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USMC | DRB | 2005_Marine | MD0500845
Original file (MD0500845.rtf) Auto-classification: Denied


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


 FOR OFFICIAL USE ONLY

ex-PFC, USMC
Docket No. MD05-00845

Applicant’s Request
The application for discharge review was received on 20050419. 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 20050811. 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-Pattern of misconduct (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“My discharge was because of an isolated incident and is holding me back from getting any type of good job.”

 Documentation
Only the service and medical records were reviewed. The Applicant did not provide additional documentation for the Board’s consideration.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                880818 - 890208  COG

 Period of Service Under Review :
Date of Enlistment: 890209               Date of Discharge: 930312

 Length of Service (years, months, days):

         Active: 04 01 04
         Inactive: None

 Age at Entry: 20                          Years Contracted: 5

 Education Level: 12                        AFQT: 43

 Highest Rank: LCpl                         MOS: 6055

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2 (11)                      Conduct: 4.0 (11)

 Military Decorations: None

 Unit/Campaign/Service Awards: National Defense Service Medal, Rifle Marksman Badge, Letter of Appreciation (2), Navy Unit Commendation, Meritorious Mast (2)

 Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct-Pattern of misconduct (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.3.

 Chronological Listing of Significant Service Events :

891102:  Counseled for deficiencies in performance and conduct. [Failure to obey Squadron Order 1700.2C, possession of alcoholic beverages in Barracks #203 on 891021. Possession of alcoholic beverages while under the legal drinking age of twenty-one (21).] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
900612:  Counseled for deficiencies in performance and conduct. [Your possible violation of Article 134 of the UCMJ (wrongful cohabitation), to wit: dating married ladies.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
900806:  Counseled for deficiencies in performance and conduct. [Repeated tardiness and personal hygiene. He was counseled that this type of conduct is reprehensible and will not be tolerated. He was further counseled that this breach of conduct and discipline must be reversed immediately.] Necessary corrective actions explained, sources of assistance provided, disciplinary warning issued.
901219:  Counseled for deficiencies in performance and conduct. [Failure to be at appointed place of duty at the prescribed time.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
910305:  NJP for violation of UCMJ, Article 86:
 Specification: Did at MCAS, Yuma, AZ failed to go to the prescribed time to PFT formation at 0900 on 910223.
Awarded forfeiture of $422.00 per month for 1 month, extra duties for 45 days, reduction to PFC. Forfeiture and reduction suspended for 6 months. Not appealed.
910306:  Counseled for deficiencies in performance and conduct. [Failure to comply with the rules and regulations governing the good order and discipline of the Armed Forces and my frequent violations of the articles of the UCMJ.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
910326:  Applicant informed eligible but not recommended for promotion to Cpl for the 1991 2 nd quarter promotion period because of my recent NJP.

921105:  Counseled for deficiencies in performance and conduct. [My PFT failure on 921104 which is a direct reflection on my initiative, self discipline and failure to adhere to Marine Corps standards. I understand my substandard conduct will no longer be tolerated and that I have until 921128 in which to improve in my physical fitness and other deficiencies as discussed with my OIC during formal counseling.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
921210:  NJP for violation of UCMJ, Article 81:
 Specification: Did at VMA-211, MAG-13 on or abt 921122 conspire with LCpl S. L. W_ to cover for each other while they were UA.
Violation of UCMJ, Article 86 (2 specs):
Specification 1: UA fm VMA-211, MAG-13 dur the prd 1600, 921122 to 1500, 921123.
Specification 2: UA fm VMA-211, MAG-13 dur the prd 1600, 921123 to 1500, 921124.
Awarded forfeiture of $100.00 per month for 2 months, restriction and extra duties for 14 days, reduction to PFC. Forfeiture suspended for 6 months. Not appealed.
930107:  An informal inquiry to determine the Applicant’s fitness for retention or discharge found that the Applicant should be discharged by reason of misconduct due to a pattern of misconduct and minor disciplinary infractions.
930114:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and minor disciplinary infractions. The least favorable characterization of service which possible is under other than honorable conditions. The factual basis for this recommendation was even after numerous counselings and warnings your documented continuance in a series of both minor and serious disciplinary infractions.
930120:  Applicant advised of rights and having consulted with qualified counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

930121:  Commanding Officer, Marine Attack Squadron 211 recommended discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions and a pattern of misconduct. Commanding Officer’s comments (verbatim): PFC D_ (Applicant)’s poor conduct has appreciably impaired his usefulness and efficiency to this unit. Therefore his discharge is in the best interest of the Marine Corps.

930301:  SJA review determined the case sufficient in law and fact.

930304:  Commanding General, 3d Marine Aircraft Wing, Santa Ana, CA, 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 19930312 under other than honorable conditions for misconduct due to a pattern of misconduct (A and B). 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 (C and D).

 The Applicant contends that his discharge should be changed because it was due to an “isolated incident” and that it is preventing him from obtaining a “good job.” An under other than honorable conditions discharge is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member's military record. The Applicant’s service was marred by six retention warnings and two nonjudicial punishment proceedings for violations of Articles 81, 86, 92 and 134 of the UCMJ. The Applicant’s Article 92 violation, for his failure to obey a regulation by having alcohol in the barracks, is considered a serious offense. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the Marine Corps and falls far short of that required for an upgrade of his characterization of service. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. 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 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 92, failure to obey an order/regulation.
C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 D. 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

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