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USMC | DRB | 2001_Marine | MD01-00562
Original file (MD01-00562.rtf) Auto-classification: Denied


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

ex-PVT, USMC
Docket No. MD01-00562

Applicant’s Request
The application for discharge review, received 010321, 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 011108. 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: GENERAL UNDER HONORABLE CONDITIONS/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. Members of the board, I will start this document with my past life when I was a child I was beaten by my father. My mother left him when I was 6 yrs old. We lived in garages, the street, and mostly in back of a 78 Plymouth, until I was 7 or 8 when I was gave fool custody by WA State to the foster care system. I then lived on the go off and on, house to house. My uncle tried to get me, but he was an imperial wizard in the KKK, and I begged not to have to live with him my wish came true. Well my father was called in by the state after they found whom he was. He was never on my birth cert. When I was eleven I had to move to CA with my dad. Well that was hell. He beat me, and most of the time I was homeless here to. Well I failed all threw school, with a 1.5 1.9 aver. My junior yr in high school he beat me pretty good, and I missed almost the whole yr due to my ditching and troubles ways well to please my dad. I looked into the marines and found a guy SSgt J-----. He was nice took me out of high school got me into a school for misfits called Elliot in Modesto. Anyways there you could pass it was 3 rd grade word so time come my dad was still beating me and I passed with a G.E.D. I was 30 pounds over weight but, we put on a snow suite in California and jogged for 2 hours. See members of the board I was not running to lose weight, I was running from my problems. I loved boot camp, then I got to my unit in Tennessee/Millington to be a 6051/aircraft mech. I realize my dad still didn't like me. My fiancé left me so I went AWOL. Hoping the marines would kick me out. But, again I was running from my problems. I was barely 18. I was young and abused. I was hurting and in need of care. So you USMC sent to motor transport school. Where I began to drink. My girlfriends days was over. I had no friends except for a Sgt who got busted for sleeping with one of the females marines at school. My exp in the marines was already a bad one and not to make it worst, but they sent me to 9 TH Comm battalion which every one called 9 th crime well my one friend there tried to kill himself off his balkanee which he did. He was afraid of getting in trouble for a DUI. This all took place in 96 if you want to check my story. He hung himself. Well as you no with my luck my buddy I started hanging around with cut his wrist and sprayed his room red with his blood. He was in admin at 9 th com. He didn't die though. They sent him to a nut house then home. You see members of the board my life was not good from day one. I joined the marines for the reasons, I don't deserve to be in the marines. I should have never been let in. Members of the board I have paid my due to society, I was never gave a fair shot at life, running to the marines was not the answer. I have joined a program called AA. It has helped me a lot. But, please I am going to school now and nobody will hire me when they now I didn't receive a honorable -I know there not suppose to judge but they do. I am taking a career as a forestry hand helping wildlife. And before I apply for fulltime up in the mountains, helping out digging ravines and such. I would like to help my self get this job. So please I know I made a mistake, but I have suffered to much, to keep paying the price for the rest of my life, every time I apply for work.

I mean the Marines didn't even give me no medical for my knee or tooth and I didn't want any benefits, please members of the board I am sorry I wish I would have never joined. Please I need a second chance at life.

 Documentation
There was NO DISCHARGE PACKAGE AVAILABLE. 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: USMC              None
         Inactive: USMCR(J)                950510 - 960116  COG

 Period of Service Under Review :
Date of Enlistment: 960117               Date of Discharge: 970917

 Length of Service (years, months, days):

         Active: 01 08 01
         Inactive: None

 Age at Entry: 18                          Years Contracted: 5

Education Level: 12                        AFQT: 35

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.1 (5)                       Conduct: 4.1 (5)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Sharpshooter Badge, GCM

 Days of Unauthorized Absence: 74

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

GENERAL UNDER HONORABLE CONDITIONS/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.3.

 Chronological Listing of Significant Service Events :

960619:  Counseled for deficiencies in performance and conduct. [First IBM test failure at AMS-Al School]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

960716:  Counseled for deficiencies in performance and conduct. [Your academic drop from the (AMS) course of instruction, drop code (FAG)]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

960808:  NJP for violation of UCMJ, Article 86: UA from command during the period of on or about 0700, 960724 through 0600, 960801(6days/S).
         Award: Forfeiture of $204.00 per month for 1 month, restriction and extra duty for 14 days, reduction to E-1. No indication of appeal in the record.

970811:  Special Court-Martial.
         Charge I: violation of the UCMJ, Article 86: Did on or about 970503, without authority, absent himself from his unit, to wit: Service Company, 9 th Communications Battalion, 1 st Marine Expeditionary Force, located at Camp Pendleton, California, and did remain so absent until he was apprehended on or about 970710.
         Findings: to Charge I and specification thereunder, guilty.
         Sentence: Confinement for 60 days, reduction to E-1.
        

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970917 general under honorable conditions for misconduct due to a pattern of misconduct (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 that the applicant’s age, education level, and test scores qualified him for enlistment. While he may feel that his youth and personal problems were factors that contributed to his actions, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service. The applicant’s discharge package was unavailable, therefore the Board presumed regularity in the conduct of governmental affairs. The applicant did not provide any evidence that he was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

 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. 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. Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs, are examples of verifiable documents that should have been provided to receive consideration for relief, based on post-service conduct. The applicant did not provide sufficient documentation to warrant an upgrade to his discharge. 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. Paragraph 6210, MISCONDUCT , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95 until 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 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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