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USMC | DRB | 2006_Marine | MD0600023
Original file (MD0600023.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. MD06-00023

Applicant’s Request
The application for discharge review was received on 20050928. 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 20060830 . 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:

“I understand that my actions were bad, but I believe I’ve matured and are currently in college & supporting a family and wish to upgrade. I believe that the Marine Corps was not the career for me and I’m doing very well in the civilian world.”

 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)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20010919 - 20010924      COG
          Active: None

 Period of Service Under Review :
Date of Enlistment: 20010925             Date of Discharge: 20020806

 Length of Service (years, months, days):

 Active: 00 10 12 (Does not exclude lost time.)
          Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 131 days
         Confinement:              None

 Age at Entry: 19

 Years Contracted: 4

 Education Level: 12                                 AFQT: 43

 Highest Rank: PFC                                   MOS: 9900

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3. 7 (3)                                 Conduct: 2. 5 (4)

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle Expert Badge .


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 :

020122:  Applicant to unauthorized absence at 1501 on 020122.

020222:  Applicant declared a deserter.

020603:  Applicant from unauthorized absence at 0235 on 020603 (131 days/surrendered).

020620:  Counseling: Advised of deficiencies in performance and conduct (Viol of Art. 86 of the UCMJ.), necessary corrective actions explained, sources of assistance provided, and advised being processed for administrative discharge action.
020621:  NJP for violation of UCMJ, Article 86: In that Private F_(Applicant), C_ G., U.S. Marine Corps, did, at 1501, 22 Jan 02, without authority, absent himself from her appointed place of duty at which she was required to be, to wit: Student Admin Company, Headquarters Support Battalion, School of Infantry, Training Command, Camp Lejeune, and did remain so absent until 0235, 03 Jun 02.
         Award: Forfeiture of $552 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. Not appealed.

020702:  Applicant notified of intended recommendation for discharge with a characterization of service of other than honorable by reason of misconduct due to a commission of a serious offense. The factual basis for this recommendation was your unauthorized absence from 22 Jan 02 to 03 Jun 02, a violation of Article 86. Applicant notified that the least favorable characterization of service she may receive is other than honorable.

020702:  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.

 020709:  Commanding Officer, Headquarters and Support Battalion, School of Infantry, Training Command, Camp Lejeune, NC via Commanding Officer, School of Infantry, Training Command, Camp Lejeune recommended Applicant’s discharge under other than honorable conditions by reason of misconduct due to a commission of a serious offense . Commanding Officer’s comments: “Pvt F_(Applicant) has demonstrated a blatant disregard for rules and regulations that govern the good order and discipline of the Marine Corps. Pvt F_(Applicant) has shown a definite lack of Honor, Courage and Commitment. She has proven to me that s he does not possess the discipline for continued service in the Marine Corps.”
020715:  Applicant found qualified for separation from active duty.

020717:  Applicant’s statement.

020725:  SJA review determined the case sufficient in law and fact.

020731:  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 commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020806 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 a nd D).

When a Marine’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. Characterization of service as under other than honorable conditions 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. There is irrefutable evidence that the Applicant’s conduct during her time in the Marine Corps was not honorable. Indeed, the Applicant’s records contain n o njudicial punishment proceedings on 20020621 for violation of UCMJ Article 86 Unauthorized absence. The Applicant remained absent from her unit for 131 days. Violation of Article 86 is a serious offense for which a punitive discharge is authorized under Appendix 12 of the Manual for Courts-Martial (B) and typically warrants a characterization of service as under other than honorable conditions. The Applicant’s conduct, which forms the primary basis for determining the character of her service, falls well below that required for a general characterization of service. An upgrade would be inappropriate; therefore relief is denied.

The Applicant contends that her discharge was inequitable because of her youth and immaturity at the time of service. The NDRB recognizes that serving in the U.S. 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. Most servicemembers begin their service at a relatively young age. It must be noted that despite their relative youth and immaturity, the vast majority of these members still serve honorably and therefore earn their honorable discharges. In fairness to those members, commanders and separation authorities are tasked to ensure that undeserving Marines receive no higher characterization than is due. The Board found that the Applicant's service was equitably characterized. Relief denied.

The Applicant informs the Board that she is currently in college and supporting a family. The Applicant is advised that the Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits or enhancing employment and educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. Since these issues do not serve to provide a foundation upon which the Board can grant relief, relief on this basis 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 post-service accomplishments or any other evidence related to the 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 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 8 6, 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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