Search Decisions

Decision Text

USMC | DRB | 2003_Marine | MD03-01253
Original file (MD03-01253.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD03-01253

Applicant’s Request
The application for discharge review was received on 20030718. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. The Applicant requests a documentary record 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 20040430. 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/IN LIEU OF TRIAL BY COURT-MARTIAL, authority: MARCORSEPMAN Par. 6419.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


 Issues, as stated

 Applicant’s issues, as stated on the application:

“1. I wish to have my discharge corrected to a general under honorable conditions rather than under other than honorable conditions. While I knew that I was supposed to return to my duty station after my temporary duty assignment was complete, there were circumstances beyond my control. While I was at home my mother was incarcerated (father already incarcerated) leaving behind my 4 younger brothers and sisters with no one to care for them. I tried explaining to the Marine Corps, even applying for a hardship discharge. This did not happen and I contacted Congressman Brady for assistance, then Senator Arlen Specter. There was no one to care for my 13 yr old brother and my 1 ½ year old baby brother and my little sisters. I have had them until my mother was released in July of this year (2002).”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Document footnoted “Enclosure (4)”
Letter from Z_V_ dated 19 Nov 2002
Letter from J_H_ dated 13 May 2003
Letter from T__S dated 2 Apr 2003
Copy of original orders dated 31 May 2002
Copy of NAVMC 11060
Copy of DD from 214
Copy from Marine Corps Separation and Retirement Manual (1 page)
Copy of signed document dated 20 May 2002
Copy of page 2 of request for separation signed by Applicant
Printout of “How Can I Upgrade My Military Discharge” (1 page)
Copy of “The Veteran’s Self-Help…” (9 pages)
Printout of BIT/BTR (4 pages)
Check-in sheet dated 02 Mar 2002
Medical Advice Waiver dated 3 May 2002
Copy of Receipt for Prisoner or Detained Person dated 1 May 2002
Copy of Military Police Statistics Sheet dated 1 May 2002
Copy of facsimile from Marine Corps Senate Liaison Office dated 30 Apr 2002 (11 pages)
 Copy of Causal Platoon Counseling (8 pages)
 Letter from the Office of Senator Arlen Specter, with privacy act statement from Applicant

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                000628 - 001112  COG

 Period of Service Under Review :
Date of Enlistment: 001113               Date of Discharge: 020531

 Length of Service (years, months, days):

         Active: 01 06 19
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 36

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.1 (2)                       Conduct: 1.9 (3)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: 274

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

UNDER OTHER THAN HONORABLE CONDITIONS/IN LIEU OF TRIAL BY COURT-MARTIAL, authority: MARCORSEPMAN Par. 6419.

 Chronological Listing of Significant Service Events :

020508:  Applicant declared a deserter, having been an unauthorized absentee since 0100, 010802.

020508:  Applicant surrendered to military authorities at 1500.
020520:  Applicant, having consulted with counsel certified under UCMJ Art 27b, requested discharge for the good of the service to escape trial by court- martial. In the request the Applicant noted that his counsel had fully explained the elements of the offenses for which he was charged and that he understood the elements of the offenses. He further certified a complete understanding of the negative consequences of his actions and that characterization of service would be under other honorable conditions. The Applicant admitted guilt to the following violations of the UCMJ, Article 86: Unauthorized Absence.

020521:  SJA review determined the case sufficient in law and fact.

020528:  GCMCA [CGMCB Quantico] determined that Applicant had no potential for further service, that separation in lieu of trial by court-martial was in the best interest of the service, and directed discharge under other than honorable conditions by reason of conduct triable by courts-martial.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

 Discussion

The Applicant was discharged on 20020531 under other than honorable conditions in lieu of trial by court-martial (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 contends his disciplinary problems were the result of stress caused by family situation. The NDRB recognizes that serving in the U.S. Marine Corps is challenging. Our country is fortunate to have men and women willing to ensure the hardships and sacrifices required in order to serve their country. Commanders and separation authorities are tasked to ensure that undeserving Marines receive no higher characterization than is due. The NDRB found that the Applicant's service was equitably characterized.

