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USMC | DRB | 2002_Marine | MD02-00035
Original file (MD02-00035.rtf) Auto-classification: Denied


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

ex-1sLT, USMCR
Docket No. MD02-00035

Applicant’s Request
The application for discharge review, received 010924, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance discharge review. The applicant listed the Veterans of Foreign Wars as the representative on the DD Form 293.

Decision

A personal appearance discharge review hearing was conducted in Washington, D.C. on 020502. 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 four to one that the character of the discharge shall not change. The discharge shall remain: UNDER HONORABLE CONDITIONS (GENERAL)/Unacceptable conduct (other), authority: MARCORSEPMAN, PAR. 4106.

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 HONORABLE CONDITIONS (GENERAL)/Unacceptable Conduct (other), authority: MARCORSEPMAN Par. 4106.

 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 A GENERIC SHELL, EFFECTIVE 27 JUN 89 UNTIL 30 JUN 94. The finding used should be from MCO P1900.16D, effective 27 Jun 89 until 17 Aug 95. This shell is not effective after 30 Jun 94 because the Commandant of the Marine Corps issued an official list of the new DoD SPD codes and narrative reasons for separation on 940701. SPD Codes are listed on pages 1-53 through 1-58 of MCO P1900.16D, effective 27 Jun 89 until 1 Jul 94.

NARRATIVE REASON FOR SEPARATION
Use the Edit (replace with) function to insert the Narrative reason for separation, and paragraph number throughout this shell.

Characterization of service is written “HONORABLE”, “ UNDER HONORABLE CONDITIONS (GENERAL)”, “UNDER OTHER THAN HONORABLE CONDITIONS”, or “UNCHARACTERIZED” (Uncharacterized replaced Entry Level Separation. See page 1-33 of MCO P1900.16D, effective 27 Jun 89)

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 The applicant requested relief based upon his post-service conduct.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from applicant, 2 May 2002
Letters of recommendation (4x)
Letter of appreciation, 10 December, 2001
Quality Advice certificate, 2000
Advanced Advisor Group certification, December 1999
Mercury Award
Certificate of Achievement, 26 June 1996

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR           880820 - 890515  To accept appointment
         Active: USMCR(OCS)       880613 - 880819  Transfer to reserves
         Inactive: USMCR(C)                880310 - 880612  To report OCS
                  USAR             860211 - 880309  HON
         Active: USAR              850305 - 860210  HON
 Inactive: USAR            830208 - 850304  To report ACDU
          Active USA                         800208 - 830207  HON
                  USAR             790821 - 800207  To report ACDU

 Period of Service Under Review :
Date of Commission: 890516      Date of Discharge: 930625

 Length of Service (years, months, days):

         Active: 04 01 10
         Inactive: None

 Age at Entry: 27                          Years Contracted: 6

 Education Level: 16     

Highest Rank: 1stLT

 Final Officer Performance Evaluation Averages : All officer performance reports were available to the Board for review.

 Military Decorations: None

 Unit/Campaign/Service Awards: LoA, ACM, Rifle Marksmanship Badge, CoA(3), GCM (Army), Pistol Expert Badge, OSSR(Army), NDSM

Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Unacceptable Conduct (other), authority: MARCORSEPMAN Par. 4106.

 Chronological Listing of Significant Service Events :

930122:  NJP for violation of UCMJ, Article 107: one specification of making a false official statement to Major R_ S_, to wit: that you had ridden your motorcycle to and from Little Rock Air Force Base.
 Awarded letter of reprimand and forfeiture of $1150.00 per month for 2 months. Elected to submit a statement.
930122:  Letter of reprimand issued to applicant.

 930207:  Report of applicant's NJP to CMC. CG, 2d MAW recommended to CMC that applicant not remain on active duty without admin separation proceedings, and strongly recommended that a Board of Officers be convened in this case.
930217:  Applicant submitted a rebuttal requesting retention.

 930610:  Commander, MCF, Atlantic, recommended to CMC applicant not be retained and that he be discharged under honorable conditions (general).

930713:  CG, MCRSC advised CMC that applicant was discharged on 930626 by reason of Unacceptable Conduct, Separation Code of BNC1.

950320:  NDRB documentary record review Docket Number MD94-01525 conducted. Determination: discharge proper and equitable; relief not warranted.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 930625 under honorable conditions (general) due to unacceptable conduct (other) (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. 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. The Board found the applicant did not provide sufficient documentation to mitigate the circumstances surrounding his separation and warrant an upgrade to his discharge. Relief is therefore denied.

Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 4106 of the Marine Corps Separation and Retirement Manual, (MCO P1900.16D), effective 27 Jun 89 until 17 Aug 95, VOLUNTARY RETIREMENT OR RESIGNATION.

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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