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USMC | DRB | 2002_Marine | MD02-00423
Original file (MD02-00423.rtf) Auto-classification: Denied


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


ex-Pvt, USMC
Docket No. MD02-00423

Applicant’s Request
The application for discharge review, received 020221, 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 02xx. 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: BAD CONDUCT DISCHARGE/As a result of a courts-martial (SPCM) – Other, authority: MARCORSEPMAN Par. 1105.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as submitted
If the board pleases,
 I am requesting a review of my Serviceman's Record Book contents as well as my statements along with the enclosed documents in order for you to determine eligibility for my discharge to be upgraded.
I accept full responsibility for my mistake, an instance of faulty judgment resulting in a violation of the UCMJ's Article 86. I call your attention to the unauthorized absence recorded on the bottom of my enclosed DD 214. I choose to ignore any mitigating factors of youth and immaturity. There was no excuse for this action. A 20-year old is an adult. As I realize a "Bad-Conduct" discharge says it all, I appeal this at my military recruiter's urging and I will respect whatever the board hands down.
I did not know a board like this existed or clemency was even considered upon those who may merit it. Please consider my case and convene upon me any re-characterization that is deserved. It is fully understood that mine is a very serious penalty to overcome. I have lived with this for a while. I hope I merit your board's relief based on what I can yield.
I am a striver, I have ambition, and I have a game plan with a time table. I am a conscientious and hard worker. I have tried to volunteer when and what I could along the way. My intents are to be personally honest toward and completely respectful of this board. You study thousands of scenarios and I know your perspective is better than mine. I believe, after exposure to case after case, objectivity has become your primary forte. I believe also that, after ten years, this case deserves review.
My interests are focused on employing your objectivity as well as summoning appropriate compassion. I never sought mercy at, or appeal subsequent to, my sentence. I accepted their authority as I acknowledge yours. I admitted that I blundered into malfeasance to the result of major repercussions: solitary confinement, hard labor, humiliation, and guilt. I am seeking an involved inspection. I offer all I can in the way of self-description and what may be of worth as evidence. I ask the board to check for anything that would qualify me for relief from a BCD.
I was an accomplished trooper who received two promotions meritoriously, assignment to NAS-Memphis' Honor Platoon, and orders to fulfill the duties of the guard-driver billet for our Base Admiral, R.Adm. R_ A_. I enjoyed having these assignments, being selected for Avionics schooling, and the challenges these opportunities offered. During the due course and accomplishment
 of these responsibilities, I received the choice of my next duty station and a letter
of recognition. I chose the 2d Marine Air Wing because I liked the Carolinas. I felt privileged and happy in my work. My PFT scores were always first class, on the range I was a rifle-sharpshooter, and my PRO/CON numbers were consistently high. I earned the FBI Secret Clearance at MCAS-Cherry Point for flight-line access and work. No NJP'S, Captain's Masts or anything of the sort besmirched my track record until the following occurred.
After an authorized leave, I became aware of a major crisis that befell my parentage and prompted extended, unauthorized absence before returning to my unit as ordered. This emergency and humanitarian situation I involved myself with is elaborated upon fully in the enclosed affidavit from my childhood guardian and grandfather, Dr. G F, USN, CIA. This individual was our patriarch and most respected elder in the family. We were an old-fashioned, extended family that included no less than eight blood relatives under the roof I grew up under this man's roof. For years, this man kept my sister and me fed and warm on his civil servant's pay. My act was anything but capricious, arbitrary, selfish, or whimsical. However, it was irresponsible, and I am very clear on that. I did not think it through, and the time I impulsively gave to family was not mine to give. I am still sorry about this lapse in judgment.
Prior to this offense, I never had problem with authority. I liked the military life: the regimentation, opportunity, exercise, travel camaraderie, and the vocation itself. I followed orders to the letter, for the efficiency and expeditious execution of the task at hand. I believed in the broad scheme of things and in functioning as a member of a team working toward accomplishing larger goals. I did not believe in questioning those for whom I worked. I offer no excuse, justification or rationale for my misstep. I let important people down with this UA incident: my superiors, my peers, and my subordinates. I put feelings over the affairs of the Department of the Navy's United States Marine Corps.
I put family before the flag, which is an easy slip if one fails to remember that the flag makes having family possible for us and not vice versa. The flag makes a lot of things possible, and these things need to be of secondary importance to it if a person is enlisted and has made a full-time, active duty commitment to its armed forces. However late, I privately came to this understanding. Mine was not a case of disenchantment or malice, but rather of balking with a stupidly juggled prioritization of the Family-God-Country metaphysics as a young adult. Violating Article 86 was very wrong. I consulted with my Gunnery Sergeant, my Career Counselor, and the Chaplain for direction. I put in for Humanitarian Transfer and was declined. The same occurred with a 30-day leave application. I could only secure a 96-hour pass. When I got home I was aghast at the bleakness and I stayed on to help as much as I could. The decision was conflicted and faulty. I destroyed the greatest accomplishment I had ever known, my career.
This solitary act was not indicative of pattern-behavior, cowardice, or an undependable bent in personality. I did not have to be apprehended or escorted back while on UA status. After contributing toward housing, transportation, familial stabilization and emotional triage on the home front, I surrendered alone to
 face the consequences, return the debt with interest, and continue with my work as an Avionics Technician. I thought I could get the whole mess straightened-out. I hope it remains clear I am explaining myself and not excusing myself.

