Search Decisions

Decision Text

USMC | DRB | 2002_Marine | MD02-00672
Original file (MD02-00672.rtf) Auto-classification: Denied


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


ex-PVT, USMC
Docket No. MD02-00672

Applicant’s Request
The application for discharge review, received 020404, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030131. 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

 1. SNM's ability to serve was impaired because of marital problems.
2. Use of alcohol impaired SNM's ability to serve.
3. SNM's ability to serve was impaired because of youth, immaturity, alcohol, and financial problems.
4. Record of promotions showed SNM was generally a good service member.

 5. SNM tried to serve and wanted to, but just could not.
6. SNM's Record of UA/Special Court Martial indicate only minor or isolated offenses.
7. SNM's discharge was based on several offenses, but they were mostly only minor offenses.

 8. The punishment SNM received was too harsh - it was much worse than most people got for the same offense.

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Listing of Issues
Letter from Applicant
 Statement of Facts (5 pages)
 Promotion Certificate (LCpl)
Canisius College Degree (Associates degree)
 Inmate Program Associate Certificate
 Inmate Program Associate Certificate
Certificate of Appreciation (Volunteer service in Alternatives to Violence Project)
 Certificate of Appreciation (Outreach Cell-Study)
 Apprenticeship Training Certificate (Teachers Aide) New York State Dept. of Labor
 Commendable Behavior Report from State of New York, Dept. of Correctional Service
 Grade Report/College grades from Daemen College
Character Reference Letter from R_ S_, College Coordinator
 Character Reference Letter from R_ H_, College Director
Character Reference Letter from D_ Z_, Associate Director
Character Reference Letter from Sister M_ F. W_, Academic Advisor
Character Reference Letter from P_ B_, College Coordinator
Certificate of Completion Alternatives to Violence Project (Basic)
Certificate of Completion Alternatives to Violence Project (Advanced)
 Certificate of Completion Alternatives to Violence Project (Facilitator Training)
 Certificate of Completion Alternatives to Violence Project (Certificate of Appreciation as workshop leader)
Certificate of Completion Alternatives to Violence Project (Full Facilitator)
 Consortium Newsletter Article (Dr. Food)
Pen and Ink article (Spanish Translator)
 Inmate Progress Report
 Pen and Ink article (Poem: The Mask)
Pen and Ink article (Poem: Structured Love)
 Character Reference Letter from S_ A_, Esq
 Community Petition
Certification of Participation (56 weeks) Veterans Self-help Group
 V.V.A. Between the Lines article (Sept 11 th Fundraiser)
 DD Form 214
Certificate of Military Service

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
          Inactive: USMCR(J)                860730 - 870714  COG
Period of Service Under Review :
Date of Enlistment: 870715               Date of Discharge: 930428
Length of Service (years, months, days):

          Active: 02 02 14 (Does not include lost time)
          Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 52

 Highest Rank: LCpl
Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.4 (10)                      Conduct: 3.0 (10)
Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Expert Badge

Days of Unauthorized Absence: 22

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 :

890809:  Special Court-Martial.
          Charge I: violation of the UCMJ, Article 86: Did on 890518, without authority, absent himself from his organization, to wit: 1 st Battalion, 3 rd Marines, 1 st Marine Expeditionary Brigade, FMF, and did remain so absent until 890609.
         Charge II: violation of the UCMJ, Article 107: Did on 890419, with intent to deceive sign two official documents, to wit: two requests for issue of Armed Forces Identification Cards, which documents were false in that the date of birth appearing on the said request forms and the signature of CW0-3 J_ S. H_, USMC, as the Issuing Officer, affixed to the said request forms were false, and were then known by the said LCpl V_ to be so false.
          Findings: to Charge I and specification 1 thereunder, guilty. To Charge II and specification thereunder, guilty.
         Sentence: Confinement for 60 days, forfeiture of $400.00 pay per month for two months, reduction to E-1, and a bad conduct discharge.
          CA 891024: Sentence approved and ordered executed except for the BCD.
         
