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USMC | DRB | 2001_Marine | MD01-01035
Original file (MD01-01035.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD01-01035

Applicant’s Request
The application for discharge review, received 010807, requested that the characterization of service on the discharge be changed to general/under 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 hearing in the Washington, D.C. area. Applicant did not respond.

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: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Minor disciplinary infractions (admin discharge board required but waived), authority: MARCORSEPMAN Par. 6210.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. To whom it may concern; I (applicant) feel that since the time of my discharge I have done a lot of good in my life. I have seen the errors of my youth, now that I have married and have children I see that doing the things I did is not prudent in raising my two boys. I have been active in my community and church and am currently enrolled in Chatt. State Community College pursuing my nursing license and I just want my sons to be proud of me. Sincerely


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter of reference dated July 3, 2001
Character reference dated June 27, 2001
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                820517 - 821103  COG

 Period of Service Under Review :
Date of Enlistment: 821104               Date of Discharge: 860826

 Length of Service (years, months, days):

         Active: 03 09 23
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 47

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3*                 Conduct: 4.1*

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

 Days of Unauthorized Absence: None

*Extracted from Informal Inquiry letter dated May 5, 1986.

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct-Minor disciplinary infractions (admin discharge board required but waived), authority: MARCORSEPMAN Par. 6210.2.

 Chronological Listing of Significant Service Events :

830601:  Counseled for deficiencies in performance and conduct. [Failure of the academic portion of Jeep school]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

840201:  Counseled for deficiencies in performance and conduct. [Loss of military identification card]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

 840305:  NJP for violation of UCMJ, Article 86 (3 specs):
 Specification 1: Fail to go at time prescribed to appointed place of duty on 27Feb84, to wit: remedial PT.
 Specification 2: Fail to go at time prescribed to appointed place of duty on 29Feb84, to wit: remedial PT.
Specification 3: Fail to go at time prescribed to appointed place of duty on 1Mar84, to wit: remedial PT.
Violation of UCMJ, Article 92:
Specification: Fail to obey lawful order on 29Feb84.
Awarded forfeiture of $200.00 per month for 1 month, restriction and extra duties for 30 days. Not appealed.
840306:  Applicant assigned to weight control program on 23Feb84.

 840612:  Counseled for deficiencies in performance and conduct. [Unauthorized absences from Battery and PLT physical training sessions]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

840925:  Counseled for deficiencies in performance and conduct [Unsatisfactory progress on my weight control program]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

 850219:  NJP for violation of UCMJ, Article 86:
 Specification: Fail to go at time prescribed to appointed place of duty on 0430-1130, 23Jan85, to wit: pistol range detail.
Violation of UCMJ, Article 92:
Specification: Fail to obey lawful order on 0430, 23Jan85.
Violation of UCMJ, Article 134:
Specification: Wrongfully and falsely alter military identification card by changing his date of birth to 25Oct63.
Awarded forfeiture of $200.00 per month for 1 month, restriction for 30 days, reduction to PFC. Not appealed.
850219:  Counseled for deficiencies in performance and conduct. [Development of a pattern of misconduct as demonstrated by your performance over the past few months]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

 850515:  NJP for violation of UCMJ, Article 86:
 Specification: Fail to go at the time prescribed to appointed place of duty on 0700, 9May85, to wit: Btry Training.
Awarded correctional custody for 30 days, reduction to Pvt. Reduction suspended for 6 months. Not appealed.
850910:  Applicant removed from weight control program and placed on military appearance program.
851204:  Applicant informed eligible but not recommended for promotion to LCpl for the December promotion period because of military appearance program.

860101:  Applicant informed eligible but not recommended for promotion to LCpl for the January promotion period because of poor personal appearance and lack of motivation.

860201:  Applicant informed eligible but not recommended for promotion to LCpl for the February promotion period because of personal appearance and motivation being unsat.

860301:  Applicant informed eligible but not recommended for promotion to LCpl for the March promotion period because of poor work performance and unsatisfactory personal appearance.

860505:  Commanding Officer informed of informal inquiry performed to determine fitness for retention or discharge. Applicant latest incident where he was sighted for driving under the influence (.06% BAC), failure to maintain lane of travel, and not having a driver's license in his possession.

860505:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.
860509:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights.

860619:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions. The factual basis for this recommendation was having received 3 Article 15 hearings, 10 adverse page 11 entries and a citation for driving while under the influence of alcohol (.06% BAC).

860716:  SJA review determined the case sufficient in law and fact.

860718:  GCMCA [Commanding General, 3d Marine Aircraft Wing] directed the applicant's discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 860826 under other than honorable conditions for misconduct due to minor disciplinary infractions (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 applicant’s discharge characterization accurately reflects his service to his country. 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. 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 84 until 28 Jul 87.

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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