Search Decisions

Decision Text

USMC | DRB | 2003_Marine | MD03-01261
Original file (MD03-01261.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD03-01261

Applicant’s Request
The application for discharge review was received on 20030717. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge review. The Applicant did not list a representative on his 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/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
Applicant’s issues, as stated on the application:

“1. I served three years and ten months. I believe that should speak for itself. There is not a day that goes by that I do not wish I could change the outcome of my time within The Marine Corps.”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
None submitted.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR(J)                950825 - 960617  COG

 Period of Service Under Review :
Date of Enlistment: 960618               Date of Discharge: 000414

 Length of Service (years, months, days):

         Active: 03 09 27
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 78

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (9)                       Conduct: 3.6 (9)

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

 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 :

970513:  NJP for violation of UCMJ, Article 134: Drunk and Disorderly, fighting in Okinawa City, Okinawa, Japan on or about 0215, 26 April 1997
 Awarded forfeiture of 7 das pay. Total forf of $244.00. Awd restr for a period of 7 days. Not appealed.
970529:  NJP for violation of UCMJ, Article 86: Absent from work section, Supply Warehouse, HqCo, 4 th Mar, Camp Schwab, Okinawa Japan on or about 0700 on 24 May 97. Violation of UCMJ, Article 91: Failed to follow a lawful order from his NCO Cpl B_.
 Awarded forfeiture of $244.00 per month for one month, restriction and extra duties for 14 days. Not appealed.
970530:  Counseled for deficiencies in performance and conduct. [Continued problems involving alcohol.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued
970811:  NJP for violation of UCMJ, Article 128: Assault by striking at Sgt C_ on or about 2345 on 25 Jul 97. Violation of UCMJ, Article 92: Failed to follow a lawful order from Sgt C_. Violation of UCMJ, Article 91: Disrespectful language toward Sgt C_.
Awarded reduction to E-2, forfeiture of $505.00 per month for 2 months, and restriction 60 days. Not appealed.
981218:  NJP for violation of UCMJ, Article 91: Insubordinate conduct toward Staff-Noncommissioned Officer. Violation of UCMJ, Article 134: Drunk and Disorderly with conduct of a nature to bring discredit upon the Armed Forces.
Awarded forfeiture of $244.00 per month for one month (suspended for 6 mo.), restriction and extra duties for 14 days. Not appealed.
991122:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by a pattern of misconduct throughout his enlistment.

991122:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

991122:  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 “documented alcohol treatment failure and patter(n) of misconduct resulting in numerous counselings and Non-judicial punishments.”

000316:  SJA review determined the case sufficient in law and fact.

000323:  GCMCA [Commanding General, 2d Marine Division, II Marine Expeditionary Force] 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 20000414 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).

Issue 1: Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the Applicant’s enlistment. While he may feel the time he served in the Marine Corps should be considered in reviewing his discharge, it does not mitigate the Applicant’s disobedience of the orders and directives, which regulate good order and discipline in the naval service. The Applicant’s service record is marred by the awarding of nonjudicial punishment (NJP) on four separate occasions substantiating his misconduct . His conduct clearly demonstrated he was unsuitable for further service. It must be noted that most Marines serve honorably and well; thereby, earning honorable discharges. In fairness to those Marines, commanders and separation authorities are tasked to ensure that undeserving Marines receive no higher characterization of service than is due. An upgrade to honorable conditions would be inappropriate. Relief denied.

 While 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. 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, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence of a substance free lifestyle, are examples of verifiable documentation that should have been provided to receive consideration for relief, based on post-service conduct. The Applicant’s provided no such evidence for this Board to consider at this time.

