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USMC | DRB | 2005_Marine | MD0501155

Original file (MD0501155.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. MD05-01155

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 honorable. 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 20060224. 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 separation in lieu of trial by court-martial.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“Greetings to the board and thanks for the oppurtunity to consider my request. My records will show that I’d been overseas for ship duty for a 6 month period. Because of the war our uinit was extended 3 more months. After returning to the states within a 90 day period i was told to report for another 6 months rotation overseas. During this period the pressure on myself and family was unbearable. My decision to accept a general discharge was based on the idea that my family was going through a great ordeal during that 9 months away from home. In my mjind to do another 6 month tour in such a short period of time was too much to keep my marriage together. Thank you again for the oppurtunity and consideration.”

Documentation

Only the service record book and medical record 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):

         Inactive: USMCR (DEP)    19890111 - 19890403      COG
         Active: None

Period of Service Under Review :

Date of Enlistment: 19890404             Date of Discharge: 19940204

Length of Service (years, months, days):

Active: 04 10 01 (Does not exclude lost time.)
         Inactive: None

Time Lost During This Period (days):

         Unauthorized absence: 483 days
         Confinement:              None

Age at Entry: 19

Years Contracted: 4

Education Level: 12                                 AFQT: 37

Highest Rank: LCpl                                  MOS: 0311

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency: 4.0 (9)                                Conduct: 3.7 (9)

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle Sharpshooter Badge, Sea Service Deployment Ribbon, National Defense Service Medal, Navy Unit Commendation, Southwest Asia Service Medal (W/2*)

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

UNDER OTHER THAN HONORABLE CONDITIONS/Conduct triable by courts-martial (request for discharge for the good of the service), authority: MARCORSEPMAN Par. 6419

Chronological Listing of Significant Service Events :

890110: Applicant briefed on and certified understanding of Marine Corps policy concerning illegal use of drugs.

890404: Pre-service, CG Level waiver granted.

900514: NJP for violation of UCMJ, Article 86: In that LCpl W_, did, on or about 0530, 900326, without authority absent himself from his appointed place of duty, to wit: C Co, BLT 1/4, 13 ^th MEU, and did remain absent until 0815, 900326.
         Award: Forfeiture of $150.00 per month for 1 month, restriction and extra duty for 14 days. Forfeiture suspended for 3 months. Not appealed.

900514: Counseling: Advised of deficiencies in performance and conduct (Being relieved as Fire Tm Ldr due to the failure to be at the designated place, thus not upholding the standards expected from a Fire Tm Ldr.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

900901: Acknowledged understanding of eligibility but not recommended for promotion to Cpl for the month of September because of lack of maturity, and insufficient desire to grow and seek responsibility. Applicant chose not to make a statement.

901215: Acknowledged understanding of eligibility but not recommended for promotion to Cpl for the month of January because of inconsistent performance and failure to show significant strides in development. Applicant chose not to make a statement.

910819: NJP for violation of UCMJ, Article 86: In that LCpl W_, did, on or about 1025, 910810, without authority, absent himself from his appointed place of duty, to wit: 53 Area Guard Shack, and did remain so absent until he was brought back by PMO at 0002, 910810.
Violation of UCMJ, Article 92: In that LCpl W_, did, on or about 0002, 910810, was derelict in the performance of his duties by not being able to stand his post due to overindulgence in intoxicating alcohol, to wit: violated Guard orders by consuming alcohol 8 hrs prior to his standing guard.
         Award: Forfeiture of $204.00 per month for 1 month, restriction and extra duty for 14 days. Forfeiture suspended for 3 months. Not appealed.

911206: Counseling: Advised of deficiencies in performance and conduct (Frequent involvement with military authorities, pattern of misconduct and or unsatisfactory performance.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920116: NJP for violation of UCMJ, Article 112a: In that LCpl W_, did, on or before 910930, wrongfully use a controlled substance, to wit: SNM tested positive for THC.
         Award: Forfeiture of $400.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. Not appealed.

920125: Applicant to unauthorized absence at 1300 on 920125.

