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USMC | DRB | 2003_Marine | MD03-00642
Original file (MD03-00642.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD03-00642

Applicant’s Request
The application for discharge review was received on 20030303. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040205. 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: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “My discharge I believe was inequitable because it was based on one incident within a six month period and not considering my 7 prior years of service with no incidents. My character of service I believe speaks for itself and deserves a better discharge.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Honorable Discharge Certificate, dtd Oct 24, 1997
Certificate of Reenlistment, dtd Oct 24, 1997
Honorable Discharge Certificate, dtd Dec 12, 2000
Certificate of Reenlistment, dtd Dec 12, 2000
Certificate of Course Completion, Corporal Leadership Course, dtd Nov 21, 1997
 Certificate of Diploma, Staff Noncommissioned Officer Academy, Sergeant’s Course, dtd Feb 12, 1999
 Certificate of Course Completion, Drill Instructor School, dtd Mar 29, 2001
Certificate of Diploma, Marine Corps Institute, Sergeants Nonresident Program, dtd Oct 16, 1997
Certificate of Diploma, Marine Corps Institute, Sergeants Distance Education Program, dtd Oct 16, 1997
Certificate of Diploma, Marine Corps Institute, SNCO Career Distance Education Program, dtd Oct 13, 1999
Certificate of Course Completion, Maintenance Management, dtd Dec 18, 1998
Certificate of Course Completion, Monitor Survey/Decon CRS, dtd Oct, 1997
Certificate of Diploma, MCRD Parris Island, Tan Belt – Martial Arts Program, dtd Mar 22, 2001
Certificate of Commendation, dtd Jul 24, 2000
Certificate of Meritorious Mast, dtd Dec 31, 1999
Letter of Appreciation, Marine Corps Engineer School, dtd Jan 20, 1995
Letter of Appreciation, Field Supply and Maintenance Analysis Office One, dtd Dec 13, 1996
Letter of Appreciation, Marine Wing Communications Squadron 28, dtd Nov 7, 2000
Certificate of Completion, 225 Mile Marathon on Marine Corps 225th Birthday, dtd Nov 10, 2000
Certificate of Excellence, Physical Fitness Test, dtd Sep 16, 1994
Certificate of Appreciation, Yard of the Month, Beautification Program, dtd May 1, 1999
Certificate of Promotion, Sergeant, dtd July 1, 1998
Certificate of Achievement, Leatherneck Magazine, Completion of Drill Instructor School, dtd Mar 29, 2001
Character Reference ltr from J_ M. P_, LTCOL, USMC, dtd May 10, 2002
 MCI Course Completion summary list

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):

          Active: USMC              971025 – 001212  HON
         Active: USMC              940627 - 971024  HON
         Inactive: USMCR(J)                930716 - 940626  COG

 Period of Service Under Review :
Date of Enlistment: 001213               Date of Discharge: 020506

 Length of Service (years, months, days):

         Active: 01 04 24
         Inactive: None

 Age at Entry: 18

 Years Contracted: 4

 Education Level: 12                        AFQT: 65

 Highest Rank: SGT (Was selected for SSgt)

 Final Enlisted Performance Evaluation Averages : Enlisted performance reports were available to the Board for review.

 Military Decorations: None

 Unit/Campaign/Service Awards: CGM (w/1 Star), SSDR, NDSM, MUC, LoA (3), CoA, CoC, MM

 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 :

001213:  Applicant reenlisted for 4 years at MWCS-28 MACG28 2D MAW, Cherry Point, NC.
010825:  Counseled for deficiencies in performance and conduct [On 010810 you showed the inability to comply with government credit card provisions, with an outstanding balance of $1,985.39 since your last unit. You have made previous attempts to pay it, but failed to continue to keep up with it.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

010919:  Counseled for deficiencies in performance and conduct. [Concerning Art. 134, UCMJ – On 010814 you demonstrated the inability to comply with government credit card provisions. SNM has a $1,985.39 credit card charge that has been outstanding since his last unit. You have made attempts to pay some of it, but failed to continue to keep up.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

010926:  Counseled for deficiencies in performance and conduct. [Lost total control of recruits that were in his charge while on duty, on 010627.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
011002:  Counseled for deficiencies in performance and conduct. [Your continuing unwillingness to put forth the requisite level of effort regarding your duties as a drill instructor. Since your arrival on this duty you have attempted to quit, gone about your duties half-heartedly, have required an inordinate amount of detailed supervision on the simplest of tasks and routinely violated recruit training SOPs usually through your lack of attention to duty. You have quickly become a liability and show little if any potential for improvement. Your assertion of family-related problems have been found to be without merit. The essence of your deficiencies lies in the fact that you dislike DI duty and do not want to put forth the effort to successfully complete your tour. That attitude is completely unacceptable – it has been for 225 years in every corner of our Corps – it will not be tolerated. “Quitting” seldom takes its purest form of “I quit” …it usually involves half-hearted efforts, going through the motions nominally, acting disinterested in your duties, and omitting important aspects of your responsibilities.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

011126:  NJP for violation of UCMJ, Article 92: On or about 14Nov01, fail to obey a direct order given on 19Sep01 from Capt W_ (Series Commander) and Capt S_ (Company Commander) to make his payment on the government credit card issued to him.
         Award: Reduction to E-4. Appeal submitted 30NOV01. Appeal denied 12DEC01.

011219:  Applicant advised that based on the reduction to the grade of Corporal, not eligible for promotion to his selected grade of Staff Sergeant and his name has been administratively deleted from the 2001 Staff Sergeant Selection List.

020221:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions and commission of serious offense as evidenced by nonjudicial punishment for failure to obey an order, multiple adverse page 11 entries within current enlistment for failure to pay debts and dereliction of duty as a drill instructor, and an incident of spousal abuse wherein you committed assault consummated by a battery by shoving a table into your spouse and by grabbing her by her arms and legs and preventing her from leaving their house.

020221:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
020319:  Applicant requested conditional waiver of administrative separation board provided he receive no less than a General (under honorable conditions) characterization of service.
020322:  Applicant’s conditional waiver was disapproved. Applicant advised the case will be heard before an Administrative Discharge Board.
020329:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to minor disciplinary infractions and commission of a serious offense, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.
020424:  Commanding Officer, CO, First Recruit Training Battalion, MCRD, concurred with the findings of the Administrative Discharge Board and recommended discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions and commission of a serious offense.

020428:  SJA review determined the case sufficient in law and fact.

020428:  GCMCA [CG, MCRD Eastern Recruiting Region, Parris Island, SC] directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions and commission of a serious offense with the primary bases for separation as minor disciplinary infractions.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020506 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).

Issue 1. 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 one occasion and adverse counseling entries on other occasions. The Applicant’s conduct for the enlistment under review, 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. While he may feel that his record of service on previous enlistments should have mitigated that of his final enlistment, the record clearly reflects his disregard for the requirements of military discipline and demonstrated that he was unfit for further service. The evidence of record does not demonstrate 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 discharge characterization accurately reflects his service to his country for his final enlistment. 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 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 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 for more than 30 days.
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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