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USMC | DRB | 2002_Marine | MD02-00986
Original file (MD02-00986.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD02-00986

Applicant’s Request
The application for discharge review, received 020701, 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 030331. 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-Pattern of misconduct (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. To: United States Marine Corp

I am writing in regards to my discharge. I received an other than honorable discharge, that I do not believe was entirely my fault. The pattern of misconduct began when I went to my first school in Meridian, Mississippi for "Aviation Operations". If you are not familiar with this we have to show up in dress uniforms. Unfortunately for me I had a rapid growth spurt that was noticeable for which I was given a page 11 that wasn't really my fault since I was still growing at age 19. Given this incident I incurred one more page 11 and a page 12 that resulted in my not finishing the school 2 week prior to graduation as a 7041. At the time I was holding a grade point average of 94.6. I then was given orders to report to Camp LeJune North Carolina, Headquarters Co. 6th MarDivComm. Plt I arrived there Dec.15, 1988 where upon to learn my new M.O.S. 2512 Field Wireman, which is some what an on the job Training program.
Before entering the classroom aspect of my training in that field I was asked to sign a waiver for promotion that I was to receive once my schooling was finished. I was new to that unit and haven't as yet gotten into any trouble. I strangely believe that these early incidents brought about a case of depression. This was diagnosed a time after Master Sgt. B_ took over Headquarters 6# Mar. Comm. Plt. I was sent to the doctors on base of which Master Sgt. B_ was made aware of my situation. With out going into further details since its in records of the actions and conduct that lead up to my discharge. Its been 12 years roughly since I have been discharged with an other than honorable discharge without my last qualification on the rifle range wasn't on my DD214 and neither did I receive my accrued days of leave time that was at least 2 1/2 months worth. Thank you sirs. I appreciate your looking into this matter and if possible make the necessary corrections.

Respectfully yours,
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Statement from Applicant dated January 18, 2002 listed as the Applicant 's issue

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                870804 - 880627  COG

 Period of Service Under Review :
Date of Enlistment: 8806278     Date of Discharge: 901115

 Length of Service (years, months, days):

         Active: 02 04 17
         Inactive: None

 Age at Entry: 19                          Years Contracted: 6

 Education Level: 12                        AFQT: 55

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.3 (5)                       Conduct: 3.1 (5)

 Military Decorations: None

 Unit/Campaign/Service Awards: Letter of Appreciation

 Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct-Pattern of misconduct (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.3.

 Chronological Listing of Significant Service Events :

881116:  NJP for violation of UCMJ, Article 92:
 Specification: Derelict in the performance of duties by not doing the typing homewo rk that was assigned to him on 881113.
Awarded forfeiture of $175.00 per month for 1 month, restriction and extra duties for 14 days. Not appealed.
881128:  Counseled for deficiencies in performance and conduct. [Frequent involvement with military authorities.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
881130:  NJP for violation of UCMJ, Article 90:
 Specification: Disobey a lawful order issued by Commanding Officer on 2245, 881126, to wit: assignment to restriction, by leaving the barracks in civilian attire.
Awarded forfeiture of $376.00 per month for 2 months, restriction and extra duties for 30 days. Not appealed.
890523:  Counseled for deficiencies in performance and conduct. [Lacking to maintain clothing allowance and 782 gear. Not understanding General/Special Orders towards duty as Security Watch.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
890911:  Counseled for deficiencies in performance and conduct. [Failure to follow orders by being on unauthorized absence from morning cleanup. Also advised of overall poor performance and lack of bearing and less than acceptable personal appearance.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
891108:  NJP for violation of UCMJ, Article 86 (3 specs):
 Specification 1: Absent from appointed place of duty on 0600, 891016.
Specification 2: Unauthorized absence from 1800-2000, 891031.
Specification 3: Unauthorized absence from 0400-0700, 891101.
Awarded forfeiture of $391.00 per month for 1 month, restriction and extra duties for 45 days. Not appealed.
900202:  Counseled for deficiencies in performance and conduct. [Financial irresponsibility. Having been given specific instructions to liquidate a debt with a local merchant, Applicant failed to do so. This is not only irresponsible but a blatant disregard for military authority by failing to comply with a direct order. His conduct in this matter has been unsatisfactory.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
900712:  NJP for violation of UCMJ, Article 86:
 Specification: Being a part of the Regt Guard 0330, 900216, went from guard with intent to abandon.
Violation of UCMJ, Article 92 (2 specs):
Specification: Violated BO P5560.2J by driving while on state/base revocation on 900715.
Specification 2: Violated BO 5560.2J by driving on state/base revocation on 0220, 900618.
Violation of UCMJ, Article 134:
Specification: Wrongfully fell asleep at his post while posted as a sentinel on 2325, 900611.
Awarded forfeiture of $189.00 per month for 1 month, restriction and extra duties for 14 days. Not appealed.
900712:  Counseled for deficiencies in performance and conduct. [Involvement with military authorities; specifically driving while on revocation and failure to appear on assigned traffic court dates. Due to repeated violations of the above specifications, hereby notified that his revocation did in fact commence on 01 Jul 89 and will not expire until 24 Jan 96. Hereby notified that due to his current status that he will not operate any motor vehicle aboard any military installation on upon any public thoroughfare.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

900717:  Counseled for deficiencies in performance and conduct. [Failure to abide by the rules and regulations of the Marine Corps and disregard for NCO's. A pattern of misconduct and inability to carry out orders.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
900831:  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 nonjudicial punishment of 16 November 1988, 30 November 1988, 8 November 1989, 12 July 1990, and his adverse page 11 entries of 28 November 1988, 23 May 1989, 11 September 1989, 2 February 1990, 12 July 1990 and 17 July 1990.

900831:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.
900912:  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.

901005:  SJA review determined the case sufficient in law and fact.

901105:  GCMCA [Commanding General, 2d Marine Division, Fleet Marine Force, Camp Lejeune] 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 901115 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. While the Applicant may feel that his growth rate and depression were factors that contributed to his actions, his record of four non-judicial punishments and six negative counseling entries clearly reflects his disregard for the requirements of military discipline and demonstrated that he was unfit for further service. 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 Weapons Firing Record lists his last rifle qualification on 890810 with a score of 217, Sharpshooter. Therefore, the Board found no basis for correcting his DD Form 214. The Board has no authority to reinstate lost leave days or payments of any kind. The Applicant may write to the Board for Correction of Naval Records, 2 Navy Annex, Washington, D.C. 20370-5100 regarding this matter.

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 6210, Misconduct , 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 90, disobeying a lawful order of a commissioned officer; Article 92, failure to obey a lawful general order; Article 134, sleeping on post.
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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