920127: Applicant from unauthorized absence at 0730 on 920127 (1 days/surrendered).

920526: Applicant to unauthorized absence at 0700 on 920526.

920528: Applicant declared a deserter as of 0801, 920528.

930921: Applicant from unauthorized absence at 1000 on 930921 (482 days/surrendered).

931207: Charges preferred to special court-martial for violation of the Uniform Code of Military Justice (UCMJ) Article 86: Specification 1: In that Private First Class K_ N. W_, U.S. Marine Corps, on active duty, did, on or about 25 January 1992, without authority, absent himself from his organization, to wit: 1 ^st Battalion, 4 ^th Marines, 1 ^st Marine Division (Rein), Fleet Marine Force, located at Marine Corps Base, Camp Pendleton, California, and did remain so absent until on or about 27 January 1992. Specification 2: In that Private First Class K_ N. W_, U.S. Marine Corps, on active duty, did, on or about 26 May 1992, without authority, absent himself from his organization, to wit: 1 ^st Battalion, 4 ^th Marines, 1 ^st Marine Division (Rein), Fleet Marine Force, located at Marine Corps Base, Camp Pendleton, California, and did remain so absent until on or about 21 September 1993.

931220: Applicant, having consulted with counsel certified under UCMJ Art 27b, requested discharge for the good of the service to escape trial by court- martial. In the request the Applicant noted that his counsel had fully explained the elements of the offenses for which he was charged and that he understood the elements of the offenses. He further certified a complete understanding of the negative consequences of his actions and that characterization of service would be under other honorable conditions. The Applicant admitted guilt to the following: Charge I: Violation of the Uniform Code of Military Justice, Article 86: Specification 1: In that Private First Class K_ N. W_, U.S. Marine Corps, on active duty, did, on or about 25 January 1992, without authority, absent himself from his organization, to wit: 1 ^st Battalion, 4 ^th Marines, 1 ^st Marine Division (Rein), Fleet Marine Force, located at Marine Corps Base, Camp Pendleton, California, and did remain so absent until on or about 27 January 1992.
         Specification 2: In that Private First Class K_ N. W_, U.S. Marine Corps, on active duty, did, on or about 26 May 1992, without authority, absent himself from his organization, to wit: 1 ^st Battalion, 4 ^th Marines, 1 ^st Marine Division (Rein), Fleet Marine Force, located at Marine Corps Base, Camp Pendleton, California, and did remain so absent until on or about 21 September 1993.

940111: SJA review determined the case sufficient in law and fact.

940114: GCMCA, Commander, 1 ^st Marine Expeditionary Brigade, directed the Applicant's discharge under other than honorable conditions by reason of separation in lieu of trial by court-martial.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19940204 in lieu of trial by court-martial (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).

The Applicant contends his disciplinary problems were the result of a stressful family situation caused by frequent military deployments. The NDRB recognizes that serving in the Marine Corps is challenging. Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country. It must be noted that most members of the Marine Corps serve honorably and therefore earn their honorable discharges. In fairness to those members of the Marine Corps, commanders and separation authorities are tasked to ensure that undeserving Marines receive no higher characterization than is due. The NDRB found that the Applicant's service was equitably characterized. Relief denied.

In a signed statement, the Applicant requested an administrative discharge under other than honorable conditions in lieu of a trial by court-martial. He consulted with counsel and was fully advised of the implications of his request. The Applicant understood that if discharged under other than honorable conditions, it might deprive him of virtually all veterans' benefits based upon his current enlistment, and that he might expect to encounter substantial prejudice in civilian life in situations wherein the type of service rendered or the character of discharge received therefrom may have a bearing. The Applicant stated he understood the elements of the offenses with which he was charged. He admitted he was guilty of violating Article 86, 2 specifications of unauthorized absence for a total of 483 days.

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 additional evidence related to this discharge. Representation at a personal appearance hearing is recommended but not required.

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 86, unauthorized absence for more than 30 days, and Article 112a, wrongful use, possession, of controlled substances.

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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USMC | DRB | 2005_Marine | MD0501155

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