125:  Unauthorized absence from MCSSS, MCB, Camp Lejeune, NC.
740303:  Apprehended by civil authorities, 0230. Civil charges of attempted House Breaking pending.
740315:  Civil Conviction, applicant pled guilty. Sentenced 2 years at the South Carolina State Penitentiary, reduced to 8 months commencing from 3 Mar 74 with balance of sentence on probation. Applicant scheduled to be released on 31 July 74.
740708:  Released from confinement from the SC State Penitentiary.

 740708:  Returned to military control at 1530. Will be returned to parent until by guard on or about 13JUL74.
740722:  Special Court-Martial.
          Charge I: violation of the UCMJ, Article 86: unauthorized absence (740125 until 740708)
          Findings: to Charge I and specification 1 thereunder, guilty.
Sentence: Restricted to the limits of MCSSS for a period of 60 days, to perform hard labor without confinement for a period of 90 days, the hard labor with confinement and restriction to be served concurrently, and to forfeit $100 pay per month for 6 months.
          CA 940910: Sentence approved and ordered executed except for the execution of that portion thereof adjudged hard labor without confinement in excess of 30 days, forfeiture in excess of $100 pay per month for four months, and restriction in excess of 60 days is suspended for six months with provision for automatic remission.
         SA 740924: Approved.

740920:  Applicant notified of intended recommendation for discharge by reason of misconduct as evidence by conviction by civil authorities - attempted housebreaking and as result an undesirable discharge certificate.

740920:  Applicant advised of his rights and having elected not to consult with counsel, elected to waive all rights except the right to submit statement in own behalf.
740921:  Applicant requested retention in the Marine Corps.
741010:  CO, MCSSS, MCB, Camp Lejeune, NC recommended applicant's retention in lieu of discharge.
741018:  Applicant's retention authorized by Hdqtrs, MCB, Camp Lejeune, NC.
750211:  Absentee Wanted by Armed Forces issued. Unauthorized absence since 0631, 750108, declared a deserter 0631, 750207 and dropped from rolls.
810601:  Surrendered to civil authorities Spartanburg, SC. Transferred to military control 1430, 810603.
810701:  Unauthorized absence.

 991007:  Apprehended by military control.
991021:  Separation Exam conducted.
991101:  Discharged Under Other Than Honorable Conditions by reason of involuntary discharge (board waived) (Misconduct) - desertion.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 991101 under other than honorable conditions due to misconduct - desertion (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).
Issue 1. The Board found no evidence that the applicant sought and was unfairly denied a hardship discharge in order to care for his father. The applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the applicant’s enlistment. Additionally, 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. He is reminded that he remains 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. Legal representation at a personal appearance hearing is highly recommended but not required. Relief denied.


Pertinent Regulation/Law (at time of discharge)
A. The Marine Corps Separation and Retirement Manual, (MCO P1900.16E, effective 970131 until Present), Paragraph 6210, MISCONDUCT

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 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 “ afls10.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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