Search Decisions

Decision Text

USMC | DRB | 2005_Marine | MD0500272
Original file (MD0500272.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD05-00272

Applicant’s Request
The application for discharge review was received on 20041115. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a personal appearance review before a traveling panel closest to the Harrisburg Area. The Applicant did not list any representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the National Capital Region. The NDRB also advised that the Board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20050214. 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 discharge was unfair because the command kicked me out when they didn’t think they could (or tried and failed to) convict me at the court-martial level. I was told by my CO that the regimental commander didn’t want to see me. There also was people discharged in my unit with a general discharge under Honorable Conditions that were UA and failed drug tests. There were different drug tests redone in my unit because of Officers down to PVT’s failed a lot of tests. The High number of failures resulted in a retest. These occurrences went on for weeks. My drinking and immaturity and the time didn’t prohibit me from being a Marine and serving the country. I would like an upgrade for serving with pride in my country. Keeping the USMC reputable in my life.”

 Applicant marked the box "I HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THIS APPLICATION." None were found.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
None were submitted

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                990423 - 990428  COG

 Period of Service Under Review :
Date of Enlistment: 990429               Date of Discharge: 020104

 Length of Service (years, months, days):

         Active: 02 08 06
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 50

 Highest Rank: PFC                          MOS: 0621

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.9 (6)                       Conduct: 3.5 (6)

 Military Decorations: None

 Unit/Campaign/Service Awards: REB (2d)

 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 :

990930:  NJP for violation of UCMJ, Article 92:
 Specification: Violate ScolO 1700.4D, underage drinking on 2145, 990831.
Awarded forfeiture of $479.00 per month for 1 month, restriction and extra duties for 45 days, reduction to E-1. Restriction and extra duty for 45 days suspended for 30 days, reduction suspended for 6 months. Not appealed.
990930:  Counseled for deficiencies in performance and conduct. [Failure to conform to Marine Corps standards, specifically my recent NJP for violations of Article 92 of the UCMJ.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000113:  Counseled for deficiencies in performance and conduct. [My alcohol related incident specifically, consuming alcohol while under the age of 21 and operating a motor vehicle.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000121:  Vacate suspended reduction awarded at CO’s NJP 990930.

000121:  Counseled for deficiencies in performance and conduct. [On 000119 Applicant had an appointment with A.T.F. at 0830. Applicant failed to make this appointment.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

010109:  Counseled for deficiencies in performance and conduct. [Unauthorized absence from section PT. Specifically you were UA from section PT at 0530 on 010109 and did stay UA until 0730.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

 010112:  NJP for violation of UCMJ, Article 92:
 Specification: Disobey an order from GySgt G_, SSgt M_ and Sgt Q_ from September 2000 to November 2000, by driving his vehicle since it did not have vehicle registration, base registration, and vehicle insurance.
Awarded forfeiture of $263.00 per month for 1 month. Forfeiture suspended. Not appealed.
010514:  NJP for violation of UCMJ, Article 92 (2 specs):
 Specification 1: Violate a lawful general order on 010409, to wit: by wrongfully violating speed regulations on board MCB Camp Lejeune.
Specification 2: Violate a lawful general order on 010419, to wit: BO P5560.2, by wrongfully driving while intoxicated on board MCB Camp Lejeune.
Awarded forfeiture of $521.00 per month for 2 months, restriction and extra duties for 21 days, reduction to E-1. Forfeiture suspended for 6 months. Not appealed.
010514:  Counseled for deficiencies in performance and conduct. [Failure to obey BO P5560.2K by operating a POV on board Camp Lejeune at excessive speeds and driving under the influence of alcohol.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
010801:  NJP for violation of UCMJ, Article 92:
 Specification: Operate a POV while on suspension aboard Camp Lejeune, NC.
Violation of UCMJ, Article 134:
Specification: Break restriction on 010603.
Awarded forfeiture of $521.00 per month for 2 months, restriction and extra duties for 45 days. Not appealed.
010822:  Applicant notified of intended recommendation for discharge by reason of misconduct due to a pattern of misconduct. The least favorable characterization of service possible is under other than honorable.
010822:  Applicant advised of 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.

010905:  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 based specifically on the characterization of his service as documented by his chain of command character statements and his service record book.

011218:  SJA review determined the case sufficient in law and fact.

