Search Decisions

Decision Text

USMC | DRB | 2002_Marine | MD02-00835
Original file (MD02-00835.rtf) Auto-classification: Denied


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


ex-Pvt, USMC
Docket No. MD02-00835

Applicant’s Request
The application for discharge review, received 020520, 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 030214. 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, authority: MARCORSEPMAN Par. 6210.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as submitted
1. My discharge was improper because my behavior was due to emotional trauma caused by illness and death in my immediate family. I was overcome with grief and stress and was unable to deal with the military life. I was undergoing medical therapy during this ordeal. My Doctor wrote a letter to the Colonel recommending consideration for a General Discharge under Honorable Condition due to the inability to adjust from the stressors caused by emotional distress .

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from doctor to Colonel dated February 7, 2001
Letter from Applicant , undated
Article 31 rights signed by the Applicant
Statement from Applicant dated December 5, 2000
DD Form 4/3
 Restraint muster record dated December 6, 2000
 Letter from Commanding Officer to Applicant regarding assignment of extra duties dated December 6, 2000
 Applicant 's DD Form 214 (Member 1 and 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USMCR(J)                990716 - 000702  COG
Period of Service Under Review :
Date of Enlistment: 000703               Date of Discharge: 010525
Length of Service (years, months, days):
         Active: 00 10 23 (Does not exclude lost time)
         Inactive: None
Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 36
Highest Rank: Pvt

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 2.3 (5)                       Conduct: 1.6 (7)

 Military Decorations: None
Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 118
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.3.
Chronological Listing of Significant Service Events :

000712:  Counseled for deficiencies in performance and conduct. [Article 86: (UA) Unauthorized absence.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
001103:  Applicant to unauthorized absence 1516, 001103.

 001203:  Applicant from unauthorized absence 2300, 001203 (30 days/surrendered).
001206:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence from 1516, 001103 to 2300, 001203.
 Awarded forfeiture of $234.00 per month for 1 month, restriction and extra duties for 14 days. Not appealed.
001210:  Applicant to unauthorized absence from 1801, 001210.
010308:  Applicant from unauthorized absence 1900, 010308 (88 days/surrendered).
010412:  NJP for violation of UCMJ, Article 86:
 Specification: Failed to report to his appointed place of duty on 1800, 001210 to 1900, 010308.
 Awarded forfeiture of $521.00 per month for 2 months, restriction and extra duties for 45 days. Not appealed.
010420:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.
010420:  Applicant advised of his 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.
010420:  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 failure to obey rules and regulations.

010424:  Counseled for deficiencies in performance and conduct. [Article 86: Unauthorized absence.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
010423:  Applicant directed to voluntary leave.

 010430:  SJA review determined the case sufficient in law and fact.
010430:  GCMCA [Commanding General, Marine Corps Base, Camp Pendleton] 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 010525 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 two 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 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. An upgrade would be inappropriate. While he may feel that emotional and medical problems and dissatisfaction with his chain of command 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. Relief denied.
The Applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. 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 6210, MISCONDUCT , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 31 Jan 97 until Present.

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.
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

  • NAVY | DRB | 2004 Marine | MD04-00231

    Original file (MD04-00231.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. PART I - APPLICANT’S ISSUES AND DOCUMENTATION The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the Marine Corps and falls far short of that required for an upgrade of his characterization of service.

  • NAVY | DRB | 1999_Navy | ND99-00944

    Original file (ND99-00944.rtf) Auto-classification: Denied

    ND99-00944 Applicant’s Request The application for discharge review, received 990620, requested that the characterization of service on the discharge be changed to honorable. 900223: VA discharge instructions: Diagnoses: Alcohol dependence, depression, tension headaches.910520: Applicant returned from deserter status 1230, 20May91 (502 days/surrendered). 910606: Unauthorized absence from 2 January 1990 to 20 May 1991 will continue to be considered lost time for administrative...

  • NAVY | DRB | 2004 Marine | MD04-00561

    Original file (MD04-00561.rtf) Auto-classification: Denied

    The boards decision to upgrade my discharge will help me in getting the opportunity to do just that.Regards,A_D_ (Applicant)” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USMCR(J) 000906 - 001010 COG Period of Service Under Review :Date of Enlistment: 001011 Date of...

  • NAVY | DRB | 2004_Navy | ND04-00196

    Original file (ND04-00196.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing, advised that the Naval Discharge Review Board (NDRB) does not travel, and that all hearings are held in the Washington National Capital Region. No indication of appeal in the...

  • NAVY | DRB | 2002_Navy | ND02-00526

    Original file (ND02-00526.rtf) Auto-classification: Denied

    ND02-00526 Applicant’s Request The application for discharge review, received 020320, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 010525 under other than honorable conditions for misconduct due to drug abuse (use) (A). You may view DoD Directive 1332.28 and other Decisional Documents by going online at "...

  • USMC | DRB | 2002_Marine | MD02-00413

    Original file (MD02-00413.rtf) Auto-classification: Denied

    MD02-00413 Applicant’s Request The application for discharge review, received 020214, requested that the characterization of service on the discharge be changed to general/under honorable conditions. PART I - APPLICANT’S ISSUES AND DOCUMENTATION Applicant not available for signature.001109: Commanding Officer notified the Applicant of unsatisfactory drill participation via certified letter.001203: Counseled for deficiencies in performance and conduct.

  • NAVY | DRB | 2004 Marine | MD04-00598

    Original file (MD04-00598.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-Pvt, USMC Docket No. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. “I J_ A_ B_ (Applicant) request permission from the Department of Affairs to upgrade my discharge to a General or RE-3 reentry code, so I can join the National Guard.

  • NAVY | DRB | 2003_Navy | ND03-00770

    Original file (ND03-00770.rtf) Auto-classification: Denied

    ND03-00770 Applicant’s Request The application for discharge review was received on 20030326. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 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

  • NAVY | DRB | 2003_Navy | ND03-00973

    Original file (ND03-00973.rtf) Auto-classification: Denied

    ND03-00973 Applicant’s Request The application for discharge review was received on 20030512. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:None PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 000624 -...

  • USMC | DRB | 2003_Marine | MD03-00054

    Original file (MD03-00054.rtf) Auto-classification: Denied

    Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.000301: NJP for violation of UCMJ, Article 86: Did on or about 0700, 000107, without authority, absent himself from his place of duty at which he was required to be, to wit: section formation at Sakura theater, located at MCAS, Iwakuni, Japan, and did remain so absent until on or about 0715, 000107.Awarded forfeiture of $300.00 pay per month for 1 month (suspended for 3 months),...