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USMC | DRB | 2001_Marine | MD01-00276
Original file (MD01-00276.rtf) Auto-classification: Denied


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


ex-Pvt, USMC
Docket No. MD01-00276

Applicant’s Request
The application for discharge review, received 010105, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. The applicant requested a documentary record discharge review. The applicant did not designate a representative on the DD Form 293. In the acknowledgement letter the applicant was informed that he was approaching the 15 year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington, D.C. area. Applicant did not respond.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010808. 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 – Minor disciplinary infractions (with admin discharge board), authority: MARCORSEPMAN Par. 6210.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues (verbatim)
To whom it may concern,

 Top of the day to you. I am writing you this day to try and have my discharge from the United States Marine Corps upgraded. I was discharged with an Other than Honorable conditions. This discharge was back in 1987, after serving 2 years. I just want to state that I'm not trying to make any excuse of whatever happened, I'm just trying to shed light on the circumstances. I always wanted to be a Marine every since I came to this country of the United States. I join right after leaving high school on the buddy program. I completed boot camp and was looking forward to school and serving my country. I went through school being up beat.

It wasn't until being stationed in Japan, where everything went downhill. I had what was called being belligerent. I must admit there were times I felt like being indiscipline. In inspections and other activities I was outstanding. At no time was there ever someone trying to help me figure out what seem to be my problem. I felt there should have been some kind of counseling before trying to "kick" me out of the service. I was once told by a Sgt. Major "he will make sure I don't get a good job" I remember that clearly to this day. I know I was young, and as I said that is no excuse.

The reason it took me so long to try and have my discharged upgraded was due to fact I was told I could not do anything about it while getting the discharge. I spent years having that statement of the Sgt. Major playing in my head. I made sure I went out there and made sure I live the life of a model citizen. I went to school, furthered my education, got married and raising a family.

This stigma that has been with me put me in a state of depression lately. I make no excuse, I just wanted to state, looking back I know I was not a bad Marine, and wish I had the help to not end up where I did. Please feel free to contact me on what my status would be.

Thanks for your time, greatly appreciated. Regards, (P_ B_ (Applicant))



 Documentation
Only the applicant's service and medical records 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: USMCR(J)                850128 - 850919  COG
Period of Service Under Review :
Date of Enlistment: 850920               Date of Discharge: 871021

 Length of Service (years, months, days):
         Active: 02 01 02
          Inactive: None
Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 48
Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.72 (9)             Conduct: 3.45 (9)
Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, Rifle Marksman Badge
Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct-Minor disciplinary infractions (with admin discharge board), authority: MARCORSEPMAN Par. 6210.2.

 Chronological Listing of Significant Service Events :

860429:  NJP for violation of UCMJ, Article 91: willfully disobey a lawful order from Sgt O.C. B_ , USMC, his superior NCO, to "Get a hair cut", 0700, 860403.
 Awarded forfeiture of $100.00 per month for 1 month, restriction
for 14 days without suspension from duty. Not appealed.
860429:  Retention Warning: Counseled for deficiencies in performance and conduct [NJP 860429 Art 91 - Disobey a lawful order]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
860821:  NJP for violation of UCMJ, Article 86: did on or about 18 Aug 86 without authority absent himself from his appointed place of duty, to wit: PT formation and did thereafter remain so absent until on or about 1000, 18Aug 86; violation of UCMJ Article 86: did, on ora bout 19 Aug 86 without authority absent himself from his appointed place of duty, to wit: Maintenance Division, Bldg 5611 and did thereafter remain so absent until on or about 1600, 19Aug86.
         Award: Restriction for 60 days, reduction to E-1. Appealed on 860828 but denied.
860821:  Counseled for deficiencies in performance and conduct [poor attitude as shown by continual questioning of authority lack of initiative and professional misconduct reflect in exaggeration of excuses and statement made by you]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
870408:  Counseled for deficiencies in performance and conduct [he procrastinates and will not perform tasks assigned, his conduct is very unbecoming of a Marine, in that he shows no initiative at all]. Applicant has been counseled numerous times by his other superiors on his substandard performance, lack of initiative and total lack of MOS proficiency. Applicant has not shown any improvement after having been counseled on numerous occasions. Applicant acknowledged the counseling and elected to make a statement.
870715:  Summary Court Martial
         Charge I: violation of the UCMJ, Article 92 (1 Spec): Specification: In that PVT (Applicant) having knowledge of a lawful order issued by Commanding Officer, to wit: that while on restriction, he was to wear the utility or service uniform between 0700 and 2145, unless otherwise authorized by the Commanding Officer, an order it was his duty to obey, did, at Camp Foster, Okinawa, Japan, on or about 5 Jul 87, failed to obey the same by wearing clothing other than the said uniforms during the time prescribed.
          Findings: to Specification 1 - guilty.
          Sentence: Confinement for 30 days and forfeiture of $304.00 per month for 1 month.
          CA: 870716: Sentence approved and ordered executed
870724:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions as evidenced by three NJP's and your page eleven counseling entries which document your inability to conduct yourself in a manner expected of a Marine.
870801:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
870918:  An Administrative Discharge Board recommended discharge under other than honorable conditions by reason of misconduct because of minor disciplinary infractions. [EXTRACTED FROM SJA MEMO OF 6OCT87.]
871006:  SJA review determined the case sufficient in law and fact.
871006:  GCMCA [CG, 1 ST MAW] directed the applicant's discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 871021 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 recognizes that serving in the Marine Corps is very challenging to both the Marine and his family members. Our country is fortunate to have men and women willing to endure the hardships and make the sacrifices required to serve their country. It must be noted that most Marines serve honorably and well, and therefore, earn their honorable discharges. The applicant's service is accurately characterized as having been performed under other than honorable conditions. Relief is not warranted.
There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (E). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group) and certification of non-involvement with civil authorities (police records check) in order for consideration for clemency based on post-service conduct. At this time, the applicant has not provided any documentation of good character and conduct. Therefore no relief will be granted. The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received prior to 21 October 2002.
Pertinent Regulation/Law (at time of discharge)
A. Paragraph 6210 MISCONDUCT , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16C, Change 4, effective 29 Jul 87 until 26 Jun 89.

 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 91, willfully disobeying a lawful order.
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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