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USMC | DRB | 2001_Marine | MD01-00863
Original file (MD01-00863.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD01-00863

Applicant’s Request
The application for discharge review, received 010615, 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. 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 haring in the Washington, D.C. area. Applicant did no respond.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020118. 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)/Misconduct-Civilian Conviction (admin discharge board required but waived, authority: MARCORSEPMAN Par. 6210.7.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I was an alcoholic and drug addict before I enlisted and I had hoped to get away from that. But after I got out of boot camp I started drinking again and I wasn't long and I was in trouble. I've been clean for 7 years now and I'm trying to clean up the reckage of my past. I would like to discharge upgrade so I my able to.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                860613 - 860805  COG

 Period of Service Under Review :
Date of Enlistment: 860806               Date of Discharge: 870717

 Length of Service (years, months, days):

         Active: 00 11 12
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

Education Level: 12                        AFQT: 45

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.6 (4)                       Conduct: 3.7 (4)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Marksman Badge

Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct-Civilian Conviction (admin discharge board required but waived), authority: MARCORSEPMAN Par. 6210.7

 Chronological Listing of Significant Service Events :

870217:  Counseled for deficiencies in performance and conduct. [Concerning conviction of DWI (13%) at MCB, CAMLEJ, NC, with sentence of driving license suspension for one year, referral to ARC on 23-26 Feb 87 and Level II Training on 23-27 Mar 87]. Applicant advised that incident/conviction could result in an administrative separation [under conditions other than honorable].

870414:  Applicant arrested by Onslow County. Charged with 6 counts of worthless checks. Released on $600.00 Secured Bond.

870417:  Counseled for deficiencies in performance and conduct. [Concerning worthless checks made and uttered on an off Base and his responsibility to properly control his checking account to insure sufficient funds are maintained to cover checks written. SNM further counseled that any repeat occurrences of this nature may be the basis for disciplinary action and could lead to administrative or punitive separation from the Marine Corps].

870424:  Applicant arrested by Onslow County. Charged with worthless check ($49.00). Released on $100.00 Unsecured Bond.

870428:  Applicant arrested by Onslow County. Charged with worthless check ($168.00). Released on $200.00 Unsecured Bond.

870504:  NJP for violation of UCMJ, Article 91: Did at 1400, 870406, by disobeying an order from SSgt M. R. B____ to report to SSgt H. C. B____ at BB-12, EEIC, MCES, MCB, CAMLEJ, NC.
 Awarded forfeiture of $100.00 per month for 2 months (suspended for 3 months), restriction and extra duties for 15 days (suspended for 3 months). Not appealed.
870511:  Applicant convicted at District Court Jacksonville, NC.
         Sentence: Six months imprisonment, active sentence suspended, and placed on probation for two years, with special conditions including restitution within the two-year probational period, and payment of court costs.

870514:  Counseled for deficiencies in performance and conduct. [Concerning my unstable attitude towards performance of duties and my inability to adapt to the Marine Corps environment. Counseled on medical problems and how my problems have affected my performance of duties and conduct. Counseled that my medical problem has been diagnosed as an antisocial personality disorder/alcohol dependence, and currently, my character and behavior disorder prohibits me from overcoming my deficiencies and becoming trainable in my MOS. Counseled that if my medical problem is not overcome to the extent that I am trainable in my MOS, I may be separated from the Marine Corps]. Applicant advised that incident/conviction could result in an administrative separation [under conditions other than honorable].

870626:  Applicant notified of intended recommendation for discharge general under honorable condition by reason of misconduct due to civilian conviction.
870630:          Applicant advised of his rights and having elected to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

870630:  Commanding officer recommended discharge general under honorable condition by reason of misconduct due a civilian conviction. The factual basis for this recommendation was your civilian conviction on 870511 in Onslow County District Court, Jacksonville, when you were charged and found guilty of the offense, eight counts of worthless checks. You were sentenced to six months imprisonment, active sentence suspended, and placed on probation for two years, with special conditions including restitution within the two-year probational period, and payment of court costs.

870708:  SJA review determined the case sufficient in law and fact.

870713:  GCMCA [Commanding General] directed the applicant's discharge under honorable conditions general by reason of misconduct due to civilian conviction.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 870717 under honorable conditions (general) for misconduct due to a civilian conviction (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 applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. 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 P1900.16C), Change 2, effective 15 Apr 98 until 28 Jul 87.

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, disobeying orders; and Article 134, uttering false checks.
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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