Search Decisions

Decision Text

USMC | DRB | 2002_Marine | MD02-00234
Original file (MD02-00234.rtf) Auto-classification: Denied


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

ex-PVT, USMC
Docket No. MD02-00234

Applicant’s Request
The application for discharge review, received 020109, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant requested a documentary record discharge review. The applicant did not list any 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 OTHER THAN HONORABLE CONDITIONS/Misconduct – Pattern of misconduct (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. To Whom It May Concern:

The purpose of this letter is to provide information I feel is important concerning the cause of my inappropriate behavior while in the Marine Corps, that led to my receiving a discharge "Under Other Than Honorable Conditions."

The main problems I had that affected my judgment while in the Marine Corps were: Immaturity; Alcohol Problems; Family Problems (daughter's illness and separation); Financial Difficulties; Depression. Each of these problems contributed to my inability to properly handle the situations I found myself in, while in the Marine Corps; resulting in my making the wrong decision for the given situation.

I know that I let down my family, friends, the Marine Corps and myself. Over the years I have been able to reflect on my actions and realize I was in error. I know now that I had other options for each situation, which I should have utilized. Had I done so I would not have caused the problems I did.

While in the Marine Corps I received a Meritorious Mass and participated in Operation Desert Storm. My proficiency and conduct was normally above 4. 1, prior to the incidents leading to my discharge. I feel that my service was, for the most part, honorable. At no time did I intentionally do something to harm the Marine Corps. During Operation Desert Storm I preformed my duties honorably. As a result I feel that at least I should have received a General Discharge Under Honorable Conditions.

Since my discharge I have maintained gainful employment and provide support for my wife and four children. I have returned to school and am currently being trained in the computer field so that I may continue supporting my family and be an even more constructive member of my community.

 Thank you for your time and consideration with my request.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Copy of Combat History-Expeditions-Award Record
Copy of Record of Service
PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                880915 - 890731  COG

 Period of Service Under Review :
Date of Enlistment: 890801               Date of Discharge: 911018

 Length of Service (years, months, days):

         Active: 02 01 05
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

Education Level: 12                        AFQT: 57

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.0 (8)                       Conduct: 3.2 (9)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Marksman Badge, NDSM, MM, CAR, SASM(w2*), SSDR

 Days of Unauthorized Absence: 43

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Pattern of misconduct (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.3.

 Chronological Listing of Significant Service Events :

900117:  Counseled concerning being absent from appointed place of duty, working party on 891219, and being asleep in the rack while in uniform and during working hours.

900131:  NJP for violation of UCMJ, Article 86: On or about 1300, 900121 was absent from appointed place of duty as Supernumerary at StudCoB, ScolsBn, MCCES, MCAGCC.
         Award: Restriction for 7 days. Not appealed.

900412:  NJP for violation of UCMJ, Article 86: On or about 0600, 900127 was absent from appointed place of duty, to wit: Restriction muster at StudCoB, ScolsBn, MCCES, MCAGCC. Violation of UCMJ, Article 86: UA(AWOL) from 0550, 900205 until 0100, 900321 (43 days/S) from StudCoB, ScolsBn, MCCES, MCAGCC.
         Award: Forfeiture of $362.00 pay per month for 2 months, restriction and extra duty for 45 days. Not appealed.

910305:  Counseled for deficiencies in performance and conduct. [Frequent involvement with military authority.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

910307:  NJP for violation of UCMJ, Article 128: While at Operation Desert Storm, Camp Flatousn, DSA, Saudi Arabia, on or about 2205, 910302 commit assault upon LCpl T.G. G_ by striking him with a flashlight and his fists about the face and head and did thereby intentionally inflict bodily harm upon him, to wit: causing multiple lacerations and bruises to indicate the need for stitches.
         Award: Reduction to E-1 (suspended for 6 months). Not appealed.

910527:  NJP imposed and suspended on 910307 for a period of 6 months is hereby vacated and the punishment is ordered executed.

910530:  NJP for violation of UCMJ, Article 128: In that Pvt G_, did in the parking lot, Enlisted Club, KMCAS, HI, on or about 2235, 910509, assault HM3 T. D_ USN, who then was and was then known by the accused to be a petty officer of the United States Navy by repeatedly striking him in the head and face with his fist.
 Awarded forfeiture of $168.00 pay per month for 1 month, restriction and extra duties for 14 days. Not appealed.
910912:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.
910912:  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 applicant’s four non-judicial punishments.

910916:  Applicant advised of 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.

910923:  SJA review determined the case sufficient in law and fact.