 I returned to my unit, suited back up, was assigned to the S-4 branch of MALS-32 under L/Cpl. T_ G_, and was put back on the flight-line with my old clearance. I loaded MRE's and blankets onto C-130's as I awaited the legal process. I deluded myself that the misdemeanor was victimless and repairable. I hoped demotion, brig time, and fines were all I would be doomed to. I was wrong but I never expected ruining the faith from my superiors, ruining the trust of a Secret Clearance, along with ruining an entire career would be so effortless and absent-minded like a car accident. But that's how sudden it felt as well. Before I knew it, I was at the base's front gate with appellate papers and a map to the Interstate. I was not so much shocked with this BCD as I was stunned at the reality of it.
It was a dishonorable episode, and I did it to myself. It wasn't a woman, the bottle, a war, or any other scapegoat contributing. I insulted a noble career and turned my back on an important brotherhood. I have realized that the stricken head of our family was not the crux of the matter. What it boiled down to was, with misplaced priorities, I acted foolishly. In 1992, 1 was not allowed to stay enlisted. I wish I caught an echo of Puller or Nimitz before I turned to idiocy on that 96-hour pass. The violation was not victimless. People go AWOL, the unit is weakened, the force is corrupted, the defense has holes, lives are risked or lost. My crime also seemed far from repairable.
I was raised by good people. I came from a decent, working family and joined the military to serve the Department of the Navy as had many, many brave relatives before me. I was taught to act better than I did. I feel nothing less than real remorse. At times like the present, when our citizens and protectors are slain in numbers, I feel shame. It smacks and disgusts. Those things our flag makes possible like freedom-of-religion and free-market capitalism are now attacked and good people are felled. I feel shame for being a liability rather than an asset.
Ever since the service, I have been a community oriented, full-time job
 holder, part-time college student, tax payer, citizen, and voter. I am a regular church goer and alms contributor, if twice monthly may be regarded as such. I cannot afford to volunteer anything but blood for the Red Cross efforts each year, canned goods at the Legion Post, clothing to Goodwill®, and tithing at church. My time is earning potential, and I am of limited means. I need to work hard to realize capital as well as study hard to develop prospects. I have never been on unemployment or welfare. I have been very lucky, eager, and able-bodied for work. After the discharge, I drove home to Boston where I worked in the Laborers' Union #88 Tunnel Workers. The rampant "big-dig" corruption, on the job substance abuse, and force-fed union politics were abhorrent to me long before the newspapers exposed these things to Congress. I left after a year. I then worked the South Boston docks as a longshoreman, but there weren't full-time hours for an upstart. I ended up working days as a bank teller, nights as a bartender, and funding some part-time college. It was 1997. It was clicking, I
 had a momentum, and I kept plugging away trying to improve my station.

         My plan now is to begin attending a computer curriculum for a career shift in mid-2002. I am registered with Clark University studying for a private sector job as a Microsoft Certified Engineer if the United States Army is not allowed to further process my formal reenlistment application presently underway.