011222:  GCMCA [Commanding General, 2d Marine Division, II Marine Expeditionary Force, Camp Lejeune, NC] 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 20020104 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. 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. T he Applicant’s service was marred by award of nonjudicial punishment (NJP) on four occasions for disobedience of lawful orders and breaking restriction. In addition, the Applicant’s conduct evaluation average, which forms the primary basis for determining the character of his service, falls short of that required for an honorable characterization of service. While he may feel that his immaturity at the time and alcohol use 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 Board discerned nothing to support the Applicant’s allegations that he was treated unfairly by his chain of command. 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 inequity or impropriety must have existed during the period of enlistment in question. No such inequity or impropriety 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 92, disobey a lawful order; and Article 134, break restriction.
C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

D Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 E. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .

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


Similar Decisions

  • USMC | DRB | 2003_Marine | MD03-01360

    Original file (MD03-01360.rtf) Auto-classification: Denied

    MD03-01360 Applicant’s Request The application for discharge review was received on 20030808. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 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.

  • 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...

  • NAVY | DRB | 2004 Marine | MD04-00861

    Original file (MD04-00861.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. PART I - APPLICANT’S ISSUES AND DOCUMENTATION There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

  • USMC | DRB | 2005_Marine | MD0500665

    Original file (MD0500665.rtf) Auto-classification: Denied

    920912: Applicant charged with driving while impaired, Level 2.921104: NJP for violation of UCMJ, Article 81: Not appealed.921113: Consolidated Drug and Alcohol Center, Marine Corps Base, Camp Lejeune: Applicant evaluated and found to an alcohol abuser.930801: Applicant to unauthorized absence 1200, 930801.930806: Applicant from unauthorized absence 0530, 930806 (4 days/surrendered).930818: Consolidated Drug and Alcohol Center, Marine Corps Base, Camp Lejeune Consultation report: Diagnostic...

  • USMC | DRB | 2005_Marine | MD0501393

    Original file (MD0501393.rtf) Auto-classification: Denied

    MD05-01393 Applicant’s Request The application for discharge review was received on 20050815. PART I - APPLICANT’S ISSUES AND DOCUMENTATION CA 970121: The sentence approved and, except for bad conduct discharge will be executed, but the execution of that part of the sentence extending to all confinement in excess of 45 days is suspended for a period of 12 months from date of trial.960724: Joined Marine Corp Base Brig, Camp Lejeune, North Carolina for confinement [Date extracted from DD Form 214].

  • USMC | DRB | 2005_Marine | MD0500884

    Original file (MD0500884.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. )“I was discharged from the Marine Corps for continued underage drinking. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

  • USMC | DRB | 2005_Marine | MD0501043

    Original file (MD0501043.rtf) Auto-classification: Denied

    MD05-01043 Applicant’s Request The application for discharge review was received on 20050601. Issues, as stated Applicant’s issues, as stated on the application and from an attached document/letter to the Board: “My request is for an honorable discharge, however if the review board doesn’t determine my appeal to warrant an honorable, I would accept a general/under honorable conditions. The first incident is an Administrative Remarks form contained in my OMPF dated 2001/07/05 stating that I...

  • USMC | DRB | 2005_Marine | MD0500553

    Original file (MD0500553.rtf) Auto-classification: Denied

    Aggravating factors noted by the Board included: o five formal counseling (Page 11) entries for deficiencies in performance and conduct; o three nonjudicial punishment (NJP) proceedings for violations of the following Articles of the UCMJ: 86 Unathorized absence, 91 Insubordinate conduct, 92 Disobeying a lawful order, and 134 Drunk and disorderly conduct; and o a summary court-martial for violations of the following Articles of the UCMJ: 91 Insubordinate conduct (2 specifications) (G), 92...

  • USMC | DRB | 2005_Marine | MD0500261

    Original file (MD0500261.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions) and the Narrative Reason for Separation be changed to “General to have my Code 4 upgraded.” The Applicant requests a documentary record discharge review. The fourth Marine who came with us, his whole plan was hoping that going U A they would discharge him from the Marine Corps. I also help the other juveniles by talking about my mistakes I...

  • USMC | DRB | 2002_Marine | MD02-00986

    Original file (MD02-00986.rtf) Auto-classification: Denied

    Its been 12 years roughly since I have been discharged with an other than honorable discharge without my last qualification on the rifle range wasn't on my DD214 and neither did I receive my accrued days of leave time that was at least 2 1/2 months worth. This is not only irresponsible but a blatant disregard for military authority by failing to comply with a direct order. 900831: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of...