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USMC | DRB | 2002_Marine | MD02-01090
Original file (MD02-01090.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD02-01090

Applicant’s Request
The application for discharge review, received 020625, 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 030722. 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. 6210.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 Prior to the documentary discharge review, the Applicant introduced no issues as Block 8 on the DD Form 293 is blank.

Documentation
In addition to the service record (there was a PARTIAL DISCHARGE PACKAGE AVAILABE), the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                910905 - 920707  COG

 Period of Service Under Review :
Date of Enlistment: 920708               Date of Discharge: 951122

 Length of Service (years, months, days):

         Active: 03 04 15
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 38

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.0 (6)              Conduct: 4.1 (6)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Expert Badge, Pistol Expert Badge, NDSM, MOA, SSDR

Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.2.

 Chronological Listing of Significant Service Events :

931008:  Counseled for deficiencies in performance and conduct. [Specifically assignment to the weight control program on 931008.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940517:  Counseled for deficiencies in performance and conduct. [Unlawful fraternization with Marine basic entry level students. The misconduct occurred after Applicant was informally counseled on fraternization by his immediate supervisor.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

950309:  NJP for violation of UCMJ, Article 92: Failure to Obey or Regulation, Spec 1: In that LCpl S_, having knowledge of a lawful order issued by Commanding Officer, to wit: Marine Corps Detachment Order 3574, dtd 941013, SOP for the Marine Corps Pistol Range, paragraph #16, 16 (h) and enclosure 2, Firearms Safety and Orientation Brief, paragraph 4, 5 (a) and (b), an order which it was his duty to obey, did, on or about 0845, 950220, fail to obey the same by spinning an M-9 Pistol on his finger.
         Award: Written letter of reprimand. Not appealed.
950728:  Counseled for deficiencies in performance and conduct. [Absent from appointed place of duty on four occasions for which he received numerous informal counselings. Additionally, the manner in which he performed his assigned duties is far below that expected from a Marine of his experience level. His lackadaisical attitude and pattern of unexcused tardiness are unacceptable and will not be tolerated.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

950811:  NJP for violation of UCMJ, Article 86: Absence without leave. Spec 1: In that LCpl S_, did, on or about 0600, 950805, without authority, fail to go to his appointed place of duty, to wit: Range # 13, Ft. McClellan, AL, and did remain so absent until 0805, 950808.
          Award: Forfeiture of $478.00 pay per month for 1 month, restriction for 30 days, reduction to E-2 (suspended for 6 months). Not appealed.
950909:  Counseled for deficiencies in performance and conduct. [Blatant contempt and disrespect to a superior NCO. While on pistol range, on or about 950822, he threw his chevrons down on the desk of his NCOIC and stated "Here Gunny, this is what you want, now give me my discharge papers." He was also U.A. from his 0600 check in time with the SDO for restriction on 950824. He reported in at 0605 and stated that he was getting dressed.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

950921:  NJP imposed and suspended on 950811 for a period of 6 months is hereby vacated and the punishment is ordered executed.

951012:  NJP for violation of UCMJ, Article 86: Absence without leave. Spec 1: In that PFC S_, did, on or about 0615, 951003, without authority, absent himself from his appointed place of duty, to wit: Range # 13, Ft. McClellan, AL, and did remain so absent until 0700, 951003.
          Award: Extra duty for 45 days. Not appealed.
951102:  SJA review determined the case sufficient in law and fact [Extracted from CG's message].

951102:  GCMCA [Commanding General, Marine Corps Recruit Depot/Eastern Recruiting Region, Parris Island] directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.

ONLY PARTIAL DISCHARGE PACKAGE AVAILABLE.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 951122 under other than honorable conditions for misconduct due to minor disciplinary infractions (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).

The Applicant introduced no decisional issues for consideration by the Board. 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 three 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 to honorable would be inappropriate. 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 6210, MISCONDUCT , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95until 30 Jan 97.

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 92, disobey a lawful order.
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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