PART I - APPLICANT’S ISSUES AND DOCUMENTATION
PART II - SUMMARY OF SERVICE
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW
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 P1900.16F), effective
01 September 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 95, resisting apprehension.
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
USMC | DRB | 2003_Marine | MD03-00736
MD03-00736 Applicant’s Request The application for discharge review was received on 20030319. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. PART I - APPLICANT’S ISSUES AND DOCUMENTATION
USMC | DRB | 1999_Marine | MD99-01257
MD99-01257 Applicant’s Request The application for discharge review, received 990930, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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. You should read Enclosure (5) of the Directive before submitting such a complaint.
USMC | DRB | 2006_Marine | MD0600678
The Board’s vote was 3-2that the discharge shall change to: GENERAL (UNDER HONORABLE CONDITIONS)/IN LIEU OF TRIAL BY COURT-MARTIAL, authority: MARCORSEPMAN Par. The characterization of service shall be under other than honorable conditions by reason of misconduct.Service Record was missing elements of the Summary of Service. Subsequent to the Applicant’s unauthorized absence, he tested positive for illegal drug use on two occasions and requested discharge in lieu of court-marital for...
USMC | DRB | 2003_Marine | MD03-01182
MD03-01182 Applicant’s Request The application for discharge review was received on 20030625. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 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).The Applicant introduced no decisional issues for consideration by the Board.
USMC | DRB | 2000_Marine | MD00-00014
MD00-00014 Applicant’s Request The application for discharge review, received 990930, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant failed to respond by the deadline date to a letter requiring the applicant to notify the Naval Discharge Review Board of intention to be present for the requested personal appearance hearing. After a thorough review of the records, supporting documents, facts, and circumstances...
USMC | DRB | 2006_Marine | MD0600830
The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. You may view DoD Instruction 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...
USMC | DRB | 2006_Marine | MD0600756
The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). Decisional Issues Equity – Quality of service Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 (Service 2)Four pages from service record (4 pgs) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of...
USMC | DRB | 2003_Marine | MD03-00495
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 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.
USMC | DRB | 2006_Marine | MD0600779
The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. 920714: Applicant to unauthorized absence at 0701.920721: Applicant from unauthorized absence at 1300.920816: GCMCA, Commanding Officer, 2d Force Service Support Group, approved the Applicant's request for discharge under other than honorable conditions in lieu of trial by court-martial.921014: DD Form 214: Applicant discharged under other than honorable conditions by...
USMC | DRB | 2002_Marine | MD02-00218
MD02-00218 Applicant’s Request The application for discharge review, received 020108, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant requested a documentary record discharge review. 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 112a, wrongful use of a...