Search Decisions

Decision Text

USMC | DRB | 2005_Marine | MD0501065
Original file (MD0501065.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-PVT, USMC
Docket No. MD05-01065

Applicant’s Request
The application for discharge review was received on 20050609. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. The Applicant requests a personal appearance hearing discharge review before the Board in the Washington National Capital Region. The Applicant designated a VA Service Officer as the representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060112. 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 by reason of misconduct due to a pattern of misconduct.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“Post service conduct –upgrade based upon letters of reference and my personal appearance before the board.”


Additional issues submitted by Applicant’s counsel/representative (Veterans Service Office): Upgrade discharge from other than honorable to honorable. Post Service Conduct!

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Letter of Recommendation from C_ J. P_, dtd November 13, 2001
Letter of Recommendation from S_ T. F_, undated
Letter of Endorsement from L_ F. E_, dtd November 14, 2001
Letter from S_ N_, M.D. Franklin Medical Group, dtd March 23, 2005
Cover letter from P_ M. D_, Veterans Service Officer, State of Connecticut Department of Veterans Affairs Office of Advocacy & Assistance dtd February 25, 2004

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19950620 – 19950702               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19950703             Date of Discharge: 19970825

 Length of Service (years, months, days):

 Active: 02 01 17 (Excludes lost time)
          Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 6 days
         Confinement:              none

 Age at Entry: 24

 Years Contracted: 4

Education Level: 09(1 semester of college)                                  AFQT: 37

 Highest Rank: LCpl                                  MOS: 0311

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.3 (6)                       Conduct: 3.2 (6)

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle Expert Badge (2), National Defense Service Medal, Armed Forces Expeditionary Medal, Sea Service Deployment Ribbon.


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 :

960725:  Applicant arrested by California Highway Patrol for driving under the influence and speeding in excess of 100 miles per hour on or about this date. [Extracted from platoon sergeant’s letter regarding Applicant’s misconduct.]

961016:  NJP for violation of UCMJ, Article 86: In that LCpl T_, did, on or about 0700, 960919, without authority, fail to go to his appointed place of duty, to wit: D Co, 1 st LAR, morning formation. LCpl T_ did remain so absent until on or about 1100, 960919, when he returned to his unit.
         Award: Forfeiture of $237 per month for 1 month, restriction and extra duty for 14 days. Forfeiture of $237 pay per month for 1 month is hereby suspended for 3 months, at which time unless sooner vacated, the suspended portion will be remitted without further action. Not appealed.

961113:  Forfeiture of pay awarded at NJP on 961016 vacated due to continued misconduct.

961114:  NJP for violation of UCMJ, Article 92: In that LCpl T_, having knowledge of a lawful order issued by the Commanding Officer, 11 th MEU that each Marine must have liberty buddy while on liberty, an order which it was his duty to obey, did, while on liberty in Singapore, fail to obey the same.
         Award: Forfeiture of $490 per month for 1 month, reduction to E-2. Reduction and forfeiture suspended for 6 months. Not appealed.

961119:  Acknowledged understanding of eligibility but not recommended for promotion to Cpl for the month of Nov 96 Prom 1st Quarter because of recent NJP on 961016. Applicant chose not to make a statement.

970123:  Acknowledged understanding of eligibility but not recommended for promotion to Cpl for the month of Feb 97 Prom 2nd Quarter because of recent NJP on 961114. Applicant chose not to make a statement.

970311:  Acknowledged understanding of eligibility but not recommended for promotion to Cpl for the month of Apr 97 Prom period because of BN NJP dated 961114. Applicant chose not to make a statement.

970312:  NJP imposed and suspended on 961114 is vacated due to continued misconduct.

970328:  Counseling: Advised of deficiencies in performance and conduct (Misconduct as evident by recent office hours.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970331:  NJP for violation of UCMJ, Article 86: In that PFC T_, did, at Sydney, Australia, on or about 2359, 970303, without authority absent himself from his appointed place of duty, to wit: USS Essex (LHD-2) in port at Sydney, Australia, and did remain so absent until on or about 1710, 970305.
 Violation of UCMJ Article 92: In that PFC T_, having knowledge of a written order issued by the Commanding Officer of the 11 TH MEU, to wit all Marines must be with a buddy at all times while on liberty, an order which it was his duty to obey, did, on or about 2350, 970303, at Sydney, Australia, willfully disobey the same by willfully separating himself from his liberty buddy, LCpl B_.
          Award: Forfeiture of $450 per month for 1 month, restriction for 30 days, reduction to E-1. Reduction suspended for six months. Not appealed.

970401:  Counseling: Advised of deficiencies in performance and conduct (Misconduct as evident by recent office hours.), necessary corrective actions explained and sources of assistance provided. Advised being recommended for administrative separation.

970428:  Naval Hospital, Camp Pendleton, CA, Psychiatry Department:
         AXIS I:          1. Adjustment Disorder (NOS)
2.       Alcohol Dependence
 AXIS II:         Antisocial, passive aggressive personality traits
AXIS III:        None known
Found fit for duty.

970529:  Applicant to unauthorized absence at 0600 on 970529.
970604:  Applicant from unauthorized absence at 1230 on 970604.

970604:  NJP imposed and suspended on 970331 is hereby vacated due to continued misconduct.

970606:  NJP for violation of UCMJ, Article 86 (2 Specs): Spec 1: Did, at CamPen, from on or about 0500, 970522 until 0655, 970522, without authority, absent himself from his appointed place of duty, that being the Co D area for an inspection; Spec 2: Did, on or about 970529, without authority, absent himself from his unit, to wit: D Co 1 st Light Armored Reconnaissance Battalion, and did remain so absent until on or about 1230, 970604.
         Award: Reduction to E-1, restriction and extra duties for 45 days. Not appealed.

