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NAVY | DRB | 2004 Marine | MD04-00199
Original file (MD04-00199.rtf) Auto-classification: Denied


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


ex-PVT, USMC
Docket No. MD04-00199

Applicant’s Request
The application for discharge review was received on 20031117. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 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 20040720. 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. “My issue relates to entering the service not muture enough to accept responsibility of military life. I was recruited at the age of 17 in my senior year of High School. I entered under the deferred entry program until I reached age 18. I completed basic training without any problems. After returning home on esxtended leave home I reported to Camp Lejeune for MCT on 20010112 at 1425 hrs. I never started training and after 3 months of sitting idle Gunnery Sgt F_ determined that I hadn’t started because admin did not have me in the computer. By this time I was tired and inpatient about being there. I begin to leave base out of boredom and immaturity. I did leave shortly after arriving because of my buddies were sent on to training without me. Since I have been home I have complied with the laws of Alabama and the United States. I am now 21 years of age and have matured significantly. I am getting married on December the 19 th , 2003 and hope to continue to contribute to my comunity. By upgrading my discharge I hope to have more opportunity to succeed in life. Thanks in advance for your thoughtful consideration.”
Documentation
In addition to the service record (there was NO DISCHARGE PACKAGE AVAILABLE), the following additional documentation, submitted by the Applicant, was considered:
Copy of Time Sheet from Morgan County Commission
 Handwritten Listing of References
 Copies of DD Form 214 (2)
Copy of Discharge Accountability Summary
Letter from Applicant

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
          Inactive: USMCR (J)               000513 - 000924  COG

 Period of Service Under Review :
Date of Enlistment: 000925               Date of Discharge: 020128
Length of Service (years, months, days):

          Active: 01 04 04 (Does not exclude lost time)
          Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 35

 Highest Rank: PFC
Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 2.5 (1)                       Conduct: 1.3 (2)
Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 72
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 :

010119:  Counseled for deficiencies in performance and conduct. [Specifically underage drinking and failing to obey the base order of no alcohol transported on base.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
010222:  To Confinement.

 010309:  From Confinement, to duty.
010320:  Counseled for deficiencies in performance and conduct. [Specifically your unauthorized absence from SOI, TrngCmd, CamLej from 2145, 010203 to 1830, 010222.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
010320:  NJP for violation of UCMJ, Article 86: Did at 2145, 010203 without authority, absent himself from his appointed place of duty at which time he was required to be, and did, remain so absent until 1830, 010222 (19 days); violation of UCMJ, Article 92: Did on or about 0400, 010119, violate BO P1700.6H, by possessing alcohol while under the age of 21, while on base, violation of UCMJ, Article 92: Did on or about 0400, 010119, violate BO P1700.6H, by drinking alcohol under the age of 21.
 Awarded forfeiture of $243.00 pay per month for 1 month, restriction and extra duties for 14 days. Not appealed.
010322:  Counseled for deficiencies in performance and conduct. [Specifically the refusal of a direct order.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
010327:  NJP for violation of UCMJ, Article 91: Having received a lawful order from 1 st Sgt S_, and GySgt H_, SNCOs then known by the said PVT K_ to be SNCOs to board the bus for training, an order which it was his duty to obey, did on or about 1500, 010321, willfully disobey the same.
 Awarded forfeiture of $521.00 pay per month for 2 months, restriction for 60 days. Not appealed.
010416:  Counseled for deficiencies in performance and conduct. [Specifically your failure to obey orders.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
010426:  Counseled for deficiencies in performance and conduct. [Specifically your failure to obey orders by consuming alcohol under the legal age.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
010501:  NJP for violation of UCMJ, Article 92: Did on 010421, violate MCO 1700.22D dated 970829, by consuming alcoholic beverages while underage; violation of UCMJ, Article 134: On or about 2035, 010421, broke restriction by leaving the authorized limits of restriction.
 Awarded forfeiture of $521.00 pay per month for 2 months, restriction for 15 days, extra duties for 45 days. Not appealed.
010526:  To UA.
010528:  From UA (2 days).
010915:  To UA.
010917:  From UA (2 days).
010917:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 86 (5 Specifications),
         Specification 1: UA from 2100, 010602 to 1650, 010711 (39 days); Specification 2: UA from 2145, 010727 to 0100, 010728; Specification 3: UA from 1400, 010728 to 1500, 010728; Specification 4: UA from 2145, 010728 to 0400, 010729; Specification 5: UA from 0938, 010825 to 0745, 010904 (10 days).
         Finding: to Charge I and specifications 1 thru 5 thereunder, guilty.
         Sentence: Forfeiture of $695.00 pay per month for 1 month, confinement for 1 month.
         CA action 011005: Sentence approved and ordered executed.
010917:  To Confinement.

 011011:  From Confinement.
020128:  Applicant discharged per MARCORSEPMAN PAR 6210.3 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 20020128 under other than honorable conditions for misconduct due to a pattern of misconduct (A and B). In the absence of a discharge package, the Board presumed regularity in the conduct of governmental affairs (C) and, after a thorough review of the available 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. The Applicant’s service was marred by award of nonjudicial punishment (NJP) on three occasions, one summary court-martial and adverse counseling entries on other occasions. The Board found that the Applicant’s age, education level, and test scores qualified him for enlistment. While he may feel that his immaturity and youth were factors that contributed to his actions, 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. 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 P1900.16F), effective 01 Sep 2001 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; Article 91, disobey the orders of SNCOs; Article 92, disobey a lawful order; and Article 134, break restriction.
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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