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USMC | DRB | 2002_Marine | MD02-00070
Original file (MD02-00070.rtf) Auto-classification: Denied


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

ex-Cpl, USMCR
Docket No. MD02-00070

Applicant’s Request
The application for discharge review, received 010926, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020731. 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)/FULFILLMENT OF SERVICE OBLIGATION, authority: MARCORSEPMAN Par. 1105.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 1. My discharge was inequitable because it was based on a few incidents that happened early on in my enlistment. Foolish and immature decisions almost cost me everything. After receiving counseling and guidance from my superiors, I went on to make up all of the lost time and even voluntary extended my contract. With outstanding service in Desert Storm and no further incidents in almost three and a half years, I received my good conduct medal. I feel I served my country honorably and that my discharge should represent my honorable service.

 Documentation
Only the service record was reviewed, as the applicant did not provide additional documentation for the Board to consider.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 860322               Date of Discharge: 940720

 Length of Service (years, months, days):

         Active: 04 10 28 (Doesn't exclude lost time.)
         Inactive: 03 05 02

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 12                        AFQT: 50

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.5 (4)                       Conduct: 3.0 (6)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Expert Badge (4), MUC, NDSM, SWASM, SSDR (w/1 Star), GDM, Pistol Marksman Badge

 Days of Unauthorized Absence: 134+*

*Cannot verify, some documents in service record book are unreadable.

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

UNDER HONORABLE CONDITIONS (GENERAL)/FULFILLMENT OF SERVICE OBLIGATION, authority: MARCORSEPMAN Par. 1005.

 Chronological Listing of Significant Service Events :

860322:  Enlisted in the Marine Corps Reserve for a term of 8 years under the Delayed Entry/Enlistment Program (DEP).
860819:  Enlisted in the regular component of the Marine Corps for a term of 4 years at the USMC Recruiting Command, Chicago, IL.
870401:  NJP for violation of UCMJ, Article 86: unauthorized absence 0430, 861222 until 2300, 870207.
 Awarded forfeiture of $250.00 per month for 2 months, restriction and
extra duties for 45 days. Forfeiture of $250 pay per month for 1 month and restriction and extra duties for 45 days suspended for 4 months. Not appealed.
880322:  NJP for violation of UCMJ, Article 86: unauthorized absence from 880111 to 880225.
         Award: Forfeiture of $335 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1 (All punishment awarded suspended for 6 months). No indication of appeal in the record.
901209:  Involuntarily extended (CMC Washington DC Nov 90 message). Applicant advised that unless otherwise required for the purpose of deployment to Southwest Asia and Operation Desert Shield, he would be involuntarily extended more than 30 days beyond end of deployment.
910716:  Released from active duty and transferred to the Marine Corps Reserve by reason of "Completion of Required Active Service", and received a characterization of service as "General (Under Honorable Conditions).

940720:  Discharged from the Marine Corps Reserve by reason of fulfillment of service obligation. Note: this document/entry is not contained in applicant's service record book.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 940720 with a discharge of under honorable conditions (general) due to fulfillment of service obligation (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 significant 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 desertion on two occasions for which he was awarded non-judicial punishment. The applicant’s conduct falls short of that required for an honorable characterization of service. 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.

 Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice is evident 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.

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. Legal representation at a personal appearance hearing is highly recommended but not required.

Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 1005, DISCHARGE FOR EXPIRATION OF ENLISTMENT OR FULFILLMENT OF SERVICE OBLIGATION , Marine Corps Separation and Retirement Manual, (MCO P1900.16D, effective 27 Jun 89 until 17 Aug 95).

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 “ afls18.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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