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USMC | DRB | 2001_Marine | MD01-00625
Original file (MD01-00625.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD01-00625

Applicant’s Request
The application for discharge review, received 010404, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant requested a personal appearance hearing discharge review. The applicant listed the Veterans of Foreign Wars as the representative on the DD Form 293.

Decision

A personal appearance discharge review was conducted in Washington, D.C. on 011003. 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-Pattern of misconduct (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.3.
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 PATTERN OF MISCONDUCT, EFFECTIVE 27 JUN 89 UNTIL 30 JUN 94. The finding for Misconduct is effective 27 Jun 89 until 17 Aug 95, however, the Commandant of the Marine Corps issued an official list of the new DoD SPD codes and narrative reasons for separation on 940701.

SPD CODE         NARRATIVE REASON FOR SEPARATION
SPD Codes are listed on page 1-55 of MCO P1900.16D, effective 27 Jun 89 until 1 Jul 94. The only change from MCO P1900.16C is: “administrative” vice “admin”)
GKA1     Misconduct - Pattern of misconduct (with administrative discharge board)
 HKA1     Misconduct - Pattern of misconduct (administrative discharge board required but waived)

Characterization of service is written “HONORABLE”, “UNDER HONORABLE CONDITIONS (GENERAL)” or “UNDER OTHER THAN HONORABLE CONDITIONS” (See page 1-33 of MCO P1900.16D, effective 27 Jun 89)

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. Post service conduct. Never being involved in a criminal matter whatsoever. Working in the electronic security protection field. Attaining an ACE card which is a license to install security systems in California requiring a back ground check by state and federal governments. I have attained classes regarding my field of expertise. Being steadily employed since discharge. Attaining self-improvement seminars that now I am staffing. I am in the process of starting my own company in the security field.

2. Medical injury pertaining to service. I have had two back operations related to my service in the marine core. I am not able to receive any benefits for my injury due to my discharge.

3. Personality conflict with marine core. I have a very hard time with accepting discipline form others. This is a direct response to years of physical and mental abuse by mother and stepfather. I have overcome this with many years of counseling and seminars.
4. Clemency based on SECNAVINST 5470.174C

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 and DD Form 215
Review of Nonjudicial Punishment Appeal dated 31 Aug 1993 (4 pages)
Employment reference letter dated 28 Sept 2001
Alarm Company Operator examination pass notification dated 21 August 2001
Certificates of Achievement for Microsoft courses (2)
Certificate of Qualification for Appogee Security Management Systems

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                900730 - 900819  COG

 Period of Service Under Review :
Date of Enlistment: 900820               Date of Discharge: 931001

 Length of Service (years, months, days):

         Active: 03 01 12
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 10                        AFQT: 82

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.7 (9)                       Conduct: 3.7 (9)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR, Letter of Appreciation, MM, AFER, NUC, JMUC, MUC

 Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct-Pattern of misconduct (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.3.

 Chronological Listing of Significant Service Events :

910430:  Applicant informed eligible but not recommended for promotion to LCpl for the month of May 1991 because of continued failure to follow base regulations and poor attitude towards his responsibilities as a Marine.
910628:  Applicant informed eligible but not recommended for promotion to LCpl for the month of July 1991 because of his lack of bearing and poor initiative.

910829:  Counseled for deficiencies in performance and conduct. [Dereliction of duty to wit sleeping while on a field exercise. On the morning of 27Aug91 you were found asleep on your assigned post by the Company Commander.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
910906:  NJP for violation of UCMJ, Article 92:
 Specification: Violate BnO 11101.1 by having a female in his room on 2250, 28Aug91.
Violation of UCMJ, Article 91:
Specification: Wrongfully disobey Sgt by not removing the female from his room when ordered to on 2250, 28Aug91.
Awarded forfeiture of $204.00 per month for 1 month, restriction and extra duties for 14 days. Not appealed.
910926:  Counseled for deficiencies in performance and conduct. [Suspension of driving privileges aboard MCB CamPen.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
911108:  Counseled for deficiencies in performance and conduct. [Unprofessional conduct while standing guard. Specifically by showing complete disrespect for a commissioned officer. After recognizing the Company XO earlier, he put the XO on his face then laughed about it.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
911210:  Counseled for deficiencies in performance and conduct. [Negligent management of personal finances. It was brought to the commands attention that you bounced a check in the sum of $120.00.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
920527:  Applicant informed eligible but not recommended for promotion to Cpl for the month of June 1992 because of his lack of leadership abilities and maturity.

