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USMC | DRB | 2005_Marine | MD0501152
Original file (MD0501152.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. MD05-01152

Applicant’s Request
The application for discharge review was received on 20050629. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). The Applicant requests a documentary record discharge review. The Applicant did not designate a representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20051206. 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:

“My discharge was based mainly on my inability to wake up in the morning and make it to work on time. I do not feel that “failure to adapt” warrants an other than honorable discharge and would like for my military records to be changed accordingly.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19951024 – 19960728               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19960729             Date of Discharge: 19981008

 Length of Service (years, months, days):

 Active: 02 02 10
         Inactive: None

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

 Age at Entry: 17 (Parental Consent)

 Years Contracted: 4

Education Level: 12                                 AFQT: 85

 Highest Rank: PFC                                   MOS: 0151

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NA*                  Conduct: NA*

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Letter of Appreciation (3d Awd), Certificate of Commendation, Rifle Marksman Badge.

*Not Available


 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 :

951024:  Applicant granted moral waiver.

970604:  Counseling: Advised of deficiencies in performance and conduct (Repeated tardiness [violation of Article 86] and my violation of Article 92; specifically, SqdnO 1700.2 prohibiting underage drinking and alcoholic containers/beverages in my BEQ room and failure to obey a direct order given by SNCOIC and an NCO), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970623:  Counseling: Advised of deficiencies in performance and conduct (Not being at appointed place of duty at the time prescribed), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970709:  NJP for violation of UCMJ, Article 121: On or about 970705, at the MCX aboard MCAS CHERPT NC, SNM did wrongfully steal two (2) Sony Playstation Compact Discs, valued at approximately $92.00.
         Award: Forfeiture of $450.00 per month for 2 months (suspended for 6 months), 30 days confinement to correctional custody unit aboard MCB CAMLEJ NC, reduction to E-1. Not appealed.

980122:  NJP for violation of UCMJ, Article 92: Failure to obey or regulation.
         Award: Forfeiture of $463.00 per month for 2 months (suspended for 6 months), restriction for 15 days, extra duty for 45 days. Not appealed.

980130:  Acknowledged understanding of eligibility but not recommended for promotion to PFC due to a suspended sentence of NJP held on 980122 IAW MCOP1400.32B Par 1204.3k unless waived by appropriate authority. Applicant chose not to make a statement.

980304:  Counseling: Advised of deficiencies in performance and conduct (Failure to obey a base order by not maintaining car insurance and my overall financial irresponsibility), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

980429:  Forfeiture of $463.00 per month for 2 months from the NJP held on 980122 is hereby remitted without further action.

980903:  NJP for violation of UCMJ, Article 86: SNM did absent himself from appointed place of duty on or about 980901 at 0700.
 Violation of UCMJ Article 86: SNM did absent himself from appointed place of duty on or about 980902 at 0545 in that SNM was UA from PT.
Violation of UCMJ Article 91: Insubordinate conduct towards SNCO, in that SNM lied to SSgt G_ that he was at the GAS for his appointment on 980901.
         Award: Forfeiture of $463.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. Not appealed.

980908:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of misconduct due to pattern of misconduct. The factual basis for this recommendation was your misconduct as evidenced by page 11 entries and nonjudicial punishments.
980908:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.

NO DATE:         Commanding Officer, Marine Wing Support Squadron 271 recommended Applicant’s discharge under other than honorable conditions by reason of misconduct due to pattern of misconduct.

981006:  SJA review determined the case sufficient in law and fact [Extracted from Commander’s 2d Marine Aircraft Wing letter dtd 981006].

981006:  GCMCA, Commander, 2d Marine Aircraft Wing, directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

         Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19981008 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 the service of a member of the U.S. Marine Corps 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. The Applicant was given 3 retention warnings, and his service was marred by 3 nonjudicial punishment proceedings for violations of Articles 86, 91, 92 and 121 of the UCMJ. Violations of UCMJ Articles 91 and 92 are considered serious offenses. 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 U.S. Marine Corps and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

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 P1900.16E), 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 91, insubordinate conduct toward noncommissioned officer, and/or UCMJ, Article 92, failure to obey 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 .

E. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs .

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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