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USMC | DRB | 2002_Marine | MD02-00300
Original file (MD02-00300.rtf) Auto-classification: Denied


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

ex-Cpl, USMC
Docket No. MD02-00300

Applicant’s Request
The application for discharge review, received 020116, 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 021121. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety but did discern an inequity in the characterization of the Applicant’s service. The Board’s vote was three to two that the character of the discharge shall change. The discharge shall change to: HONORABLE/Conscientious Objector, authority: MARCORSEPMAN Par. 6409.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 1. While in the Marines, I became involved with the Worldwide Church of God. At the time I did not know that this church was a cult. After my discharge I consulted with mainstream ministers who made me aware of the "Worldwide Church of God’s" cult status.

2. I am seeking an honorable discharge and motivated by JFK's saying, "Ask not what your country can do for you, but what you can do for your country." I do not seek VA benefits.

3. The U.S. Government is seeking individuals with knowledge of Arabic. I believe that I can be of assistance to my country due to my knowledge of Arabic and the middle east.

4. Enclosed are documents which reflect my character. I respectfully ask that you grant me an honorable discharge.

Signed by the Applicant

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter of Appointment as Communications-Electronics NCO dtd May 2, 1989
Meritorious Mast Certificate dtd Aug 16, 1989
Copy of DD Form 214 (Member's Copy 1)
Course Completion Certificate, The Marine NCO, dtd Feb 23, 1990
 DoN Graduate Certificate, 360 hour Cryptologic Technician Communications "A: School, dtd Dec 16, 1988
Promotion Certificate to Corporal dtd Jan 1, 1990
DoAF Letter of Appreciation dtd Oct 17, 1988
Letter of Appreciation from CO, Company K, Marine Support Battalion dtd Nov 21, 1988
DoA Good Conduct Medal from May 15, 1984 to May 14, 1987
Army Achievement Medal dtd Jul 31, 1986
Army Achievement Medal dtd Dec 15, 1986
DoA Certificate of Achievement dtd May 31, 1986
Presidential Sports Award dtd Mar 10, 1996
Certificate of Completion, Colorado State Patrol, Criminal Interdiction, dtd Sep 27, 1995
The Peace Officer Standards and Training Board Certificate from State of Colorado dtd Jul 14, 1995.
Certificate of Completion, Southern Colorado, Law Enforcement Training Academy, 510 hours Basic Law Enforcement Training, dtd Jul 14, 1995
Certificate of Completion, La lunta Police Academy, 32 hours Law Enforcement Driving, dtd Jul 13, 1995
Cleveland Institute of Electronics Diploma, Broadcast Engineering, dtd Dec 5, 1991

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USA                        840515 - 870817  RelAcDu (HON)
         Inactive: USAR            870818 - 880415  HON (to enlist USMC)
         Inactive: USMCR(J)                880416 - 880424  COG
        
Period of Service Under Review :
Date of Enlistment: 880425               Date of Discharge: 910211

 Length of Service (years, months, days):

         Active: 02 09 17
         Inactive: None

 Age at Entry: 24                          Years Contracted: 4

Education Level: 12                        AFQT: 57

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.7 (4)              Conduct: 4.7 (4)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Badge Expert (2), LoA (2), GCM (Army), OSSR (Army), AAM (1st OLC)

 Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Conscientious Objector, authority: MARCORSEPMAN Par. 6409.

 Chronological Listing of Significant Service Events :

891010:  Counseled for deficiencies in performance and conduct [45 minutes late reporting for watch]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

[Applicant's request for conscientious objector status and subsequent approval not contained in service record book.]

 910207:  Applicant interviewed and acknowledged that he is not eligible for reenlistment because of Conscientious Objector status 1-0 and has been assigned reenlistment code of RE-3H.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 910211 under honorable conditions (general) by reason of conscientious objector (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 but not equitable (D and E).

Issue 1. A member separated for the reason of conscientious objector status may be granted an honorable or under honorable conditions (general) discharge. The Board found that the Applicant’s characterization of service should have been based on the Applicant’s overall service record during the current enlistment. The Applicant’s average proficiency and conduct markings warranted an honorable characterization of service and he had no derogatory information in his record other than one page 11. Therefore the Applicant’s discharge is equitably characterized as honorable. Relief granted.

 Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6409, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16C, effective 27 June 1989 until 17 August 1995.

B. Marine Corps Order 1306.16E, dated 21 Nov 1986; concerning Conscientious Objectors.

 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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