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USMC | DRB | 2001_Marine | MD01-00996
Original file (MD01-00996.rtf) Auto-classification: Denied


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


ex-LCpl USMC
Docket No. MD01-00996

Applicant’s Request
The application for discharge review, received 010730, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant designated the American Legion as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020215. 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)/CONDITION NOT A PHYSICAL OR MENTAL DISABILITY, authority: MARCORSEPMAN Par. 6203.2.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues
1. (Equity Issue) This former member opines that his overall service record supports a fully honorable discharge and on this basis petitions the Board's relief.

 2. (Equity Issue) This former member further requests that the Board include provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of this application.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Women of Concern Award of Excellence dtd 3 Jun 2001
 Information concerning the Women of Concern in the State of Tennessee (2 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USMCR(J)                950630 - 950717  COG
Period of Service Under Review :
Date of Enlistment: 950718               Date of Discharge: 970722
Length of Service (years, months, days):

          Active: 02 00 05
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4
Education Level: 12                        AFQT: 41

 Highest Rank: LCpl
Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.9 (6)              Conduct: 4.0 (6)
Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, MM(2), LOA, Rifle Marksman
Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/ CONDITION NOT A PHYSICAL OR MENTAL DISABILITY, authority: MARCORSEPMAN Par. 6203.2
Chronological Listing of Significant Service Events :

960401:  Counseled for deficiencies in performance and conduct [lack of hygiene & upkeep of one's room, disobeying a lawful order, disobedience to an NCO, SNCO]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

960507:  Counseled for deficiencies in performance and conduct [loss of a government I.D. card]. Necessary corrective actions explained, sources of assistance provided disciplinary warning issued.

960618:  NJP for violation of UCMJ, Article 86: unauthorized absence, to wit: on or about 12 Jun 96 on board MCAGCC at aout 0530, did fail to report to HQ Section formation after he was instructed to do so. Was instructed to report at 0530, and did not report until 0750 which was 2 hrs. and 20 min. late.
 Awarded forfeiture of $228.00 per month for 1 months (suspended for 6 months), restriction for 1 month. Not appealed.
961022:  Medical eval, Battalion Surgeon, Twentynine Palms: Asked to see this 20 year old male for reason to suspect suicidal ideations. Pt with prior entry 7 psych eval 22-26 Apr 96 for suicidal ideation - found fit for full duty. Pt through to be using threat of suicide to obtain discharge from USMC. Pt on INH, did not take daily pills → ended up with fifteen INH pills which he took all at the same time in September 96 to get caught up; pt denies that this was a suicidal gesture. Further discussion wit pt reveals that he has charges pending from HQ battery, and these add to his feeling of being under stress. However, today he agrees to contract for his own safety. I DO NO PLAN TO HARM MYSELF OR ANYONE ELSE. Signed by the patient.
961106:  Counseled for deficiencies in performance and conduct [negligence in your ability to properly maintain and account for government property, specifically, the loss of two DD Form 2 (Military ID Card) within a 6 month time-fame]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

961118:  Medical eval, Battalion Surgeon, Twentynine Palms: Upon review of this Marine's medical record and brief history & physical today 18NOV96, I can state that he does have the diagnosis of pseudofolliculitis barbae (PFB), that he has exhausted all treatment options, and that the only way he can avoid skin irritation & breakout is by letting his beard grow out. I recommend immediate & expeditious administrative separation in accordance with Marine Corps Order 6310.1B. Signed R_ C_ P_, LT, USN, resident, General Surgery.
961205:  Counseled for deficiencies in performance and conduct [failure to maintain Marine Corps grooming standards, due to your medical condition, specifically pseudofolliculitis]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970106:  Counseled for deficiencies in performance and conduct [failure to be at the appointed place of duty at the appointed time and unauthorized absence, specifically, your failure to return from authorized leave at the appropriate time]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970204:  Counseled for deficiencies in performance and conduct [your inability to accomplish simple administrative tasks in an acceptable and timely manner]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.


970409:  NJP for violation of UCMJ, Article 92: failure to obey order or regulation, to wit: on or about 1049 on 23 Mar 97 was derelict in the performance of those duties in that he negligently failed to maintain his ammunition magazine containing (30) rounds of Ball ammunition while posted as a sentry, as it was his duty to do.
 Awarded restriction and extra duties for 14 days. Nothing suspended. Not appealed.
970527:  Applicant notified of intended recommendation for discharge with a General (Under Honorable Conditions) by reason of convenience of the government for a physical condition not a disability.
970527:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
970527:  Commanding officer recommended discharge with a General (Under Honorable Conditions) by reason of convenience of the government for a condition no a physical or mental disability. The factual basis for this recommendation was medical condition - Pseudofolliculitis Barbae.
970711:  GCMCA [CG, 1stMarDiv, Rein] directed the applicant's discharge
with a General (Under Honorable Conditions) by reason of physical condition not a disability.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970722 with a General (Under Honorable Conditions) by reason of convenience of the government due to condition not a physical or mental disability (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).
Issue 1. The Board disagrees with the applicant’s assertion that his overall service record warrants an honorable discharge. When a Marine’s service has been honest and faithful, it is appropriate to characterize that service as honorable. A characterization of service of under honorable conditions (general) is warranted when negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. T he applicant’s service was marred by award of nonjudicial punishment (NJP) for offenses triable by court-martial on two occasions and adverse counseling entries on other occasions. 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 naval service, and falls short of that required for an honorable characterization of service. An upgrade to honorable would be inappropriate. 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.
Issue 2. 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. Marine Corps Separation and Retirement Manual, (MCO P1900.16E, effective 18 Aug 95), paragraph 6203, CONVENIENCE OF THE GOVERNMENT .

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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