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USMC | DRB | 2005_Marine | MD0501397
Original file (MD0501397.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. MD05-01397

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. 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 20060524. 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 the commission of a serious offense.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as stated

Applicant’s issues, as stated on the application:

“My discharge is a result of me not being able to cope with inappropriate actions from male soldiers after dealing with a rape case while in the military. I now understand through counseling that I could have received help in the military had I known more about their benefits, which would have prevented me from getting a Misconduct Discharge.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from Dr. M_ D_, Psychologist at Peachtree Psychotherapy, PC, dtd August 2, 2005
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20020126 - 20020224      COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 20020225             Date of Discharge: 20030627

 Length of Service (years, months, days):

 Active: 01 04 03 (Does not exclude lost time.)
          Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 280 days
         Confinement:              None

 Age at Entry: 19

 Years Contracted: 4

 Education Level: 12                                 AFQT: 53

 Highest Rank: PFC                                   MOS: 9971

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.0 (4)                                Conduct: 3.1 (5)

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


Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.6.

 Chronological Listing of Significant Service Events :

020903:  Applicant to unauthorized absence at 0730 on 020903.

021003:  Applicant declared a deserter.

030610:  Applicant from unauthorized absence at 0825 on 030610 (280 days/surrendered).

030610:  Applicant’s statement.

030612:  NJP for violation of UCMJ, Article 86: Did on or about 3 Sept 02, absent herself from her unit, SScol, MCCSSS, TrngCmd, PSC BOX 20041, Camp Lejeune, NC and did remain so absent until on or about 10 June 03.
         Award: Forfeiture of $500.00 per month for 2 months, reduction to E-1. Forfeiture suspended for 6 months. Not appealed.

030612:  Applicant notified of intended recommendation for discharge by reason of misconduct due to commission of a serious offense with a characterization of service as under other than honorable conditions. The basis for this recommendation is the Applicant’s unauthorized absence from 3 September 2002 to 10 June 2003 resulting in the Applicant being declared a deserter.

030612:  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.

030618:  Commanding Officer, Headquarters and Support Battalion, Marine Corps Base, Camp Lejeune, NC recommended Applicant’s discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense. The factual basis for this recommendation was unauthorized absence from 3 September 2002 to 10 June 2003, a violation of Article 86, Uniform Code of Military Justice.

030626:  SJA review determined the case sufficient in law and fact.

030626:  GCMCA, Commander, Marine Corps Base, Camp Lejeune, NC directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to a commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030627 by reason of misconduct due to the commission of a serious offense (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 that her problems in the Marine Corps can be attributed to her inability to cope with the “inappropriate actions” of other Marines. While she may feel that this was the underlying cause of her misconduct, the record clearly reflects her willful misconduct and demonstrated that she was unfit for further service. The evidence of record did not show that the Applicant was either not responsible for her conduct or that she should not be held accountable for her actions. Relief denied.

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’s service was marred by a nonjudicial punishment proceeding for a violation of Articles 86 (unauthorized absence for 280 days) of the UCMJ. The UCMJ considers unauthorized absence for more than 30 days to be a serious offense. The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her willful failure to meet the requirements of her contract with the U.S. Marine Corps and falls far short of that required for an upgrade of her 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 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 P1900.16E), 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.

 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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