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USMC | DRB | 2002_Marine | MD02-00475
Original file (MD02-00475.rtf) Auto-classification: Denied


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


ex-Pvt, USMC
Docket No. MD02-00475

Applicant’s Request
The application for discharge review, received 020306, requested that the characterization of service on the discharge be changed to honorable, the reason for the discharge be changed to secretarial authority, the reenlistment code be changed to RE-1, and corresponding Separation Program Number/Designator changes. The Applicant requested a personal appearance hearing discharge review before the Board in the Washington National Capital Region. The Applicant listed American Legion as his representative on the DD Form 293.

Decision

A personal appearance discharge review hearing was conducted in Washington, D.C. on 021028. 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 unanimous that the character and narrative reason of the discharge shall not change. The discharge shall remain: BAD CONDUCT DISCHARGE/As a result of a court-martial (SPCM)- other, authority: MARCORSEPMAN, PAR. 1105.


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





BCD8210m
THIS IS THE CORRECT SHELL FOR A BCD, EFFECTIVE 1 OCT 82 UNTIL 26 JUN 89.

THE CORRECT NARRATIVE REASON FOR SEPARATION FOR THE SPD CODE JJD2 IS “As a result of a court-martial (SPCM)-Other”. Separation Code JJD2. (Listed on page 1-44of MCO P1900.16C, 4 Oct 82) THE CORRECT NARRATIVE REASON FOR SEPARATION FOR THE SEPARATION CODE JJC2 IS “As a result of a court-martial (SPCM)-Desertion”.


A general discharge is written “ UNDER HONORABLE CONDITIONS (GENERAL)” (See MCO P1900.16C, page 1-37, effective 1 Oct 82)

An under other than honorable conditions discharge is written “UNDER CONDITIONS OTHER THAN HONORABLE” (See MCO P1900.16C, page 1-37, effective 1 Oct 82)

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as submitted

 1. Pursuant to 10 USC 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 to Honorable on the basis of his post-service conduct.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
(1)      DOCUMENT 1:      Letter from Applicant
(2)      DOCUMENT 2:      Copy of DD Form 214

 (3)      DOCUMENT 3:      Letter from Applicant
(4)      DOCUMENT         4:       PRE-SERVICE EDUCATIONAL HISTORY
         (5)      DOCUMENT         5:       PRE-SERVICE ACTIVITIES
         (6)      DOCUMENT         6:       Saint Mary-Sacred Heart School Diploma

 (7)      DOCUMENT         7:       Joliet Township High Schools (Central Campus) Diploma
(8)      DOCUMENT         8:       National Honor Society Of Secondary Schools Certificate
         (9)      DOCUMENT         9:       Joliet Township High Schools (Central Campus)
          Perfect Attendance Certificate
         (10      DOCUMENT         10:      Joliet Township High Schools (Central Campus)
          Guidance Counselor Letter
         (11)     DOCUMENT         11:      Young Men's Christian Association Of Joliet
          Certificate Of Merit
         (12)     DOCUMENT         12:      Joliet Junior College
          Associate In Arts And Science Degree Diploma
(13)     DOCUMENT         13:      College Of Saint Francis (Renamed: University Of Saint Francis) Bachelor Of Business Administration Degree Diploma
         (14)     DOCUMENT         14:      American Marketing Association
         Certificate Of Membership
         (15)     DOCUMENT         15:      Western Illinois University
         Master Of Business Administration Degree Diploma
         (16)     DOCUMENT         16:      Association Of MBA Executives Incorporated
         Certificate Of Membership
         (17)     DOCUMENT         17:      I. IN-SERVICE HISTORY

          (18)     DOCUMENT         18:      The United States Marine Corps
          Certificate Of Acceptance
         (19)     DOCUMENT         19:      The United States Marine Corps
         Promotion Certificate
          (20)     DOCUMENT         20:      Military Personnel Records       Pages 20 a       20 n
          (21)     DOCUMENT         21:      Military Medical Records         Pages 21 a       21 h
(22)     DOCUMENT         22:      Basic Typing And Personnel AdministrationCourse4-85 Certificate
         
