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USMC | DRB | 2005_Marine | MD0501224
Original file (MD0501224.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. MD05-01224

Applicant’s Request
The application for discharge review was received on 20050712. 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 20060302. 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:

“I am requesting an upgrade for the reason Re-enlisting into the United States Marine Corps, To Help Fight the War on Terror. I requested the discharge from the Marine Corps, I was young and didn’t not know the reproductions of my actions at that time. I am asking for a second chance to defend my Country. I am not able to do that with the reentry Code of RE-4 from my DD214.

I may have made some mistakes in the Marine Corps with my finances, but I feel that if I would not have asked for a discharge, and just asked for a unit transfer, I would have made a Good Marine. But the Continued actions of my Command opening my mail, and writing me up for every time I got a bill. Got Old, and for some one as young as I was. I did not ask for the Proper Help. I ran away. Now I am asking for a second chance. to not only make myself feel better, but Do for my Country as my Father and Grand Father did. Thank you for your time.
G_ G_(Applicant)”
(Applicant social security number and mailing address deleted)

Additional issues provided by the Applicant in an attached letter, dated Jun 29, 2005, not signed:

“To Whom It May Concern:
My Name is G_ G_(Applicant), I am writing you to Petition for not only a discharge upgrade, but also a re-enlistment code Upgrade, My ultimate Goal is to Re-enlist in the United States Marine Corps. To fight the ward on Terror, defend my Country and my Freedom. I was young and irresponsible when I was Active Duty Marine. And instead of Growing up, I decided to request the discharge and get out and run home. I know now more than every that was a Mistake a Mistake that I would like to fix, by re-enlisting. I thank you for you time.
R/S

G_ G_(Applicant)
(social security number deleted)”

 Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Army National Guard Retirement Points History Statement, dtd June 25, 2002
Applicant’s Report of Separation and Record of Service from the Army National Guard      of California, dtd June 14, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19920313 - 19920621      COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 19920622             Date of Discharge: 19950111

 Length of Service (years, months, days):

 Active: 02 06 20
          Inactive: None

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

 Age at Entry: 18

 Years Contracted: 4

 Education Level: 12                                 AFQT: 42

 Highest Rank: LCpl                                  MOS: 0311

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.8 (7)                                Conduct: 3.6 (7)

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


Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNDER OTHER THAN HONORABLE CONDITIONS/INVOL DIS (BOARD WAIVED) (PATTERN OF MISCONDUCT), authority: MARCORSEPMAN Par. 6210.3.

 Chronological Listing of Significant Service Events :

930426:  Counseling: Advised of deficiencies in performance and conduct (Specifically loss of government property due to lack of proper security; to wit: Stolen ID card, rifle card and meal card.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

930714:  Counseling: Advised of deficiencies in performance and conduct (Specifically SNM delinquent in paying home layaway plan as of 930622 account #243 555 total amount owed is #186.34 this payment.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

930715:  Acknowledged understanding of eligibility but not recommended for promotion to LCpl for the month of Aug 1993 because of financial irresponsibility. Applicant chose not to make a statement.

930815:  Acknowledged understanding of eligibility but not recommended for promotion to LCpl for the month of Sep 1993 because of financial irresponsibility & immaturity. Applicant chose not to make a statement.

930915:  Acknowledged understanding of eligibility but not recommended for promotion to LCpl for the month of Oct 1993 because of financial problems. Applicant chose not to make a statement.

931022:  Acknowledged understanding of eligibility but not recommended for promotion to LCpl for the month of November because of financial irresponsibility. Applicant chose not to make a statement.

931124:  Counseling: Advised of deficiencies in performance and conduct (Indebtedness on four accounts.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940311:  NJP for violation of UCMJ, Article 134: In that LCpl G_(Applicant), being indebted to Windward Community Federal Credit Union in the sum of $223.66 for services, which amount became payable on or about 940228, did, from 931209 to 940307, dishonorably fail to pay said debt.
 Art 134: In that LCpl G_(Applicant), being indebted to the Consumer Adjustment Corporation in the sum of $208.90 for a necklace, which amount became due and payable on or about 940223, did from 9310 to 940223, dishonorably fail to pay said debt.
          Award: Forfeiture of $226 per month for 1 month, restriction and extra duty for 14 days. Forfeiture suspended for 6 months. Not appealed.

940427:  Counseling: Advised of deficiencies in performance and conduct (Specifically continued indebtedness and failure to meet financial obligations.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940627:  Forfeiture of pay awarded at NJP on 940311 vacated.