890809:  To confinement, Sentence of SPCM.
890815:  Applicant waived clemency review.
890927:  From confinement, to duty.

 891208:  To appellate leave.
900508:  NMCCMR: Affirmed findings and sentence.
900824:  SSPCMO: Article 71c, UCMJ, having been complied with, bad conduct discharge ordered executed.

 930422:  Separation effective 930428. Action caused by non-receipt of the authority to separate until on or about this date.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 930428 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).
Issues 1-8. 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. Relief denied.
The Applicant’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity 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. 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; Article 107, false official statements.
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 | 2003_Marine | MD03-00808

    Original file (MD03-00808.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION “(Equity Issue) 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 on the basis of his post-service conduct.” 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...

  • USMC | DRB | 2000_Marine | MD0000092

    Original file (MD0000092.rtf) Auto-classification: Denied

    MD00-00092 Applicant’s Request The application for discharge review, received 991019, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. 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 absence for more than...

  • USMC | DRB | 2003_Marine | MD03-00636

    Original file (MD03-00636.rtf) Auto-classification: Denied

    MD03-00636 Applicant’s Request The application for discharge review was received on 20030303. The Applicant requests a documentary record discharge review. 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 112a, illegal drug use; Article 107, false official statement; and Article 134, break restriction.

  • USMC | DRB | 2006_Marine | MD0600373

    Original file (MD0600373.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Issues, as stated Applicant’s issues, as stated on the application:“To assist with further education and living expensesTo assist with VA benefits” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 (Member 1 and 4)Reference letter from M_ M_, LCDP, NCGC II, Kent...

  • USMC | DRB | 2000_Marine | MD00-00888

    Original file (MD00-00888.rtf) Auto-classification: Denied

    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 discharge was proper and equitable (D and E).In the applicant’s issue, the Board finds that while the applicant completed one period of enlistment honorably, the nature of the discharge in question is based solely on the conduct of the member during that period of enlistment beginning on 890118. The Manual for...

  • USMC | DRB | 2000_Marine | MD00-00173

    Original file (MD00-00173.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 PART II - SUMMARY OF SERVICE Two months prior to the Special Court-Martial, while in Yuma, the applicant was found guilty of writing 29 worthless checks. 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...

  • USMC | DRB | 2002_Marine | MD02-00270

    Original file (MD02-00270.rtf) Auto-classification: Denied

    Issues, as submitted 1 (Equity Issue) Pursuant to 10 USC 874 (b) (UCMJ, Article 74) and in accordance with SECNAVINST 5420.174C, enclosure (1), paragraph 2.24 and 9.3, this former member requests the Board's clemency relief with up-grade of his characterization of service under honorable conditions 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:Copies of DD Form 214...

  • USMC | DRB | 2005_Marine | MD0501091

    Original file (MD0501091.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION Sentence: Confinement for 6 months, forfeiture of $583 per month for 6 months, reduction to E-1, Bad Conduct discharge. 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, and Article 87, missing movement through design.

  • USMC | DRB | 2002_Marine | MD02-00671

    Original file (MD02-00671.rtf) Auto-classification: Denied

    While the Board found the Applicant’s post service conduct to be commendable, the Board determined that the Applicant’s record of service does not support an upgrade to Honorable. 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 81, conspiracy; Article 107, false official statements; Article 123, forgery.C. You should read Enclosure (5) of...

  • USMC | DRB | 2002_Marine | MD02-00862

    Original file (MD02-00862.rtf) Auto-classification: Denied

    971031: U.S. Navy-Marine Corps Court of Criminal Appeals affirms the findings and sentence of the Special Court-Martial 990823: Navy and Marine Corps Appellate Leave Activity issues Special Court-Martial Supplemental Order stating that, Article 71(c), UCMJ, having been complied with, the Bad Conduct discharge is ordered executed. 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...