(23)     DOCUMENT         23:      Naval Hospital: Interim Narrative Summary
         
(24)     DOCUMENT         24:      Naval Hospital: Discharge Nursing Note And Patient Instructions
(25)     DOCUMENT 25:     Naval Hospital: Hospitalization Orders
         (26)     DOCUMENT 26:     Record Of Trial And Accompanying Papers
          By SPECIAL COURT-MARTIAL
         (27)     DOCUMENT 27:     DD FORM 214
          Certificate Of Release or Discharge From Active Duty
         (28)     DOCUMENT 28:     I. POST-SERVICE EDUCATIONAL HISTORY
         (29)     DOCUMENT 29:     II. POST-SERVICE ACTIVITIES

          (30)     DOCUMENT 30:     Joliet Junior College
         Certificate Of Completion In Retail Clerk

         (31)     DOCUMERR 31:     Joliet Junior College
         Certificate Of Achievement In Retail Business Management

         (32)     DOCUMENT 32:     Joliet Junior College Alumni Association
         Certificate Of Recognition

         (33)     DOCUMENR 33:     Joliet Junior College
         Associate In General Studies Degree Diploma

         (34)     DOCUMENT 34:     Joliet Junior College Alumni Association
         Certificate Of Recognition

         (35)     DOCUMENT 35:     Psi Beta National Honor Society
          Certificate Of Membership
         (36)     DOCUMENT 36:     Phi Theta Kappa International Honor Society
 Chapter: Alpha Lambda Phi Certificate Of Membership
(37)     DOCUMENT 37:     Moraine Valley Community College Business Administration Associate In Applied Science Degree Diploma
         (38)     DOCUMENT 38:     Moraine Valley Community College
          Certificate Of Completion In Business Skills
         (39)     DOCUMENT 39:     Moraine Valley Community College
          Certificate Of Completion In Employee Training And Development
(40)     DOCUMENT 40:     Moraine Valley Community College, Marketing And Merchandising Associate In Applied Science Degree Diploma
(41)     DOCUMENT 41:     Moraine Valley Community College Human Resources Management Associate In Applied Science Degree Diploma
         (42)     DOCUMENT 42:     Phi Theta Kappa International Honor Society
          Chapter: Alpha Iota Lambda Certificate Of Membership
(43)     DOCUMENT 43:     Phi Theta Kappa International Honor Society
          Chapter: Alpha Iota Lambda Membership Card

          (44)     DOCUMENT 44:     Minority Student Transfer Center
 Moraine Valley Community College Certificate Of Recognition - Academic Achievement
         (45)     DOCUMENT 45:     Minority Student Transfer Center
         Moraine Valley Community College Certificate Of Recognition -
          Successful Academic And Degree Completion
         (46)     DOCUMENT 46:     The National Dean's List
          Certificate 1995-1996

         (47)     DOCUMENT 47:     The National Dean's List
         Certificate 1996-1997

         (48)     DOCUMENT 48:     Black Pride Inc.
         Certificate Of Accomplishment

         (49)     DOCUMENT 49:     Phi Sigma Epsilon;
         Chapter: Delta Omega Certificate Of Membership

         (50)     DOCUMENT 50:     American Management Association
         Certificate Of Membership

         (51)     DOCUMENT 51:     National Employment Counseling Association
         Certificate Of Membership

         (52)     DOCUMENT 52:     International Personnel Management Association
         Membership Card

         (53)     DOCUMENT 53:     Survey Center Incorporated
         Certificate Of Completion - Market Research Training Course

         (54)     DOCUMENT 54:     Cornerstone Orientation
         Certificate Of Completion

          (55)     DOCUMENT 55:     United Parcel Service
          Employee Of The Month Certificate

          (56)     DOCUMENT 56:     National Black MBA, Incorporated
         Certificate Of Membership

         (57)     DOCUMENT 57:     Saint Luke Evangelical School Of Biblical Studies
         Honorary Doctor Of Divinity Degree Diploma

         (58)     DOCUMENT 58:     Northeastern Illinois University
         Achievement Letter

