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USMC | DRB | 2002_Marine | MD02-01136
Original file (MD02-01136.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD02-01136

Applicant’s Request
The application for discharge review, received 020806, 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 030602. 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

 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, the following additional documentation, submitted by the Applicant, was considered:
Character reference, dated July 8, 2002
Character reference, dated July 1, 2002
Character reference, dated July 23, 2002
 Applicant 's DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                920804 - 921026  COG

 Period of Service Under Review :
Date of Enlistment: 921027               Date of Discharge: 960412

 Length of Service (years, months, days):

         Active: 03 05 16
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 13                        AFQT: 76

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.1 (10)             Conduct: 3.8 (10)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 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. 6210.3.

 Chronological Listing of Significant Service Events :

930714:  Counseled for deficiencies in performance and conduct. [Importance of following orders and regulations.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
930920:  Counseled for deficiencies in performance and conduct. [Importance of following Marine Corps Orders, regulations and the standards as set forth by MCO 6100.10B. Inability to manage checking account properly. Uttering checks without sufficient funds is a violation of the UCMJ.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
931007:  NJP for violation of UCMJ, Article 134:
 Specification: Make and utter several checks during the period of 930726 to 930828 and thereafter dishonorably failed to maintain sufficient funds in the Collins Credit Union to cover the checks upon presentment.
Awarded forfeiture of $150.00 per month for 1 month, restriction for 30 days, reduction to PFC. Not appealed.
940121:  Counseled for deficiencies in performance and conduct. [Recommended separation by reason of weight control failure.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
960129:  Counseled for deficiencies in performance and conduct. [Failure to pay debts and writing worthless checks.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
960209:  NJP for violation of UCMJ, Article 134:
 Specification: Utter to MWR seven checks totaling in the amount of $533.05 and did dishonorably fail to maintain sufficient funds in Marine Federal Credit Union checking account to cover the said checks.
Awarded forfeiture of $478.00 per month for 2 months, restriction and extra duties for 45 days, reduction to PFC. Forfeiture suspended for 6 months. Appealed 960212. Appeal denied 960221.
960212:  Counseled for deficiencies in performance and conduct. [Continued involvement with civilian and military authorities, specifically, failure to maintain sufficient funds in checking account and failure to pay owed bills in a timely manner. Summoned to appear for civil processing three times within the past 3 months for uttering numerous checks. Subject of an inquiry by the Commanding General for failure to make any payments to Sears for 8 months.]

960215:  Vacate suspended forfeiture awarded at CO's NJP dated 960209.

960215:  Counseled for deficiencies in performance and conduct. [Malingering, disobeying a lawful order, making false statements. Malingering by using a SIQ chit to get out of having to check in with Bn OOD for restriction. Instead of spending that time in quarters as per the SIQ chit, Applicant spent six hours in her boyfriend's room; which is two flights of stairs away from her quarters. Made a false statement to platoon commander saying she was doing her laundry, which she later admitted was false when she found out she had been caught in a lie. She disobeyed the lawful order of a GySgt, by using a government phone to call her boyfriend and coach him on the response he was to give to her platoon commander, an act the GySgt specifically told Applicant not to do. Because of her actions her suspension was vacated by the Bn Cmdr only six days after being imposed.]
960227:  CG 2d FSSG notifies CMC that discharge for physical disability with
severance pay is cancelled.

 960227:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.
960301:  Applicant advised of her rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
960305:  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 the past record of misconduct. Counseled on importance of following orders and regulations. Counseled as a result of disenrollment from the Armed Forces School of Music. Counseled on importance of following Marine Corps Orders, regulations, and the standards as set forth by MCO 6100.10B. Counseled concerning inability to manage checking account properly. Counseled concerning the results of a recommended separation by reason of weight control failure. Counseled concerning failure to pay debts and writing worthless checks. Counseled concerning continued involvement with civilian and military authorities. Counseled concerning deficiencies: malingering, disobeying a lawful order, making false statements. NJP for Viol Art 134, UCMJ: failing to maintain sufficient funds in checking account. NJP for Viol Art 134, UCMJ: failing to maintain sufficient funds in checking account. Vacation of NJP imposed and suspended on 960209.

960322:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to a pattern of misconduct, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

960410:  SJA review determined the case sufficient in law and fact.

960411:  GCMCA [Commanding Officer, 2d Force Service Support Group] 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 960412 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).

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 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 her 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. Relief denied.

 The Applicant’s discharge characterization accurately reflects her service to her 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 occurred 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. 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. Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and evidence of a substance free lifestyle, are examples of verifiable documents that should have been provided to receive consideration for relief, based on post-service conduct. Relief denied.

The Applicant is reminded that she remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of her discharge. The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time. 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 95 until 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 134, insufficient funds.
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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