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USMC | DRB | 2003_Marine | MD03-00075
Original file (MD03-00075.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD03-00075

Applicant’s Request
The application for discharge review, received 20021010, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20030912. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was three to two that the character of the discharge shall not change. The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/PREGNANCY/CHILDBIRTH, authority: MARCORSEPMAN Par. 6408.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 1. I am requesting that my General Under Honorable Discharge to be changed to an Honorable Discharge. I got out due to pregnancy and all of the codes say that.
I also feel that I have not been in any trouble since my discharge and I am not receiving any of my benefits because of this. I would like to be able to use my GI Bill. I spent 4½ yrs in the Marine Corps and I loved all of it. I would love to rejoin if I could. I only got out because if I didn’t I would have lost my baby and possibly my own life. I got very sick with my pregnancy. I am asking you to please reconsider and please change my discharge to Honorable. Thank You very much for your time & effort. Sincerely, (Signed by the Applicant)

 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

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                920212 - 920705  COG

 Period of Service Under Review :
Date of Enlistment: 920706               Date of Discharge: 970115

 Length of Service (years, months, days):

         Active: 04 06 10
         Inactive: None

 Age at Entry: 17 (Parental consent)

 Years Contracted: 6

 Education Level: 12                        AFQT: 55

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (12)             Conduct: 4.2 (12)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, GCM, LoA (4)

 Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/PREGNANCY/CHILDBIRTH, authority: MARCORSEPMAN Par. 6408.

 Chronological Listing of Significant Service Events :

931221:  Counseled for deficiencies in performance and conduct [unprofessional conduct while at work, and lack of ability to communicate professionally with seniors and subordinates]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

951128:  Counseled for deficiencies in performance and conduct [inappropriate use of this commands Toll-Free phone number]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

960306:  NJP for violation of UCMJ, Article 92: Utilized government telephone service for personal use at I-I Stf, Wilmington, NC, from 1 Dec 95 to 31 Jan 96.
 Awarded forfeiture of $602.00 per month for 1 month (suspended for 6 months). Not appealed.
960502:  Last name change from “Ponce” to “Morris.”

 960805:  Counseled for deficiencies in performance and conduct [continue to display an unprofessional demeanor while at work, Applicant seems to be unable to communicate with seniors without debating or arguing the subject]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

960808:  Counseled for deficiencies in performance and conduct [overweight – current wt 147 lbs, max wt is 134 lbs]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

961001:  Acknowledged eligibility for but not recommended for promotion to SGT due to substandard performance of assigned duties and conduct less than acceptable of an NCO.

961001:  Applicant changed primary duties due to substandard performance of assigned duties.
961001:  Naval Hospital, Camp Lejeune, OB/GYN Dept: Confirmation of pregnancy, estimated date of delivery is 3 Jun 97 plus/minus two weeks.
961119:  NJP for violation of UCMJ, Article 91: Did at MCRC Wilmington, NC on or about 0915, 960923 disrespect a staff noncommissioned officer by raising her voice, laughing and smiling during a counseling session and willfully disobeyed a SNCO to get off the phone and complete her job assignment; violation of UCMJ, Article 134: did at MCRC Wilmington, NC on or about 0915 960923 display conduct unbecoming a Marine NCO by removing chevrons and throwing them at or in the direction of a SNCO and stating if he wanted them take them and that she did not want them anyway.
         Awarded reduction to E-3. Not appealed.

961121:  Applicant voluntarily requested discharge from the U.S. Marine Corps due to financial and medical difficulties associated with pregnancy.

961125:  Inspector Instructor, 4th Landing Support Battalion recommended to Commanding General, 4th Force Service Support Group approval of Applicant’s request for discharge due to pregnancy. Letter stated that Applicant suffering from hyperemesis (excessive vomiting) as well as possible complications with her pregnancy.

961208:  Applicant notified of intended recommendation for discharge with lowest possible characterization of service as honorable by reason of pregnancy.
961208:  Applicant advised of her rights and having elected not to consult with counsel certified under UCMJ Article 27b, acknowledged the least favorable characterization that may be received is Honorable, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
961210:  Applicant notified of intended recommendation for discharge with lowest possible characterization of service as under honorable conditions (general) by reason of pregnancy. I-I recommended that Applicant receive an honorable characterization of service.
961227:  SJA review determined the case sufficient in law and fact.

961227:  GCMCA [Commander, Marine Forces Reserve, New Orleans, LA] approved Applicant's request for discharge and directed she be discharged with a General (under honorable conditions) by reason of pregnancy, voluntary discharge.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19970115 with a General (under honorable conditions) due to pregnancy (A). The Board presumed regularity in the conduct of governmental affairs (B). 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 (C and D).

Issue 1. A characterization of service of under honorable conditions (general) is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. 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 her 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 to honorable would be inappropriate. It must be noted that most Marines serve honorably and well and therefore earn honorable discharges. In fairness to those Marines, commanders and separation authorities are tasked to ensure that undeserving Marines receive no higher characterization than is due. Relief denied.

The Applicant’s discharge characterization accurately reflects her service to her 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. The Veterans Administration determines eligibility for post-service benefits, not the NDRB. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans’ benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. 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 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. Representation at a personal appearance hearing is recommended but not required.


Pertinent Regulation/Law (at time of discharge)

 A. The Marine Corps Separation and Retirement Manual, (MCO P1600.19E), effective 950818 until Present, Paragraph 6408, PREGNANCY.
B. 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.

C. 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.

D. 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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