         (59)     DOCUMENT 59:     Mu Kappa Tau National Marketing Honor Society
         Certificate Of Membership

         (60)     DOCUMENT 60:     The Resume Of D_ T. T_

         (61)     DOCUMENT 61:     Social Security Card

 (62)     DOCUMENT 62:     State Of Illinois Affidavit And Certificate Of Correction D_ T. T_ Filed: June 16, 2000
 (63)     DOCUMENT 63: Certificate Of Birth, Filed November 16, 1961.
 (64)     DOCUMENT 64: Certificate Of Birth, Amended June 26, 2000
(65)     DOCUMENT 65: State Of Illinois Certificate-Of Live Birth
(66)     DOCUMENT 66: DD FORM 149 Application For Correction Of Military Records; CORRECTION:    The misspelling of middle name.
(67)     DOCUMENT         67:      Illinois Drivers License
(68)     DOCUMENT         68:      Illinois Drivers License         File: T300 1786 1319
 DATE: August 01, 2000
(69)     DOCUMENT         69:      Illinois Drivers License File (Court Purposes): T300 1786 1319 D_ T. T_ DATE: August 01, 2000
(70)     DOCUMENT         70:      Conviction Information Request
          Fingerprints DATE: July 17, 2000
         (71)     DOCUMENT         71:      Illinois State Police
         Bureau of Identification Conviction Information Request  DATE: July 29 ,    2000

 (72)     DOCUMENT         72:      DD FORM 215 Correction to DD FORM 214, Certificate Of Release or Discharge From Active Duty
         (73)     DOCUMENT         73:      Delta Psi Omega
          Award For Academic Excellence
         (74)     DOCUMENT         74:      Acton Liberty University
          Bachelor Of Divinity Degree Diploma
(75)     DOCUMENT         75: Burns International Security Services/Pinkerton/Securitas    Security Officer Of The Month Achievement Letter
         (76)     DOCUMENT         76:      Northeastern Illinois University
          Letter Of Good Standing
          (77)     DOCUMENT 77:     Letter Of Recommendation - Dr. H_ A_

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
          Inactive: USMCR(J)                841219 - 841226  COG
Period of Service Under Review :
Date of Enlistment: 841227               Date of Discharge: 870306

 Length of Service (years, months, days):
         Active: 02 02 10
          Inactive: None
Age at Entry: 23                          Years Contracted: 4

Education Level: 17                        AFQT: 78
Highest Rank: LCpl
Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.1 (3)                       Conduct: 2.4 (4)
Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Sharpshooter Badge

Days of Unauthorized Absence: 126

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

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

 Chronological Listing of Significant Service Events :

860218:  Applicant apprehended by civil authorities on 860212 (1330) at Lemont, IL. Returned to military control 860212. Transferred to PADSco, MCSSS MCB Camp Lejeune, NC.
860304:  Special Court-Martial.
         Charge I: violation of the UCMJ, Article 86, Specification 1: UA 851012-860212 (126 days/A).
          Findings: to Charge I and specification 1 thereunder, guilty.
          Sentence: CHL for 100 days, forfeiture of $250.00 pay per month for 3 months, reduction to E-1, and a bad conduct discharge.
         CA 860606: Sentence approved and ordered executed except for the bad conduct discharge.
         
860703:  To appellate leave.

 860826:  NMCCMR: Affirmed findings and sentence.
861009:  NC&PB denied clemency and restoration.
870210:  SSPCMO: Article 71c, UCMJ, having been complied with, bad conduct discharge ordered executed.
880408:  NDRB documentary record review Docket Number MD87-01666 conducted. Determination: discharge proper and equitable; relief not warranted.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 870306 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 devoid of any mitigating or extenuating factors sufficient to offset the seriousness of the offenses for which the discharge was awarded. No other narrative reason other than “As a result of a court-martial (SPCM)” more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. 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. Despite the noteworthy education credentials presented by the Applicant, the Board determined that the Applicant’s evidence of post-service conduct did not mitigate the misconduct for which he was discharged. Relief not warranted.
Concerning a change in reenlistment code, 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. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Relief is therefore denied.
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 P1900.16C), effective 821001 until 890626.

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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