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NAVY | DRB | 2004 Marine | MD04-00690
Original file (MD04-00690.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD04-00690

Applicant’s Request
The application for discharge review was received on 20040322. 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 any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20041008. 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/Conduct triable by courts-martial (request for discharge for the good of the service), authority: MARCORSEPMAN Par. 6419.





PART I - APPLICANT’S ISSUES AND DOCUMENTATION


 Issues, as stated

Applicant’s issues, as stated on the application:

 1. “Dear Sir,

I have always wanted to go into the Marine Corps since I was 14 years old. When I was in high school I joined junior naval reserve officer training corps. I loved every minute of it. I worked myself up through the ranks and graduated as LT.Commander of the unit and drill team. This was my stepping- stone to joining the Marine Corps. I signed up for 6 years when I joined the marines. I wanted to be a marine. I graduated boot camp and went to my duty station. The Persian War started. I volunteered to go. I supported my country during war and was promoted to lance corporal. This is where my life would change forever. I had never been with another woman before. During the stress of the war I started having feelings for this other female. I thought I was losing my mine because I did not like females in that manner. When the war was over I took leave to sc and visit my family. While I was there this other female came down a few days later. We talked and had an intimate relationship. I was so confused and I was scared that the military would not understand. So I made the biggest mistake of my life I ran. If I could do it all over again and change that awful judgment call I would. I realized when it was to late that I was not gay and I did not love this other woman. Since I have been an out of the military I have succeeded in management and the healthcare industry. I have a loving boyfriend of 2 years who is in the navy. I have a nephew who is planning on going into the marines because that is all I talk about. I wish to God that I were still in the marines so that I could be fighting for my country again. Please, I would like my discharge to be upgraded.
Thank you.
M_ S_ O_ ( Applicant )

Dear Sir,

I also would like to state that when I returned to Hawaii form the Persian Gulf I took military leave shortly after that. I should have stayed on base and received some sort of counseling. When my counsel realized what happen he recommend discharge for the good of the service, due to the possibility of me being gay at that time.

M_ S_ O_ ( Applicant )”






 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Certificate of completion, dated November 16, 1989
Letter to Applicant, dated February 13, 1997
Certificate of recognition, dated July 25, 1997
Certificate of completion, dated March 14, 1995
Certificate of completion, dated November 20, 1996
November Employee of the Month certificate, dated November 4, 1996
Certificate of completion, dated September 30, 2002
Student clinical evaluation tool, dated September 30, 2002
Certificate of completion, dated October 29, 2002
Applicant’s resumé
Letter to the Staff of Greenville Place, undated

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                891121 - 900107  COG

 Period of Service Under Review :
Date of Enlistment: 900108               Date of Discharge: 911009

 Length of Service (years, months, days):

         Active: 01 09 02 (Does not exclude lost time)
         Inactive: None

 Age at Entry: 18                          Years Contracted: 6

 Education Level: 12                        AFQT: 54

 Highest Rank: LCpl                         MOS: 3043

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.6 (2)                       Conduct: 4.2 (2)

 Military Decorations: None

 Unit/Campaign/Service Awards: RMB, NDSM, SASM (3)

 Days of Unauthorized Absence: 101

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

UNDER OTHER THAN HONORABLE CONDITIONS/Conduct triable by courts-martial (request for discharge for the good of the service), authority: MARCORSEPMAN Par. 6419.

 Chronological Listing of Significant Service Events :

900522:  NJP for violation of UCMJ, Article 92:
 Specification: Having knowledge of a lawful order issued by Area Commander, camp Johnson, MCB Camp Lejeune, NC, violate same at 0130 on 900517 by wrongfully and unlawfully allowing a male Marine to enter her room, an unauthorized area for male personnel.
Awarded forfeiture of $300.00 per month for 2 months, restriction and extra duties for 22 days. Not appealed.
900522:  Counseled for deficiencies in performance and conduct. [Substandard performance of duty due to your wrongfully and unlawfully allowing a male Marine to enter your room.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

910515:  Applicant to unauthorized absence 0730, 910515.

910615:  Applicant declared a deserter on 910615 having been an unauthorized absentee since 0730, 910515.

910826:  Applicant apprehended by military authorities on 2130, 910826 at Fountain, SC. Escorted and transported to CO, BSSG 1, H&Sco, 1 st MEB, FMF, KMCAS HI.

910910:  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 she counsel had fully explained the elements of the offenses for which she was charged and that she understood the elements of the offenses. She further certified a complete understanding of the negative consequences of her 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 from 0730, 910515 to 2130, 910826 (101 days/apprehended).

910911:  Charges preferred for violation of the Uniform Code of Military Justice (UCMJ) Article 86: Unauthorized absence from 910515 to 910826 (101 days/apprehended).
910925:  SJA review determined the case sufficient in law and fact.

910925:  GCMCA [Commanding General, 1 st Marine Expeditionary Brigade] 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 19911009 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. On 19910910, the Applicant requested discharge for the good of the service to escape trial by court-martial. In the request the Applicant noted that her counsel had fully explained the elements of the offenses for which she was charged and that she was guilty of the offenses. She 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 her conduct or that she should not be held accountable for her actions. Relief denied.

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. After a complete review of the entire record, including the evidence submitted by the Applicant, the Board determined that her discharge was appropriate and that her evidence of post-service conduct was found not to mitigate the conduct for which she was discharged. 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. 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 P1900.16D), 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 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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