921029:  Counseled for deficiencies in performance and conduct. [Lack of professionalism, leadership, judgment, reliability, obedience, self-discipline, and military bearing.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
930212:  Counseled for deficiencies in performance and conduct. [Your total lack of professionalism and disregard for authority by _______ to give a Somali child beverage powder mixed with urine, your conduct was malicious and unbecoming of a U.S. Marine.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
930422:  Applicant informed eligible but not recommended for promotion to Cpl for the month of April 1993 because of lack of professionalism, self-discipline, judgment.

930521:  Counseled for deficiencies in performance and conduct. [Negligent discharge on the Mech Assault Course during CAX 5/6 93. Specifically, you negligently discharged your MK-19.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
930610:  NJP for violation of UCMJ, Article 91:
 Specification: Disrespectful in language towards Cpl by saying, "Jesus Christ, don't you have a head?"
Awarded forfeiture of $233.00 per month for 1 month, restriction and extra duties for 14 days. Forfeiture suspended for 6 months. Appealed: 940610. Appealed denied: 930611.
930629:  Applicant administratively reduced to PFC due to professional incompetence.
930803:  NJP for violation of UCMJ, Article 92 (2 specs):
 Specification 1: Fail to obey BO P5000.2H by causing his vehicle to be brought aboard CamPen while on the base revocation/suspension list on 1914, 11Jul93.
Specification 2: Fail to obey BO P5000.2H by driving on base revocation/suspension list.
Awarded forfeiture of $400.00 per month for 2 months, restriction for 60 days, reduction to Pvt. Not appealed.
930804:  Vacate suspended forfeiture awarded at CO's NJP dated 10Jun93.

 930809:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions and a pattern of misconduct.
930809:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions and a pattern of misconduct. The factual basis for this recommendation was three nonjudicial punishments, an administrative reduction for professional incompetence, and twelve page eleven counseling entries.

930811:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
930908:  Applicant waived right to a hearing before an administrative board.

930921:  SJA review determined the case sufficient in law and fact.

930927:  GCMCA [Commander, 1 st Marine Division (Rein), FMF] directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

 000512:  NDRB documentary record review Docket Number MD99-01223 conducted. Determination: discharge proper and equitable; relief not warranted.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 931001 under other than honorable conditions for misconduct due to a pattern of misconduct (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).

In response to applicant’s issue 2, when reviewing a discharge, the Board does consider the extent to which a medical problem, diagnosed or undiagnosed while on active duty, might effect an applicant's performance and ability to conform to the military's standards of conduct and discipline. The Board does not consider the medical injuries or any medical treatment given to the applicant to be of sufficient nature to exculpate the applicant from his misconduct of record. In fact, the Board has seen no connection between the applicant's medical condition and his misconduct nor did the applicant provide any additional evidence concerning any medical conditions during the personal hearing. Relief is not warranted.

In response to applicant’s issue 3, the Board expresses sympathy towards the applicant for having grown up in a dysfunctional home and applauds his efforts in overcoming this situation. However, the Board saw no documentation of personal problems in the applicant’s service record. If the applicant’s personal problems were of a severe enough nature to effect his performance and conduct (ie: numerous counselings and 3 NJP’s in less than 3 years), he should have sought help through standard military channels or through a family advocacy program. The Board does not consider the circumstances surrounding the applicant’s personal problems to be of a sufficient nature to exculpate him of his misconduct. The Board will not grant relief on the basis of this issue.

In response to applicant’s issues 1 and 4, the Board took into full consideration all of the applicant’s service including the multiple infractions of discipline, the extent thereof, and the seriousness of the offenses. The Board determined that the applicant’s poor personal conduct and overall performance while in the service were not mitigated by the applicant’s post-service conduct. While the applicant’s post-service accomplishments were admirable, the applicant’s misconduct diminished the quality of his service record to a point where extraordinary post-service accomplishments and documentation would be necessary for a recharacterization of service. Therefore, the Board voted against granting relief.

This decision exhausts the applicant’s opportunity for review by the NDRB. The applicant remains eligible to for upgrade to the Board for Correction of Naval Records.
 Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6210, Misconduct , of the 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 “ 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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