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USMC | DRB | 2001_Marine | MD01-01093
Original file (MD01-01093.rtf) Auto-classification: Denied


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


ex-Pvt, USMC
Docket No. MD01-01093

Applicant’s Request
The application for discharge review, received 010820, 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 Connecticut Department of Veterans Affairs as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 021008. 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 (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 1. Since my service in the military, I've realized that some of the actions I took while I was in the military, were the course taken by a young and immature man. Since leaving the military, I still use the disciplines and vocational tools I received upon entering. These lessons taught to me have saved my life. In saying this, the realization that I accomplished these things made me believe in myself again. They helped me to raise my children and hold down a decent job, and they brought me back into an acceptable level of society.
Documentation
The applicant's medical record could not be located, therefore, only the service record and the following additional documentation, submitted by the applicant, was considered:
Character Reference letter from employer, Electro-Flex Heat, Inc. dtd Aug 2, 2001
Character Reference letter from supervisor, G_ V_ dtd Aug 3, 2001
 CG, 2 nd MAW Permanent Change of Station Orders to applicant dtd Nov 6, 1991
Copy of DD Form 214
 VA Service Officer's letter to the Board dtd Feb 8, 2002, providing applicant's change of address
 Applicant's letter to the Board dtd June 26, 2002 concerning medical record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USMCR(J)                891116 - 900611  COG
Period of Service Under Review :
Date of Enlistment: 900612               Date of Discharge: 921002

 Length of Service (years, months, days):
         Active: 02 03 21 (Doesn't exclude lost time.)
          Inactive: None

 Age at Entry: 18                          Years Contracted: 5
Education Level: 12                        AFQT: 61

 Highest Rank: LCpl
Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 4.0 (9)              Conduct: 3.9 (9)

 Military Decorations: None
Unit/Campaign/Service Awards: NDSM, ASR

Days of Unauthorized Absence: 11
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Minor disciplinary infractions (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.2.
Chronological Listing of Significant Service Events :

910905:  NJP for violation of UCMJ, Article 92: open container of alcoholic beverages, possession of pyrotechnics, brass knuckle/knife and tee ball bat.
 Award: Forfeiture of $200.00 per month for 2 months, restriction and
extra duties for 30 days. Not appealed.
920430:  Applicant acknowledged that he was eligible but not recommended for promotion to Cpl for the May-July 92 promotion board because of poor performance of duty.
920507:  Counseled for deficiencies in performance and conduct [disobeying of orders, UA from appointed place of duty and other violations of the UCMJ]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
920527:  NJP for violation of UCMJ, Article 86: unauthorized absence from 1630, 920512 to 1400, 920514 and from 0730, 920518 to 0730, 920526.
         Award: Forfeiture of $300 per month for 2 months, correctional custody for 30 days, reduction to E-2. Not appealed.
920629:  Counseled for deficiencies in performance and conduct [tardiness, poor work performance, and unprofessional attitude]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
920804:  NJP for violation of UCMJ, Article 86: unauthorized absence from 0701, 920804 to 0930, 920805.
         Award: Forfeiture of $350 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. Not appealed.
920807:  Applicant advised that he was being considered for Administrative Separation due to minor disciplinary infractions and advised that within 5 days he could submit a rebuttal. Applicant chose not to make such a statement.
920910:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions as evidenced by three non-judicial punishments and other adverse entries contained on page 11 of the service record.
920910:  Applicant advised of his rights and having consulted 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.
920910:  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 due to applicant's discreditable involvement with military authorities during this enlistment as evidenced by three non-judicial punishments and other adverse entries contained on page 11 of the service record. This type of conduct is not indicative of the standards set forth by the U.S. Marine Corps and therefore will not be tolerated.

920925:  SJA review determined the case sufficient in law and fact.

 920925:  GCMCA [CG, 2d MAW, MCAS, Cherry Pt., NC] 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 921002 under other than honorable conditions for misconduct due to minor disciplinary infractions (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 nonjudicial punishment (NJP) on three 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 the naval service, and falls short of that required for an honorable characterization of service. The Board found that the applicant’s age, education level, and test scores qualified him for enlistment. While he may feel that his immaturity and youth were factors that contributed to his actions, the record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions. An upgrade would be inappropriate. Relief denied.

 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. Relief not warranted.

The applicant 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. Representation at a personal appearance hearing is recommended but not required.


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. 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, Article 92, failure to obey a lawful general order.
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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