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USMC | DRB | 2005_Marine | MD0501382
Original file (MD0501382.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. MD05-01382

Applicant’s Request
The application for discharge review was received on 20050809. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “RE-1.” The Applicant requests a documentary record discharge review. The Applicant designated the American Legion as the representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20060427. After a thorough review of the available 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 and reason for 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 have been a good citizen since discharge My ability to serve was impaired by my youth and immaturity I have had a clean police record since time of discharge.

 To the President of the DRB,

My name is J_ M_ C_(Applicant), I realize your time is valuable so I’ll make this as brief as possible. I was in the Marine Corps for 7 months and I received my DD 214 February 2004 due to me going UA. When I first joined the USMC I was only joining for the Glory and Honor of being called a Marine. I went to basic training at Paris Island, SC, June 16, 2003; only 2 weeks after my High School Graduation. I was young and immature at that time and didn’t know the serious commitment I was getting myself into. I wasn’t ready for it. All I could think of was hanging out with my friends, partying, and having fun. So when I got to my MOS School I went UA and got discharged. Now being out for over a year I’ve realized I was better off in the Marine Corps. Nothing has changed, I’m always working and I don’t hang out with the friends that I missed so much, because they want to waste their life away on drugs and dead end jobs. When I first returned, my parents would not let me live with them, so I had to go out and support myself. In doing so I realized I have more important things to do than party and goof off, I have to put bread on the table. I am writing to you to please review my discharge and upgrade it to something higher than General with Other Than Honorable Conditions and my Re Entry Code to RE-1. I have grown up a lot since my time in the U.S. Armed Forces, and I realize what I did was stupid and wrong of me to do. I was just a kid though when I first joined, I didn’t know what I was getting myself into. I would like the opportunity to possibly even rejoin the U.S. Armed Forces to regain my Honor and to prove to myself, my father (a retired SSGT USMC), and the rest of the Country that I am worth something and I can do my duty like I was suppose to do when I was in the Military in the first place. Now currently everything has been worked out with my parents and I work for them as a Data Processor at Century 21 AlA Realty. I was thinking about getting my Realtors License but if I could get my discharge upgraded I may rejoin the Military instead. Thank you for your time Mr. President.

Sincerely,
 [signed]
 J_ C_(Applicant)”

The Applicant’s representative submitted no issues for consideration.


 Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 1 and 4)
VA Form 21-22, dtd April 13, 2005
Letter from Veteran’s Service Office (records check), dtd August 30, 2004
Letter from Q_ S_, Realtor, dtd April 22, 2005
Character Reference ltr from C_ D. F_, dtd April 26, 2005
Character Reference ltr from B_ H_, Office Manager Century 21, dtd April 26, 2005
Character Reference ltr from B_ B_, Realtor, Century 21, dtd April 25, 2005
Character Reference ltr from N_ H_. Realtor, dtd April 25, 2005
Character Reference ltr from R_ S_, dtd April 27, 2005
Character Reference ltr from A_ W_, dtd April 21, 2005
Character Reference ltr from K_ F. V_, Ancient City Mortgage, dtd April 27, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20020618 - 20030615      COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 20030616             Date of Discharge: 20040123

 Length of Service (years, months, days):

 Active: 00 05 17 (excludes lost time)
          Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 51 days
         Confinement:              None

 Age at Entry: 18

 Years Contracted: 4

 Education Level: 12                                 AFQT: 59

 Highest Rank: PFC                                   MOS: 9900

 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): Sharpshooter Rifle Badge, National Defense Service Medal

*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 :

030924:  Applicant admitted to Ward 4A Naval Hospital Camp Lejeune, NC as a result of a suicide gesture on 030923.

030929:  Applicant released from Ward 4A Naval Hospital Camp Lejeune, NC.
         Discharge diagnoses: AXIS I: Obsessive-Compulsive disorder, Social phobia. AXIS II: No Diagnosis. AXIS III: Non-contributor. AXIS IV: Routine Military Service. AXIS V: Admission GAF: 41-45. Discharge GAF: 51-55.

031005:  Applicant to unauthorized absence at 1630 on 031005.

031026:  Applicant from unauthorized absence at 0935 on 031026 (20 days).

031028:  Applicant to unauthorized absence at 2030 on 031028.

031127:  Applicant from unauthorized absence at 0910 on 031127 (31 days).

031215:  NJP for violation of UCMJ, Article 86: In that Private First Class C_, J_ M.(Applicant), U.S. Marine Corps, did, on or about 1630, 05 Oct 03, without authority, absent himself from his appointed place of duty, at which he was required to be, to wit: Student Administration Company, Headquarters Support Battalion, School of Infantry, Training Command, Camp Lejeune, and did remain so absent until on or about 0935, 26 Oct 03
 Violation of UCMJ, Article 86: In that Private First Class C_, J_ M. (Applicant), U.S. Marine Corps, did, on or about 2030, 28 Oct 03, without authority, absent himself from his appointed place of duty, at which he was required to be, to wit: Student Administration Company, Headquarters Support Battalion, School of Infantry, Training Command, Camp Lejeune, and did remain so absent until on or about 0910, 27 Nov 03.
         Award: Forfeiture of $575 per month for 2 months, restriction for 60 days, reduction to E-1. Not appealed.

031222:  Applicant found medically qualified for separation.

031223:  NJP for violation of UCMJ, Article 92: In that Private C_, J_ M.(Applicant), U.S. Marine Corps, Student Administration Company, Headquarters Support Battalion, School of Infantry, Training Command, Camp Lejeune, having received a lawful order from Sergeant W_, a noncommissioned officer, and then known by the said Private C_(Applicant) to be a noncommissioned officer, to wit: “Return to training”, or words to that effect, did, on or about 0835, 16 Dec 03, fail to obey the same by refusing to train.
         Award: Forfeiture of $575 per month for 2 months, restriction for 60 days. Not appealed.

040112:  Applicant to voluntary leave waiting review of administrative separation.

040121:  SJA review determined the case sufficient in law and fact.

xxxxxx:  GCMCA, Commanding General, Marine Corps Base, Camp Lejeune, NC directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. [undated]

040123:  DD Form 214: Applicant discharged under other than honorable conditions by reason of misconduct due to a pattern of misconduct; authority: MARCORSEPMAN Par. 6210.3.


Service Record Book contains a partial Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20040123 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 available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D). The Board presumed regularity in the conduct of governmental affairs (E).

 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 two nonjudicial punishment proceedings for violations of Articles 86 and 92 of the UCMJ. The Applicant committed violations of Articles 86 and 92 of the UCMJ which 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 Marine Corps and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

 The Applicant states, “I was young and immature at the time and didn’t know the serious commitment I was getting myself into.” While he may feel that immaturity was 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.

The Applicant requests that his narrative reason for discharge be changed to “RE-1.” The summary of service clearly documents that misconduct due to a pattern of misconduct was the reason why the Applicant was discharged. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. In the Applicant’s case, the Board could discern no impropriety or inequity and therefore consider his discharge proper and equitable. Relief denied.

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. The Applicant provided a record check and employment/character references as proof of his post-service conduct. The Applicant’s efforts need to be more encompassing. Examples of additional documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records and documentation of community service. As of this time, the Applicant has not provided sufficient post-service documentation for the Board to consider. Relief denied.

The following is included for the edification of the Applicant. 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. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

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 P1900.16F), effective 01 Sep 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 or 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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