970607:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights

970707:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of pattern of misconduct. The factual basis for this recommendation was four instances of nonjudicial punishment, one of which included the charge of being in an unauthorized absence status from 970529 until 970604.

970707:  Commanding Officer, 1 st Light Armored Reconnaissance Battalion, 1 st Marine Division recommended Applicant’s discharge under other than honorable conditions by reason of pattern of misconduct.

970807:  SJA review determined the case sufficient in law and fact.

970811:  GCMCA, Commander, 1 st Marine Division 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 19970825 by reason of misconduct due to a pattern of misconduct (A and B) with a service characterization of under other than 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 (C and D).

When a Marine’s service has been honest and faithful, it is appropriate to characterize that service as honorable. 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. T he Applicant’s service was marred by four nonjudicial punishment proceedings for violations of Articles 86 and 92 of the UCMJ. The Applicant was also arrested by civil authorities for driving in excess of 100 miles per hour while under the influence of alcohol. The Applicant’s violations of Article 92 are serious offenses. The Applicant’s arrest for driving under the influence is the equivalent to a violation of Article 111 of the UCMJ, also 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. Relief is not warranted.

 Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. 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 Naval service. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. While the Board applauds the Applicant’s volunteer efforts, his efforts to document post-service accomplishments need to be more comprehensive. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided sufficient post-service documentation for the Board to consider. 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 P1900.16E), effective 31 Jan 97 until 31 Aug 01.

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 or Article 111, driving under the influence.
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

Similar Decisions

  • USMC | DRB | 2006_Marine | MD0600542

    Original file (MD0600542.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). Applicant chose not to make a statement.961120: NJP for violation of UCMJ, Article 92: Specification: In that SNM (Applicant), did, on or about 961111, at 0400, violate a written order, to wit: MCO 1020.34F, in that he returned to base with an earring in his ear. The basis for this recommendation is [Applicant’s] discreditable involvement...

  • USMC | DRB | 2005_Marine | MD0501221

    Original file (MD0501221.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). ), necessary corrective actions explained, sources of assistance provided.011120: NJP for violation of UCMJ, Article 92: Specification 1: In that PFC G_ H. B_ (Applicant), did, on board Camp Hansen, Okinawa Japan, on or about 0230, 2 November 2001, failed to obey a lawful general order, to wit: by wrongfully consuming alcohol under the legal...

  • USMC | DRB | 2006_Marine | MD0600416

    Original file (MD0600416.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. I believe that my performance of duty demonstrates that as a Marine, my performance of duty to the Corp was in keeping with the award of an Honorable Character of Service discharge rating. I injured myself while performing my duties and not due to any actions on my part that could be characterized as anything other than Honorable.” Documentation In addition to the...

  • USMC | DRB | 2014_Marine | MD1400370

    Original file (MD1400370.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.

  • USMC | DRB | 2001_Marine | MD01-00330

    Original file (MD01-00330.rtf) Auto-classification: Denied

    Nonetheless, the Board finds no evidence of inequity in the conduct of the nonjudicial punishment and two Summary Court Martial convictions in which the applicant was found guilty. He admitted he was guilty of violating the Articles of the UCMJ under which he was charged and also found guilty during two subsequent Summary Court Martial convictions. Relief is not warranted.The NDRB is also authorized to consider outstanding post-service conduct, to the extent that such matters provide a...

  • USMC | DRB | 1999_Marine | MD99-00951

    Original file (MD99-00951.rtf) Auto-classification: Denied

    Chronological Listing of Significant Service Events :960207: Counseled for deficiencies in performance and conduct, specifically violation of Article 89 UCMJ, disrespect Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.960209: NJP for violation of UCMJ, Article 128: On or about 0615, 9 Feb 96 assaulted LCPL C_ by striking him with a closed fist. After a thorough review of the records, supporting documents, facts, and...

  • USMC | DRB | 2006_Marine | MD0600747

    Original file (MD0600747.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT FOR OFFICIAL USE ONLY ex-Pvt, USMC Docket No. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). Finding: Guilty Charge II: violation of the UCMJ, Article 107: Specification: False official statement.

  • USMC | DRB | 2005_Marine | MD0501533

    Original file (MD0501533.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION Issues, as stated No issues for consideration were submitted by the Applicant.Issues submitted by Applicant’s counsel/representative (American Legion): “ Equity Issue: Pursuant to USC 874 (b) (UCMJ, Article 74) and in accordance with SECNAVINST 5420.174D, Part IV, Paragraph 403 m (7), we request, on behalf of this former member, the Board’s clemency relief with an up-grade of his characterization of service on the basis of his post-service...

  • USMC | DRB | 2005_Marine | MD0500271

    Original file (MD0500271.rtf) Auto-classification: Denied

    MD05-00271 Applicant’s Request The application for discharge review was received on 20041129. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 Letter from Applicant (3 pgs), undtd Statement in Support of Claim from Applicant (2 pgs), undtd Letter from Applicant dtd February 25, 2005 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive:...

  • USMC | DRB | 2006_Marine | MD0600418

    Original file (MD0600418.rtf) Auto-classification: Denied

    After reviewing my service records and the contents of this letter, I believe the reviewing board will reconsider my discharge and grant me a “General / Under Honorable Conditions”. PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USMCR (DEP) 20020208 - 20020224 COG Active: None Period of Service Under Review :Date of Enlistment: 20020225 Date of Discharge: 20050427 Length of Service (years, months, days):Active: 03 02 03 Inactive: None...