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USMC | DRB | 2003_Marine | MD03-00155
Original file (MD03-00155.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD03-00155

Applicant’s Request
The application for discharge review, received 20021023, 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 20030926. 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 unanimous that the character of the discharge shall not change. The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.3.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 1. I am sure you have seen in your review of my records that on July 10, 1997 I was involuntarily separated from the Marine Corps with the narrative reason for separation being misconduct. I still love the Marine Corps and believe it is the best organization I have ever been a part of, unfortunately back then I was younger and did not really understand that I had a drinking problem, had I corrected it then I am pretty sure that I would have made a career. I am now 29 yrs old and no longer drink, I will be soon starting a family of my own still there is not a day that goes by that I dont regret being separated 8 months and a few weeks before the end of my 4 yr contract, getting my discharge upgraded to Honorable would be the single greatest accomplishment I have ever done. I have a tremendous feeling of failure and guilt for letting myself and my family down this is my very last chance to try to somehow correct the unfortunate mistakes I made while in service for my country. I would love nothing more than be able to hang an honorable discharge on my grandmothers wall beside my now deceased grandfathers honorable discharge from WW II for my children and entire family to see, it would truly be a life changing event it would be impossible for me to put into words how that would feel. Sincerely

 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):
         Active: None
         Inactive: USMCR (J)               940316 - 940404  COG

 Period of Service Under Review :
Date of Enlistment: 940405               Date of Discharge: 970710

 Length of Service (years, months, days):

         Active: 03 03 05
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 45

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (9)                       Conduct: 4.1 (9)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, JMU, HSM

 Days of Unauthorized Absence: 1

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.3.

 Chronological Listing of Significant Service Events :

941025:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence from 2359, 941016 –1000, 941018 (1 day/surrendered).
Awarded forfeiture of $250.00 per month for 2 months, restriction and extra duties for 30 days. Restriction and extra duty for 6 months. Not appealed.
941025:  Counseled for deficiencies in performance and conduct. [Your unauthorized absence from your unit from 2359, 941016 to 1000, 941018.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
961114:  Counseled for deficiencies in performance and conduct. [Applicant’s alcohol related incident on 961108, in the vicinity of Jacksonville, NC. Specifically, DWI with a BAC of .18 percent. Applicant’s court date is 970108 in Jacksonville District Court.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
970114:  Counseled for deficiencies in performance and conduct. [As a result of a DWI with a BAC of .18 you were found guilty. You are not eligible for promotion for 1 year from the date of conviction 970108.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
970205:  Counseled for deficiencies in performance and conduct. [Failure to meet Marine Corps weight standards, specifically being overweight by 15 lbs.] Necessary corrective actions explained, sources of assistance provided.
970410:  NJP for violation of UCMJ, Article 134:
 Specification: Drunk and disorderly in conduct on 0500, 970322, when he started a fight with LCpl, his roommate.
Awarded forfeiture of $505.00 per month for 2 months, restriction and extra duties for 45 days, reduction to PFC. Forfeiture for 1 month suspended for 6 months. Not appealed.
970415:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.
970415:  Applicant advised of his rights and waived his right to consult with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
970430:  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 your two NJP’s and three page 11 entries.


970523:  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, the misconduct warranted separation, and recommended discharge general (under honorable conditions) and recommended separation be suspended for 12 months.

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

970613:  GCMCA [Commanding General, 2d Marine Division, U.S. Marine Corps Forces, Atlantic] directed the Applicant's discharge general (under 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 19970710 with a characterization of general (under 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: The Applicant introduced no decisional issues for consideration by the Board other than his regret and “tremendous feeling of failure and guilt.” In the Applicant’s case, the Board discovered no impropriety or inequity . While the applicant blames his indiscretions on youth and immaturity, a service characterization of under other than honorable conditions is warranted when the service member’s conduct constitutes a significant departure from that expected of a Marine. The record is devoid of any evidence that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. The Applicant’s service record is marred by non-judicial punishment (NJP) awarded on two separate occasions and a civilian conviction for DWI. The appropriate retention and discharge warnings are included . The Applicant’s summary of service clearly reflects his disobedience of the orders and directives that regulate good order and discipline in the naval service, and demonstrated he was unsuitable for further service. An upgrade from general (under honorable conditions) to honorable would be inappropriate. Relief denied.

 The following is provided for the applicant’s edification. The NDRB is authorized to consider outstanding post-service conduct, 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. However, there is no law or regulation that provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must be found to have existed during the period of enlistment in question. No such error or injustice is evident in the applicant’s service record. 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. At this time the applicant has not provided sufficient documentation of good character and conduct. Therefore no relief will be granted.

The applicant is reminded that he remains eligible for a personal appearance hearing provided that an application is received within 15 years from the date of discharge. Representation at a personal hearing is not mandatory, but is strongly recommended.


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 or Article 134, drunk and disorderly conduct.
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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