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USMC | DRB | 2001_Marine | MD01-00576
Original file (MD01-00576.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD01-00576

Applicant’s Request
The application for discharge review, received 010327, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a personal appearance hearing discharge review before the Board in the Washington National Capital Region. The Applicant listed American Legion as the representative on the DD Form 293. Applicant failed to appear for the scheduled personal appearance discharge review. Therefore, a documentary review with representation was conducted. The Applicant is not eligible for further review by the Naval Discharge Review Board. A request for further review will not be granted unless the Applicant can demonstrate that the failure to appear was due to circumstances beyond the Applicant 's control.

Decision

A documentary discharge review was conducted in Washington, D.C. on 021105. 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 at the time of issue. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Separation in lieu of trial by court-martial, authority: MARCORSEPMAN Par. 6419. A documentary discharge review was conducted in Washington, D.C. on XXXXXX. 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 CONDITIONS OTHER THAN HONORABLE/Separation in lieu of trial by court-martial, authority: MARCORSEPMAN Par. 6419.

 If appropriate add the following:
The NDRB did note an administrative error on the original DD Form 214. Block 28, Narrative Reason for Separation should read: “_____________” vice “__________”. The original DD Form 214 should be corrected or reissued as appropriate.






THIS IS THE CORRECT SHELL FOR A SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL, EFFECTIVE 15 APR 84 UNTIL 26 JUN 89. There is not a shell for SIL8707 because P1900.16C, Ch 4, effective 870729, was not applicable to par. 6419.

THE CORRECT NARRATIVE REASON FOR SEPARATION FOR SPD CODE KFS1 IS “Separation in lieu of trial by court-martial”. (Listed on page 1-50 of MCO P1900.16C, Change 2, effective 15 Apr 84)

A general discharge is written “ UNDER HONORABLE CONDITIONS (GENERAL)” (See MCO P1900.16C, page 1-37, effective 1 Oct 82)

An under other than honorable conditions discharge is written “UNDER CONDITIONS OTHER THAN HONORABLE” (See MCO P1900.16C, page 1-37, effective 1 Oct 82)


PART I - APPLICANT’S ISSUES AND DOCUMENTATION


 Issues, as submitted

1. This former member opines that his UOTHC discharge is too harsh in light of his overall service record.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Copy of VA Claim
Copy of Request for Military Record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                851125 - 851225  COG

 Period of Service Under Review :
Date of Enlistment: 851226               Date of Discharge: 880302

 Length of Service (years, months, days):

         Active: 02 02 07
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

Education Level: 12                        AFQT: 69

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.1 (7)                       Conduct: 3.5 (8)

 Military Decorations: None

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

 Days of Unauthorized Absence: 47

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

UNDER OTHER THAN HONORABLE CONDITIONS/Separation in lieu of trial by court-martial, authority: MARCORSEPMAN Par. 6419.

 Chronological Listing of Significant Service Events :

870716:  Counseled for deficiencies in performance and conduct. [Failure to be at his appointed place of duty and that any recurrence of this action will lead to non-judicial punishment.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
870914:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 86:
         Specification 1: UA (AWOL) from 870804-870808; Specification 2: UA (AWOL) from 0700, 870831-1215, 870831.
         Finding: to Charge I and specifications 1 and 2 thereunder, guilty.
         Sentence: Forfeiture of $492.00 per month for 1 month.
         CA action 870915: Sentence approved and ordered executed.

880104:  Counseled for deficiencies in performance and conduct. [Repeated unauthorized absence.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

880217:  Applicant, having consulted with counsel certified under UCMJ Art 27b, requested discharge for the good of the service to escape trial by court- martial. In the request the Applicant noted that his counsel had fully explained the elements of the offenses for which he was charged and that he understood the elements of the offenses. He further certified a complete understanding of the negative consequences of his actions and that characterization of service would be under other than honorable conditions. The Applicant admitted guilt to the following violations of the UCMJ, Article 86: In that PFC S_ did on or about 871123, without authority, absent himself from his unit, to wit: Marine Corps Air Facility, Marine Corps Combat Development Command, Quantico, Virginia, and did remain so absent until on or about 880104.

880224:  SJA review determined the case sufficient in law and fact.

880301:  GCMCA [Commanding Officer, Marine Helicopter Squadron One] determined that Applicant had no potential for further service, that separation in lieu of trial by court-martial was in the best interest of the service, and directed discharge under other than honorable conditions by reason of conduct triable by court-martial.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

 Discussion

The Applicant was discharged on 880302 under conditions other than honorable in lieu of trial by court-martial (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. A characterization of service of under other than honorable conditions is warranted when the member's conduct constitutes a significant departure from that expected of a Marine. T he Applicant’s service was marred by award of a summary court-martial on one occasion and an unauthorized absence for more than 30 days on another occasion . The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. The Board found nothing in the Applicant’s service record that mitigates his misconduct sufficient to warrant an upgrade to his discharge. It must be noted that most Marines serve honorably and well and therefore earn honorable discharges. In fairness to those Marines, commanders and separation authorities are tasked to ensure that undeserving Marines receive no higher characterization than is due. Relief denied.



 Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6419, SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16C), Change 2, effective 15 May 84 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 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      

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