 Over the years, I have refereed several organized hockey games for youngsters for free and ladled at a shelter's soup-kitchen two or three Thanksgivings some years back. In the way of community involvement, other than parishioner involvement with Saint Francis Xavier in Scituate, Massachusetts; I am registered locally with the American Legion #368, regionally with the NRA, and regularly with the GOP. I contribute funds or ballots for folks who are helping the homeless veterans, unifying the Bill-of-Rights defenders, and strengthening the conservative community.
I would like to submit that I have no history with physical malady, psychological illness, alcohol, drug, or domestic abuse. I have had a clean driving record for twenty years. I have earned the step-9 insurance level, the best there is. I have a reputation free DWI convictions, of accident claims, of road rage brushes, or moving violation citations. I have neither a criminal record nor any warrants pending. This may reinforce qualities of good character.
A person of good character does not detract from society, and the worst trouble I have ever been involved with in my life was this docket's subject matter. I ask the board to give a good study of my infraction in 1985 and the punishment I continue to serve, still carrying my BCD like a yoke. I understand that maybe I was treated aptly with what I got. To the board, perhaps this BCD is proper and equitable to a misdemeanor recalcitrant like me, but this discharge has been the bane of my existence. It has been nearly a decade as a soul of the margin, living with both limited scope and opportunity. I make do. I have work, health, friends, hobbies, and inspiration. At arm's length, I have a 350-year old Boston brimming with commerce, academia, culture, and accomplishment. I too want to accomplish important things. I dread the thought of being relegated as unworthy for the rest of my days. My BCD is a thorn in the side of progress. I want to substantially pay back. A good character contributes significantly to his society.
I ask the board for an equity reexamination, a comparative reassessment, and a contemporary reconsideration. I have given my actions and my life a thorough scrutiny. I know clemency only as a magnanimous and unexpected possibility. I never knew about this board until my military recruiter alerted me to it in September. I hope the inclinations and guidelines allow for an improved disposition. My character and SRB attest that my post-service and positive military aspects may nearly counter the one incident of bad conduct. I have been and will continue working toward an honorable level of character, with or without a successful review. I believe in that direction. I appreciate my happiness and freedom. In another country or era, I may have been imprisoned for years. Or worse. I am very aware of this. I am also aware that I am owed nothing merely for the sole passage of time or the industrious personal outlook.
Two months ago, I initiated the process of entering the Army. I was in the military recruiter's office 29 Sep 01. I detailed my past, gave them my old DD 214 copy, went to the MEPS station, aced their two-hour ASVAB test, and signed my name three times on some pre paperwork. My military recruiter, Sgt. C_, told me that a full-length, 8 1/2 " x 14" DD 214 was needed. I then mailed off to the National Personnel Records Center in Saint Louis and waited. The Army tried working, by the book, around the BCD for me in the meantime, but in vain.
They instructed me to plead an upgrade in order to get back in. I "went" Army because of their National Guard. I wanted, at the least, to join their home defense in the effort against these sorocine Saracens who feel inclined and licensed to guide missiles into our capitals. These uppity factions and their sponsors must be divided and conquered. I see these moral and intellectual imbeciles killing soldiers and civilians en masse and am stupefied at the gall. I hear rumors of old KGB/black market nuke-suitcases in the same sentence as the Alaskan Pipeline and I am incensed. These terrorists are not being reduced to non-factors quickly enough. I seek an honorable posting. I ask you to enable me with a re-characterization. My military recruiter and I are anxiously anticipating fairness and mercy. Equity and clemency. I want to slow, stop, and reverse the enemy, good review board. These lunatics are not going away tomorrow. They will ebb and flow for years until our job is done, and it's a tall order. You may rightly believe I deserve to remain sidelined. However, if your clout and mercy are commensurate, I am bidding all five of you to afford me, if I rate it, one iota of either.
The Army is encouraging me to get back into the fold. I just got a follow up call last night from Sgt. C_. For proof, it can be tracked from a phone bin. I told him I am pleading my case as instructed. He referred me to Saint Louis for the DD 214, and he referred me to your board. Given your confidence, I will be in the position to contribute more of myself for the sake of paying back. I humbly hope the Department of Defense's Naval Discharge Review judges and the Department of the Army's recruiting battalion are comprised of similarly, if not like, minded folks. I found a recruiting office that wants to give me a job. My aim is that the board's desires and the Army's are mutual.
I am smart and willing to follow. I still have the stature and stamina of a 25-year old along with a better heart than many for the work. I offer my entire inventory. Ask a hundred able bodied, intelligent young individuals on the street or campus tomorrow to enlist and a handful might commit. I would do anything for that chance. I am currently temp-ing at Boston College and, sadly, the prevailing attitude there is distanced, moronic, equivocal apathy. It saddens me.
According to my military recruiter, I can only re-enlist with your positive review. I am not involving my idle or your valuable time for the petty sake of sundry benefits, educational assistance, or any VA freebies like healthcare procedures or medicine. I pay my own way in life and I want to pull my weight with the government by contributing to their big goal.
My civilian perception is that this threat is the most obscene menace to date against our homeland and way of life. Permit me to help buffer our republic from zealots who have a belief system of wanton murder and running amok over any who do not bow to their totem. There has to be a stipulation or codicil somewhere in the board's agenda that affords a proper and legal modicum of leniency or flexibility toward my sentence.
For the lost time of my unauthorized absence, I served three days of lightless, solitary confinement in shackles. I served the balance of a thirty-day stretch at daily hard labor. I served the balance of the last ten years diligently doing right by my government, my employer, my community, the young, and my neighbor in need. Respect is my primary intent here, desperation or sass is not. I only want to give back and not just via hard work, tax and charity. Over the years, I have even sought appointment to the civil service at a cost of $35.00 per try. My last firefighter test yielded me a 90 out of 99. It was not good enough. The administrators must research the Applicants' backgrounds. I got no where. I cannot police neighborhoods or deliver mail with a BCD past looming either. It is heartily frustrating to be out of the loop for the duration. Once, I was Admiral Austin's guard. Presently, I do not even qualify to serve society as a jail guard for sociopaths. I just scored 98 out of 99 for the Army. I wish I could demonstrate efforts more encompassing, work harder, or argue my case stronger to merit a positive review, an honorable re-characterization, and the soldiering reincarnation I seek.
My military recruiter is poised to send me off for recruit training. As I am aware where your jurisdiction ends, my Sgt. C_ and I will work together to take the next step. We need the catalyst action of the board's relief I have endured an austere and rugged quality of life for quite a length of time with my BCD, its stigma, and the inherent discrimination in the private as well as public sector workplaces. I am not complaining. This is my lot in life. However, it seems too little to me, just paying back my debt to society. I aspire toward serving society and in an honorable manner indicative of an apologist with real character. I only solicit dignity and opportunity.