On 020520, the Applicant requested discharge for the good of the service to escape trial by court-martial. In the request the Applicant noted that his counsel had fully explained the elements of the offenses for which he was charged and that he was guilty of the offenses. He further certified a complete understanding of the negative consequences of his actions and that characterization of service could be under other than honorable conditions. 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 remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time. Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6419, SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective
18 Aug 95 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      

Similar Decisions

  • USMC | DRB | 2000_Marine | MD00-00220

    Original file (MD00-00220.rtf) Auto-classification: Denied

    MD00-00220 Applicant’s Request The application for discharge review, received 991130, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 900615: Applicant's statement for request for a separation in lieu of trial by court-martial: "I have had a lot of personal problems at home that has kept me from keeping my mind on the Marine Corps. After a thorough review of the records, supporting documents, facts, and circumstances unique...

  • USMC | DRB | 2000_Marine | MD00-01000

    Original file (MD00-01000.rtf) Auto-classification: Denied

    MD00-01000 Applicant’s Request The application for discharge review, received 000801, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to Medical-ADHD-should not have been enlisted. The applicant admitted guilt to the following violations of the UCMJ, Article 86: Unauthorized absence from 0001, 5May97 until 1400, 12Jul97.970905: GCMCA [Commanding General, Marine Corps Base, Quantico, VA] determined that...

  • USMC | DRB | 2000_Marine | MD00-00999

    Original file (MD00-00999.rtf) Auto-classification: Denied

    MD00-00999 Applicant’s Request The application for discharge review, received 000801, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to Medical-ADHD-should not have been enlisted. The applicant admitted guilt to the following violations of the UCMJ, Article 86: Unauthorized absence from 0001, 5May97 until 1400, 12Jul97.970905: GCMCA [Commanding General, Marine Corps Base, Quantico, VA] determined that...

  • USMC | DRB | 2003_Marine | MD03-00738

    Original file (MD03-00738.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. Charge II: violation of the UCMJ, Article 86: (2 Specifications), Spec 1: UA from 020424-020504 (11 days); Spec 2: UA from 020718-020816 (29 days). The Applicant’s conduct, which forms the primary basis for determining the character of his service, falls short of that required for an honorable or under honorable characterization of service.

  • USMC | DRB | 2003_Marine | MD03-01148

    Original file (MD03-01148.rtf) Auto-classification: Denied

    MD03-01148 Applicant’s Request The application for discharge review was received on 20030618. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 020204: GCMCA [Commander, Marine Corps Base, Quantico, VA] determined that Applicant had no potential for further service, that separation in lieu of trial by court-martial was in the best interest of the service, and directed discharge under other than...

  • USMC | DRB | 2003_Marine | MD03-00048

    Original file (MD03-00048.rtf) Auto-classification: Denied

    MD03-00048 Applicant’s Request The application for discharge review, received 20021007, requested that the characterization of service on the discharge be changed to honorable. 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. Thank you for your time Documentation In addition to the service record, the following additional...

  • USMC | DRB | 2002_Marine | MD02-00305

    Original file (MD02-00305.rtf) Auto-classification: Denied

    MD02-00305 Applicant’s Request The application for discharge review, received 020117, requested that the characterization of service on the discharge be changed to honorable. We request equitable relief of the current discharge based on the good prior service of the member. 871231: DD Form 214: Applicant discharged under conditions other than honorable by reason of conduct triable by courts-martial, authority: MARCORSEPMAN Par.

  • USMC | DRB | 2001_Marine | MD01-00824

    Original file (MD01-00824.rtf) Auto-classification: Denied

    MD01-00824 Applicant’s Request The application for discharge review, received 010530, requested that the characterization of service on the discharge be changed to honorable. H_ of base legal after I was acquitted of a General Court-Martial, a month or two later I was charged with a bogus urine sample which was later dismissed, than I was charged with Unauthorized Absence which I requested mast and it was dismissed. Pertinent Regulation/Law (at time of discharge)A. Paragraph 6419,...

  • USMC | DRB | 2002_Marine | MD02-00665

    Original file (MD02-00665.rtf) Auto-classification: Denied

    MD02-00665 Applicant’s Request The application for discharge review, received 020411, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a documentary record discharge review. My Officer in Charge (CWO3 J_), sat me down, and CWO3 J_ put in two in his office and called my wife a "junkie", saying she took too much medicine.

  • USMC | DRB | 2002_Marine | MD02-01272

    Original file (MD02-01272.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-LCpl, USMC Docket No. MD02-01272 Applicant’s Request The application for discharge review, received 020903, requested that the characterization of service on the discharge be changed to honorable. In the Applicant’s issue statement to the Board he denies guilt of the same charges that he plead guilty to in his request for separation in lieu of trial by court-martial.