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USMC | DRB | 2001_Marine | MD01-00124
Original file (MD01-00124.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD01-00124

Applicant’s Request
The application for discharge review, received 001102, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant designated the CT Dept of Veterans Affairs as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010406. 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 HONORABLE CONDITIONS (GENERAL)/Invol Dis (No Board) Completion of Required Active Service (EAS), authority: MARCORSEPMAN Par. 1005.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. The veteran states that he has nothing further to add to his Form 293 submittal. He asks that his general discharge be upgraded to an Honorable Discharge, and that he has earned that upgrade based on his good citizenship since discharge.


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: USMCR(J)                851026 - 860813  COG

 Period of Service Under Review :
Date of Enlistment: 860814               Date of Discharge: 910301

 Length of Service (years, months, days):

         Active: 04 06 18
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 31

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4                           Conduct: 4.2

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR(2), MM, LOA, Marine Rifle Marksman

 Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Invol Dis (No Board), Completion of Required Active Service, authority: MARCORSEPMAN Par. 1005.

 Chronological Listing of Significant Service Events :

860915:  Urinalysis testing conducted on 860818 positive for THC.

880114:  Counseled for deficiencies in performance and conduct [conduct unbecoming a Marine failure to adhere to Marine Corps Regulations] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

880307:  NJP for violation of UCMJ, Article 91: disobeyed lawful order
Awarded forfeiture of $182.00 per month for 1 month, restriction and
extra duties for 14 days. Not appealed.
880307:  Counseled for deficiencies in performance and conduct [failure to be at appointed place of duty as evidence of your recent office hours]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

890403:  NJP for violation of UCMJ, Article 90: on or about 1422, 890330, willfully disobeyed order; violation of UCMJ Article 91: on or about 1422, 890330, was disrespectfully to Sgt C_ by making obscene gestures to wit: by flipping him the middle finger.
         Award: Forfeiture of $175 per month for 1 month, restriction and extra duty for 14 days. Not appealed.

891107:  NJP for violation of UCMJ, Article 92: on or about 0730, 891010, disobey a lawful order given by SSGt H_ to take off his field jacket.
         Award: Forfeiture of $150 per month for 1 month, restriction and extra duty for 14 days. Appealed on 891108, Appeal Denied 891115.
900206:  Msg for exemption from stop loss sent this date. Request discharge on EAS.
900814:  Extended enlistment for 12 months.

900821:  Special Court Martial
         Charge I: violation of the UCMJ, Article 86 (4 Specs):
         Specification 1: Failure to go to appointed place of duty 1730, 900315
         Specification 2: Failure to go to appointed place of duty 1500, 900316
         Specification 3: Failure to go to appointed place of duty 0730, 900414
         Specification 4: Failure to go to appointed place of duty 0800, 900628
         Charge II: violation of the UCMJ, Article 91 (2 Specs):
         Specification 1: Willfully disobeyed a lawful order by not removing his gear from HQ's platoon squadbay to Guns platoon squadbay on 900320.
         Specification 2: Disrespect to SNCO by saying to the SNCO "I don't have to take this shit" or words to that effect on 900413.
         Findings: To Charge I and specifications 1,2,3,4 thereunder - withdrawn.
         To Charge II and specifications 1 and 2 thereunder - guilty.
         Sentence: Forfeiture of pay of $250.00 per month for 2 months, reduction to E-2, 45 days restriction, 45 days hard labor without confinement, restriction and hard labor to run concurrently.
         CA 901115: Sentence approved and ordered executed.

 910131:  Counseled for deficiencies in performance and conduct [concerning base revocation of driving privileges]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

910131:  Counseled for deficiencies in performance and conduct [concerning alcohol-related incident, on or about 910116, received a DUI in Onslow county was placed INCA]. Necessary corrective actions explained, sources of assistance provided, disciplinary ad discharge warning issued.
910214:  CMC approved request for exemption from stop loss.

910226:  CO, 2d MARDIV Rear, FMF, authorized the CO, 10 th MAR, 2d MARDIV, FMF, to discharge applicant within 10 days.

910301:  Separation Voucher issued reflecting discharge with a General, listing the authority as MARCORSEPMAN par 1005.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 910301 under honorable conditions (general) due to involuntary discharge - completion of active service (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 requested an upgrade of his discharge to Honorable based on good citizenship since discharge. In considering the request the Board found no evidence of post-service contributions. Relief denied.

 The following is provided for the applicant’s edification. The NDRB is authorized to consider 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. However, there is no law or regulation that 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 be found to have existed during the period of enlistment in question. No such error or injustice is evident in the applicant’s service record.
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. At this time the applicant has not provided sufficient documentation of good character and conduct. Therefore no relief will be granted. 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 but not mandatory.


Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 1005, DISCHARGE FOR EXPIRATION OF ENLISTMENT OR FULFILLMENT OF SERVICE OBLIGATION , 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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