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USMC | DRB | 2001_Marine | MD01-01152
Original file (MD01-01152.rtf) Auto-classification: Denied



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

ex-Pvt, USMC
Docket No. MD01-01152

Applicant’s Request
The application for discharge review, received 010904, 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 to the applicant, he 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 elected to have a personal appearance hearing and also obtained representation by the American Legion.

Decision

A personal appearance discharge review hearing was conducted in Washington, D.C. on 020515. 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 at the time of issue. 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 (admin discharge required but waived), authority: MARCORSEPMAN Par. 6210.3.


A personal appearance discharge review was conducted in Washington, D.C. on XXXXXX. 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 (admin 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 15 APR 84 UNTIL 28 JUL 87. SPD Codes are listed on page 1-47 of MCO P1900.16C Ch 1, 6 Apr 83. Change 2 not applicable to SPD Codes or Narrative Reason for Separation)


 SPD CODE         NARRATIVE REASON FOR SEPARATION
GKA1     Misconduct - Pattern of misconduct (with admin discharge board)
 HKA1              Misconduct - Pattern of misconduct (admin discharge board required
 but waived)


Characterization of service is written “HONORABLE”, “UNDER HONORABLE CONDITIONS (GENERAL)” or “UNDER OTHER THAN HONORABLE CONDITIONS” (See page 1-37 of MCO P1900.16C Ch 2, effective 15 Apr 84)

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.       This former member opines that his post-service conduct has been sufficiently creditable to warrant the Board’s clemency relief as authorized under provisions of SECNAVINST 5420.174C, enclosure (1), paragraph 9.3.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Character reference
Character reference dated April 11, 2001
Character reference dated April 7, 2001

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                820608 - 821115  COG

 Period of Service Under Review :
Date of Enlistment: 821116               Date of Discharge: 860915

 Length of Service (years, months, days):

         Active: 03 10 00
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 53

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMF                           Conduct: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, MM

 Days of Unauthorized Absence: 7

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

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

 Chronological Listing of Significant Service Events :

840807:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence 0600-0940, 1Aug84.
 Awarded forfeiture of $171.00 per month for 1 month, restriction and extra duties for 14 days. Not appealed.
840919:  Counseled concerning conduct on liberty, especially in a foreign country. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
841219:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence from 0515, 3Dec84 until 0900, 10Dec84 (7 days/surrendered).
Awarded forfeiture of $171.00 per month for 1 month, restriction and extra duties for 14 days. Not appealed.
850730:  Counseled for deficiencies in performance and conduct. [Insubordinate conduct towards a noncommissioned officer, your unbecoming a Marine while consuming alcoholic beverages.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
850830:  NJP for violation of UCMJ, Article 92:
 Specification: Driving while on base revocation on 15Aug85.
Awarded forfeiture of $250.00 per month for 1 month, restriction for 30 days, reduction to PFC. Forfeiture of $250.00 for 1 month suspended for 4 months. Not appealed.
850912:  Counseled for deficiencies in performance and conduct. [Reoccurring violations of the UCMJ.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
860207:  NJP for violation of UCMJ, Article 121:
 Specification: Wrongful appropriate of government vehicle M923, Serial #516441 at 2200, 30Oct85.
Violation of UCMJ, Article 92:
Specification: Dereliction of the proper performance of duty by drinking while in a duty status in the field at 1900, 30Oct85.
Awarded forfeiture of $250.00 per month for 2 months, reduction to Pvt. Reduction suspended for 6 months. Not appealed.
860212:  Counseled for deficiencies in performance and conduct. [Frequent involvement with military authorities by having four NJP's.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
860401:  Vacate suspended reduction to Pvt awarded at CO's NJP dated 7Feb86.

860402:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence from appointed place of duty without properly being relieved at 0931-1100, 25Mar86.
Awarded forfeiture of $50.00 per month for 1 month. Forfeiture suspended for 1 month. Not appealed.
860407:  Counseled for deficiencies in performance and conduct. [Frequent involvement with military authorities by having five NJP's.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
860717:  NJP for violation of UCMJ, Article 92:
 Specification: Failure to obey an order or regulation by operating a motor vehicle while under the influence of alcohol.
Awarded forfeiture of $100.00 per month for 1 month, restriction for 14 days. Not appealed.
860731:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.
860731:  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.

860731:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. The factual basis for this recommendation was nonjudicial punishments of 7 August 1984, 19 December 1984,30 August 1985, 7 February 1986, 2 April 1986, 17 July 1986 and his adverse page 11 entries of 10 January 1984, 3 February 1984, 19 September 1984, 3 December 1984, 4 January 1985, 30 July 1985, 12 September 1985, 12 February 1985 and 7 April 1986.

860811:  SJA review determined the case sufficient in law and fact.

860812:  GCMCA [Commanding Officer, 2d Force Service Support Group (Rein), Fleet Marine Force, Atlantic] directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 860915 under other than honorable conditions for misconduct due to a pattern of misconduct (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. 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. 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; Article 121, larceny.
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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