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: Absent from appointed place of duty, Article 91 (3): Insubordinate conduct toward a noncommissioned officer, Article 92: Failure to obey order or Regulation, Article 128: Assault, and Article 134 (2): Drunk and Disorderly with 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      

Similar Decisions

  • USMC | DRB | 2002_Marine | MD02-01035

    Original file (MD02-01035.rtf) Auto-classification: Denied

    MD02-01035 Applicant’s Request The application for discharge review, received 020611, requested that the characterization of service on the discharge be changed to honorable. CA action 000428: Sentence approved and ordered executed except for that portion of the punishment adjudging forfeiture of $620.00 which is suspended for 6 months, unless sooner vacated at which time will be remitted without further action.000615: Counseled for deficiencies in performance and conduct. After a thorough...

  • USMC | DRB | 2003_Marine | MD03-00886

    Original file (MD03-00886.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Naval Discharge Review Board (NDRB) also advised that the Board first conducts a documentary review prior to any personal appearance hearing. I am submitting from DD 293 to the review board and I am asking that my “Other than Honorable Conditions” discharge be upgraded to Honorable.

  • USMC | DRB | 2002_Marine | MD02-00039

    Original file (MD02-00039.rtf) Auto-classification: Denied

    MD02-00039 Applicant’s Request The application for discharge review, received 010926, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. The applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful disobedience of the orders and directives which regulate good order and discipline in naval service, and falls short of that required for an honorable...

  • USMC | DRB | 2005_Marine | MD0501352

    Original file (MD0501352.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USMCR (DEP) 19960424 – 19961215 COG Active: None Period of Service Under Review :Date of Enlistment: 19961216 Date of Discharge: 19980807 Length of Service (years, months, days):Active: 01 07 22 Inactive: None Time Lost During This Period (days): Unauthorized absence:...

  • USMC | DRB | 2003_Marine | MD03-01027

    Original file (MD03-01027.rtf) Auto-classification: Denied

    MD03-01027 Applicant’s Request The application for discharge review was received on 20030516. As a result of the situation, this caused a blemish on my criminal history and as you can see it shows a criminal record from Washington, DC. The Applicant's misconduct is clearly documented.

  • NAVY | DRB | 2004 Marine | MD04-00163

    Original file (MD04-00163.rtf) Auto-classification: Denied

    MD04-00163 Applicant’s Request The application for discharge review was received on 20031029. I do take full responsibility for my actions while enlisted and regret those choices that I made which resulted in this outcome. The factual basis for this recommendation was (the Applicant’s) history of misconduct during his time in the Marine Corps.

  • USMC | DRB | 2000_Marine | MD00-00445

    Original file (MD00-00445.rtf) Auto-classification: Denied

    The discharge shall change to: GENERAL (UNDER HONORABLE CONDITIONS)/ Misconduct – Pattern of misconduct (admin discharge board required but waived), authority: MARCORSEPMAN Par. 850129: Counseled for deficiencies in performance and conduct. [Between 841015 and 841204 you have demonstrated a pattern of conduct which is detrimental to the good order and discipline of Marines.

  • USMC | DRB | 1999_Marine | MD99-00951

    Original file (MD99-00951.rtf) Auto-classification: Denied

    Chronological Listing of Significant Service Events :960207: Counseled for deficiencies in performance and conduct, specifically violation of Article 89 UCMJ, disrespect Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.960209: NJP for violation of UCMJ, Article 128: On or about 0615, 9 Feb 96 assaulted LCPL C_ by striking him with a closed fist. After a thorough review of the records, supporting documents, facts, and...

  • USMC | DRB | 2000_Marine | MD00-00228

    Original file (MD00-00228.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Supplementary Action & Special Court-Martial Order Number 79-94 dtd 11 May 94Copy of DD Form 214 (2 copies) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USMCR(J) 881230 - 890710 COG Period of Service Under Review :Date of Enlistment: 890710 Date of Discharge: 940531 Length of Service (years,...

  • NAVY | DRB | 2004 Marine | MD04-00183

    Original file (MD04-00183.rtf) Auto-classification: Denied

    MD04-00183 Applicant’s Request The application for discharge review was received on 20031107. So, I leave it in your hands to help me!” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USMC None HON Inactive: USMCR (J) 870519 - 871116 COG Period of Service Under Review :Date of...