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NAVY | DRB | 2004 Marine | MD04-00830
Original file (MD04-00830.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD04-00830

Applicant’s Request
The application for discharge review was received on 20040422. 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 20041122. 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 am sending this form in so I may re-enter the United States Marine Corp. I hope that you will consider my request and change not only my discharge but my re-entry code also. When I entered the service the first time I was immature and ignorant, but now I realize that the Marine Corp is the place for me and my family. So please seriously consider my request so I may re-enter the Marine Corps and serve my country proud. Thank you for your time and I hope to be back in the field very shortly!!! .”
Documentation
The Applicant did not submit any additional documentation for the Board to consider his case.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                010726 - 010910  COG

 Period of Service Under Review :
Date of Enlistment: 010911               Date of Discharge: 020823

 Length of Service (years, months, days):

         Active: 00 11 12 (Does not include lost time.)
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

 Education Level: 12                        AFQT: 64

 Highest Rank: PFC                          MOS: 0311

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: *                              Conduct: *

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, RSB

 Days of Unauthorized Absence: 56

 *No marks found in Applicant’s service record.
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 :

020318:  Applicant to UA (AWOL) since 2046, 020317.

020322:  Applicant from UA (AWOL) at 0630, 020321.

020402:  Applicant to UA (AWOL) since 2046, 020414.

020514:  Applicant from UA (AWOL) at 1638, 020513.

020515:  NJP for violation of UCMJ, Article 86: Absent without leave. Charge I: in
PFC L_ (Applicant), did, on or about 020317, without authority, absent himself from his unit to wit: MCSFTCo locates at Chesapeake, VA, and did remain so absent until he surrendered on or about 020321. Charge II: In that PFC L_ (Applicant), did, on or about 020414, without authority, absent himself from his unit to wit: MCSFTCo located at Chesapeake, VA, and did remain so absent until he surrendered on or about 020513.
Awarded reduction to PVT/E-1, forf of $552.00 per mo for 1 mos (total forf of $552.00) and CCU for 29 das. Forf of $552.00 per mo for 1 mos (total forf of $552.00) suspended for 6 mos, unless sooner vacated will be remitted without further action. Not appealed.

 020515:  Counseled this date concerning NJP conducted on 020515 for violation of Article(s) 86 of the UCMJ. SNM (Applicant) informed that this type of action in his Marine Corps career might cause adverse reaction regarding retention. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

020515:  Counseled this date concerning pattern of misconduct. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
020530:  Applicant to UA (AWOL) since 0600, 020523.

020612:  Applicant from UA (AWOL) at 2218, 020611.

020617:  NJP for violation of UCMJ, Article 86: Absent without leave. In that Pvt
L_ (Applicant), did, on or about 020503, without authority, absent himself from his unit to wit: MCSFTCo located at Chesapeake, VA 23322 and did remain so absent until he surrendered on or about 020611.
Awarded forf of $552.00 per mo for 2 mos (total forf of $1,104.00) and 60 days of restr to place of mess, bil, du, and worship and most dir route to and fr w/o susp fr du. Not appealed.
020617:  Counseled this date concerning NJP conducted on 020617 for violation of Article(s) 86 of the UCMJ. SNM (Applicant) informed that this type of action in his Marine Corps career might cause adverse reaction regarding retention. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

020708:  Counseled this date concerning pattern of misconduct. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

020806:  NJP for violation of UCMJ, Article 121: Larceny. On or about 1130, 020804, steal gym shorts, or about a value of $50.00, the property of Staff Sergeant H_.
 Awarded forf of ½ mos pay at $552.00 per mo for 2 mos 45/45 restr and epd. Not appealed.
020806:  Counseled this date concerning the following deficiencies: your recent NJP held on 020806 for violation of Article(s) 121 of the UCMJ. SNM (Applicant) informed that this type of action in his Marine Corps career might cause adverse reaction regarding retention. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

 Applicant’s separation package missing from service record.


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020823 under other than honorable conditions by reason of misconduct due to a pattern of misconduct (A). 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 (B and C). The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (D).

Issue 1. The Board found the Applicant’s age, educational level and test scores qualified him for enlistment. While he may feel that his immaturity was a factor contributing to his unauthorized absences, the record clearly reflects the Applicant’s disregard for the requirements of military discipline while demonstrating he was unfit for further service. The Applicant’s service was marred by 3 nonjudicial punishment proceedings for violations of Articles 86 (a total of 56 days) and 121 of the UCMJ. The record is devoid of any evidence that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reentry into the naval service or any other of the Armed Forces. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy or Marine Corps. Reenlistment policy of the Marine Corps is promulgated by the Commandant, United States Marine Corps, Code MMEA, 3280 Russell Road, Quantico, VA 22134. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

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 6210, MISCONDUCT , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 01 Sep 2001 until Present.

B. 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.

C. 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.


D. 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 “ http://Boards.law.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:

                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023


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