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Picture of RADM R_ A_, USN
LCpl Appointee Certificate
 Program from Marine Corps Recruiting Depot
 Letter of Recognition
Character Reference Letter
 Reference Letter
 Transcript from University of Boston
Application Form from Clark University Computer Career Institute
 Projection Worksheet Quincy Recruiting Station
Copy of American Legion Membership Card
Copy of National Rifle Association Membership Card
Copy of Massachusetts Driver's License

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
          Inactive: USMCR(J)                840223 - 840226  COG

 Period of Service Under Review :
Date of Enlistment: 840227               Date of Discharge: 920507

 Length of Service (years, months, days):
         Active: 08 02 11
          Inactive: None
Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 86
Highest Rank: LCPL

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 4.4 (7)                       Conduct: 4.4 (7)

 Military Decorations: None
Unit/Campaign/Service Awards: Rifle Sharpshooter Badge, GCM

Days of Unauthorized Absence: 1769

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

BAD CONDUCT DISCHARGE/As a result of a courts-martial (SPCM) - Other, authority: MARCORSEPMAN Par. 1105.

 Chronological Listing of Significant Service Events :

901212:  Special Court-Martial
          Charge I: Violation of the UCMJ, Article 86, Specification: Did, at MCAS, Cherry Point, NC, on 851210, without authority, absent himself from his unit, and did remain so absent until 901016.
         Findings: To Charge I and specification thereunder, guilty.
          Sentence: Forfeiture of $482.00 pay per month for 3 months, reduction to E-1, and a bad conduct discharge.
          CA 910329: Only so much of the sentence as provides for a bad conduct discharge, confinement for thirty (30) days, forfeiture of $482.00 pay per month for three months, and reduction to pay grade E-1, and except for the bad conduct discharge, will be executed.
         
901212:  To confinement, Sentence of SPCM.

 901212:  Applicant executed a Waiver of Clemency Review to the Naval Clemency and Parole Board.

910105:  From confinement, to duty.
910719:  NMCCMR: On 1 July 1991, the accused, through counsel, filed a motion to withdrawn from appellate review. The motion was granted by the Navy-Marine Corps Court of Military Review.
910905:  SSPCMO: Article 71c, UCMJ, having been complied with, bad conduct discharge will be executed.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 920507 with a bad conduct discharge which was the sentence adjudged by a properly constituted special court-martial that was determined to be legal and proper, affirmed in the legal chain of review and executed (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. With respect to a discharge adjudged by a court-martial case, the action of the NDRB is restricted to upgrades based on clemency (C, Part IV). The Applicant’s case was considered under the pertinent standards of equity to determine if any factors in this particular case merited clemency. The NDRB found the Applicant’s service record and evidence of post-service conduct devoid of any mitigating or extenuating factors sufficient to offset the seriousness of the offenses for which the discharge was awarded. Relief denied.
The Applicant’s discharge characterization accurately reflects his service to his country. The NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. 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 for good conduct in civilian life, subsequent to leaving the service. Relief not warranted.
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. Representation at a personal appearance hearing is recommended but not required.


Pertinent Regulation/Law (at time of discharge)
A. Paragraph 1105, DISCHARGE ADJUDGED BY SENTENCE OF COURTS-MARTIAL , 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 for more than 30 days.
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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