910924:  GCMCA [Commanding General, 1 st Marine Expeditionary Brigade] 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 911018 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. 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 four 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. While he may feel that the problems he listed in his issues 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. The applicant’s awards, combat record, and performance and conduct evaluations are not sufficient to mitigate his misconduct. An upgrade would be inappropriate. Relief denied.

The applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. The Board found no indication the applicant was unfairly denied any rights concerning his service and discharge. 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. 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 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 128, assault.
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      


Similar Decisions

  • USMC | DRB | 2001_Marine | MD01-00674

    Original file (MD01-00674.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copies of DD Form 214 (2) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USMC None Inactive: USMCR(J) 840728 - 850722 COG Period of Service Under Review :Date of Enlistment: 850723 Date of Discharge: 870408 Length of Service (years, months, days):Active: 01 08 10 Inactive: None 870108: Commanding Officer,...

  • USMC | DRB | 2002_Marine | MD02-01034

    Original file (MD02-01034.rtf) Auto-classification: Denied

    MD02-01034 Applicant’s Request The application for discharge review, received 020715, requested that the characterization of service on the discharge be changed to honorable. Issues, as submitted Pursuant to 10 USC, section 874 (b), (UCMJ, Article 74) and in accordance with SECNAVINST 5420.174C, enclosure (1), paragraphs 2.24 and 9.3, this former member requests the Board’s clemency relief with up-grade of his characterization of service on the basis of his post-service conduct. PART III –...

  • USMC | DRB | 2005_Marine | MD0501035

    Original file (MD0501035.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. I served for 29 months in the Marine Corp Reserve. 931117: GCMCA, Commanding General, Marine Reserve Force, New Orleans, LA, informed the Commandant of the Marine Corps (MMSB-20), that the Applicant was directed discharged under other than honorable conditions by reason of misconduct due to drug abuse.

  • USMC | DRB | 1999_Marine | MD99-00875

    Original file (MD99-00875.rtf) Auto-classification: Denied

    MD99-00875 Applicant’s Request The application for discharge review, received 990609, requested that the characterization of service on the discharge be changed to general/under honorable conditions, that the RE code be upgraded, and the reason for the discharge be changed to convenience of the government. PART I - APPLICANT’S ISSUES AND DOCUMENTATION After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the...

  • NAVY | DRB | 2004 Marine | MD04-00864

    Original file (MD04-00864.rtf) Auto-classification: Denied

    MD04-00864 Applicant’s Request The application for discharge review was received on 20040427. _______________________________________________________________________ In accordance with 32 C.F.R., section 724.166 and SECNAVINST 5420.174C, enclosure (1), paragraph 1.16, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the above issue and following statement in supplement to this Applicant’s petition. The Applicant’s Representative states that “this Applicant is...

  • USMC | DRB | 2006_Marine | MD0600350

    Original file (MD0600350.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. 910315: GCMCA, Commanding General, Marine Corps Air Ground Combat Center, Twentynine Palms, California, directed the Applicant's discharge under other than honorable conditions by reason of misconduct, specifically, drug abuse.910328: Applicant evaluated by a medical officer and diagnosed as being drug or alcohol dependent. The Applicant requests the Board consider...

  • USMC | DRB | 2003_Marine | MD03-01483

    Original file (MD03-01483.rtf) Auto-classification: Denied

    MD03-01483 Applicant’s Request The application for discharge review was received on 20030909. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Chronological Listing of Significant Service Events :950127: NJP for violation of UCMJ, Article 86: UA from 0700, 950110 to 2030, 950119.Awarded forfeiture of $223.00 (suspended for 6 months), restriction and extra duties for 14 days.

  • USMC | DRB | 2001_Marine | MD01-00094

    Original file (MD01-00094.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION 910918: GCMCA [Commanding General] directed the applicant's discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions. 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).In the applicant’s issues 1-3, the Board found that although the applicant may have received...

  • USMC | DRB | 2000_Marine | MD00-00188

    Original file (MD00-00188.rtf) Auto-classification: Denied

    MD00-00188 Applicant’s Request The application for discharge review, received 991118, requested that the characterization of service on the discharge be changed to General/under Honorable conditions. There's nothing more I want to do than become a marine again. 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 [ e.g., Article 86, unauthorized...

  • USMC | DRB | 2005_Marine | MD0501087

    Original file (MD0501087.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). st Radio Battalion, Fleet Marine Force Pacific, recommended Applicant’s discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.950512: Applicant submitted statement, “APPEAL OF CHARACTERIZATION OF ADMINISTRATIVE SEPARATION” to Commanding General, 1 You may view DoD Directive 1332.28 and other...