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NAVY | DRB | 2004 Marine | MD04-00347
Original file (MD04-00347.rtf) Auto-classification: Denied


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


ex-Pvt, USMC
Docket No. MD04-00347

Applicant’s Request
The application for discharge review was received on 20031218. The Applicant requested 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 a representative on his DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040812. 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 – Minor disciplinary infractions (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as stated
The Applicant submitted No issues for the Board’s consideration.


Documentation
Applicant marked the "WILL NOT BE SUBMITTED. PLEASE COMPLETE REVIEW BASED ON AVAILABLE SERVICE RECORDS" box on his DD 293 with regard to additional documentation for the Board’s consideration in his case:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC                       860611 - 900626  HON
          Inactive: USMCR (J)                        850621 - 860610  COG
Period of Service Under Review :
Date of Enlistment: 900627               Date of Discharge: 931022

 Length of Service (years, months, days):
         Active: 03 03 26
          Inactive: None
Age at Entry: 22                          Years Contracted: 4
Education Level: 12                        AFQT: 56

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

 Proficiency: 4.0 (11)             Conduct: 4.0(11)
Military Decorations: LtrApp (x2), GCM

 Unit/Campaign/Service Awards: NDSM, MUC
Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Minor disciplinary infractions (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.2.
Chronological Listing of Significant Service Events :

900627:  Applicant reenlisted for 4 years.
920605:  Counseled for deficiencies in performance and conduct. [Concerning Violation of Article 92 of the UCMJ.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

 920605:  NJP for violation of UCMJ, Article 92: … having knowledge of a lawful order … wrongfully fail(ed) to obey the same …
 Awd red to LCpl/E-3, forf of $200.00 per month for 1 month. Forf susp for 3 mos. Appealed submitted 920610.
920625:  Counseled for deficiencies in performance and conduct. [Concerning the special trust and confidence concerning the duties as Unit Armory Custodian.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
920627:  Appeal returned denied.
930623:  NJP for violation of UCMJ, Article 86: UA … from appointed place of duty.
 Awd red to PFC/E-2, and 15 days restriction. Not appealed.
930714:  Counseled for deficiencies in performance and conduct. [Concerning frequent involvement with military authorities and lack of integrity.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
930820:  NJP for violation of UCMJ, Article 92 (3 specs):
 Specification 1: … disobeyed MCSFCoO 1020.1L …
 Specification 2: … failed to obey a lawful order …
 Specification 3: … violated WPNSTA YORKTOWNINST 5510.5G …
Awd red to Pvt/E-1, and 30 days extra duties. Not appealed.
** Applicant’s discharge package is missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19931022 under other than honorable conditions discharge by reason of misconduct due to minor disciplinary infractions (A and B). After a thorough review of the available records, supporting documents, facts, and circumstances unique to this, the Board found that the discharge was proper and equitable (C and D ). The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (E).

 Issue 1. The Applicant did not introduce any decisional issues or additional documentation for the Board’s consideration. A service characterization of under other than honorable conditions is warranted when the member’s conduct constitutes a significant departure from that expected of a member of the United States Marine Corps. The Applicant’s service record is marred by award of nonjudicial punishment (NJP) on three separate occasions, to include the appropriate retention and discharge warnings. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflect his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for a honorable characterization of service. An upgrade to honorable would be inappropriate. 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 additional documentation to support any claims of post-service accomplishments at that time. 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 P1900.16D), effective 27 Jun 89 until 17 Aug 95.

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; Article 92, Failure to obey order or regulation .
C. 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.
D. 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.

E. 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.

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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