940810:  Summary Court-Martial.
         Charge: violation of the UCMJ, Article 121:
         Specification: SNM, on or about 940603, on the island of Oahu, HI, did, wrongfully appropriate (1) Meal Card, of some value, the property of the U.S. Government.
          Finding: to Charge and the specification thereunder, guilty.
          Sentence: Restriction for 10 days.
         CA action 940810: Sentence approved and ordered executed.

941110:  NJP for violation of UCMJ, Article 123a: In that LCpl G_, did, at the “Inn on the Park” hotel, Honolulu, HI, on or about 940911, wrongfully and unlawfully write two (2) checks for a total amount of $159.67 dollars US, then knowing that he did not have sufficient funds in or credit with Navy Federal Credit Union in his account for payment.
         Award: Forfeiture of $466.00 per month for 2 months, restriction for 60 days, reduction to PFC/E-2. Forfeiture suspended for 6 months. Not appealed.

941114:  Commanding Officer, Company C, 1st Battalion, 3d Marines recommended to Commanding Officer, 1st Battalion, 3d Marines Applicant’s discharge under other than honorable conditions by reason of a pattern of misconduct. Commanding Officer’s comments: “Private First Class G_(Applicant) is unquestionably the least responsible Marine I have encountered in seventeen months as a Company Commander. His record of indebtedness is well documented and his ongoing willingness to enter into financial obligations while knowing full well that he cannot honor his portion of the contract places him in the category of a thief.
         During the battalion’s last deployment to Okinawa, I was forced to assign a sergeant to conduct all of Private First Class G_(Applicant)’s financial transactions to prevent an already disastrous personal financial situation from getting worse. His deceitful nature carries over into all facets of his “service”, as evidenced by his conviction by a Summary Court-Martial for possessing unauthorized meal cards.
 It is clear through numerous negative entries in his Service Record Book as well as two nonjudicial punishments and a court martial conviction that Private First Class G_(Applicant) has no desire to serve responsibly. He is a constant drag on the leadership of this Company since he requires total supervision to accomplish the most menial tasks. Innumerable counselings by leaders ranging from his Fire Team Leader to myself have met with no success in correcting his numerous deficiencies. It is therefore requested that Private First Class G_(Applicant) be administratively discharged as expeditiously as possible.”
941202:  Applicant notified of intended recommendation for discharge by reason of misconduct due to a pattern of misconduct with a characterization of service of under other than honorable conditions. The Applicant was also notified that the least favorable characterization of service that he could receive was an other than honorable discharge.

941206:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

941206:  Commanding Officer, 1 st Battalion, 3d Marines, Marine Corps Base Hawaii, recommended to Commanding General, Marine Corps Base Hawaii, that the Applicant be discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. The factual basis for this recommendation was respondent’s numerous derogatory counseling entries, two nonjudicial punishments, and summary court-martial conviction.

941215:  Commanding Officer, 3d Marines (Rein) forwarded the recommendation of the Commanding Officer, 1 st Battalion, 3d Marines, that the Applicant be discharged under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

941228:  SJA review determined the case sufficient in law and fact.

941228:  GCMCA, Commander, Marine Corps Base Hawaii 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 19950111 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. T he Applicant’s service was marred by 2 nonjudicial punishment proceedings for violations of Articles 123a (checks, insufficient funds) and 134 (2 specifications of debt, dishonorably failing to pay) of the UCMJ, and the Applicant plead guilty at a summary court-martial to violation of UCMJ Article 121 (wrongful appropriation). Further, the Applicant received 4 retention warnings, was not recommended for promotion on 4 occasions, and had a suspended nonjudicial punishment vacated due to continued misconduct. 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 contends that his problems in the Marine Corps can be attributed to his youth and immaturity and that he failed to seek the proper assistance. While he may feel that these factors were the underlying cause of his misconduct, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service. The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge proper and equitable. Specifically, the Applicant stated “the continued actions of my command opening my mail, and writing me up for every time I got a bill” lead to his other than honorable discharge. The record, however, contains no evidence of any wrongdoing by the Applicant’s command or anyone involved in the administrative discharge process. Relief denied.





Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code. Reenlistment policy of the Marine Corps is promulgated by the Commandant, United States Marine Corps, Code MMEA, 3280 Russell Road, Quantico, VA 22134. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

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 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 123a, checks, insufficient funds, and Article 134, debt, dishonorably failing to pay.
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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