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USMC | DRB | 2006_Marine | MD0600169
Original file (MD0600169.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. MD06-00169

Applicant’s Request
The application for discharge review was received on 20051103 . 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 20060908 . 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 as a bad conduct discharge by reason of court-marital.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:
“ I made a huge mistake when I was in the Marine Corps. I went U.A. But the reason I went U.A. was that my family was in trouble with financial situations and at the time I was the main source of income. I went through the chaplain, my chain of command to get home on leave or even a hardship discharge. But they wouldn’t approve they leave or grant me a discharge. So I decided at the time to take it on myself to leave and go help my family. I know now that it was a mistake to do that and I would regret it for the rest of my life and I do. I would like to get my discharge upgraded so I could prove myself, my family and friends and even the service that it was a mistake and I am able to serve my country and do whatever I need to do. I hope that you would consider this and this will be on a positive note. Thank you .”
Documentation
Only the service record book and medical record was 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)    19970722 – 19970803                COG
          Active: None

 Period of Service Under Review :
Date of Enlistment: 19970804              Date of Discharge: 19990813

Length of Service (years, months, days):

 Active: 0 2 0 0 1 0 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 3 24 day s
         Confinement:              30 day s

Age at Entry: 1 9

Years Contracted: 4

Education Level: 12                                 AFQT: 42

Highest Rank: PFC                                    MOS: 0311

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3 .0 ( 6 )                       Conduct: 2 . 9 ( 6 )
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle Sharpshooter Badge


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

 BAD CONDUCT DISCHARGE/COURT-MARTIAL, authority: MARCORSEPMAN Par. 1105.

 Chronological Listing of Significant Service Events :

970222:  Enlistment waiver granted by BUMED for hearing loss in left ear.

980128:  CP Mental Health Consult. Reason for request: 19 yo male with 1 year history of occasional suicidal ideation. Patient [Applicant] discovered his fiancée 2 years ago after she shot herself in the head. Never received any counseling. Patient [Applicant] displays some magical thinking – feels that he is able to see and hear people who are dead. Occasional auditory/visual hallucinations. Patient [Applicant] currently not suicidal, but is depressed and desires counseling. Please evaluate. Provisional diagnosis: Adjustment disorder with depressed mood.

980202:  Counseling: Advised of deficiencies in performance and conduct (SNM was UA from vehicle P.M. on 980123. SNM was ordered by company driver Cpl T_ to remain at company office until Cpl T_ returned. When Cpl T_ left SNM ignored the order and proceeded to leave on liberty),
 necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
980212:  Mental Health, Naval Hospital, Camp Pendleton. This 19 year old AD, USMC male with 8 months of military service was referred by Dr. H_ for an evaluation of Adjustment Disorder with depressed mood. Patient [Applicant] with 2 year history SI in the absence of depressive sxs. He had one attempt to choke himself a couple of weeks ago. He was able to contract convincingly for safety.
         Axis I: deferred
         Axis II: Borderline Traits
         Axis III: None Known
         Currently the patient is not a danger to self or others. Recommendation: psychotherapy for a total of 7 sessions over 8-15 weeks to resolve SI irrational thoughts through cognitive therapy. Return to clinic. No weapons handling.

 980323 :  NJP for violation of UCMJ, Article 121 : In that SNM did, at Echo Co barracks, on or about 980308, steal, of a value of about $21.00, the property of PFC A_ his roommate.
Award: Forfeiture of $ 242. 00 pay per month for 1 month, restriction and extra duty for 14 days. Not appealed.

980331:  Mental Health Clinic, Naval Hospital, Camp Pendleton.
         Diagnosis: Borderline Personality Disorder.
1.       History of suicidal ideation
2.       No potential for further useful military service\par
Disposition: Referral for Administrative Separation
Member has a Personality Disorder of such severity to render him unsuitable for further military service. Recommend separation in accordance with Marine Corps Separation and Retirement Manual, Chapter 6, 6203 Par 3 (Convenience of the Government). Member has a medical certification in the health record with an established diagnosis of personality disorder. This condition does not require evaluation by a Medical Board. Member has incurred no injury and has no defect aggravated by active military service.
980403:  Applicant to unauthorized absence at 0700 on 980403.

 980504 :  Applicant declared a deserter as of 0700, 980 504 .
980604:  Applicant from unauthorized absence at 1800 on 980604 (61 days/surrendered).

980611:  Counseling: Advised of deficiencies in performance and conduct (My poor physical fitness), necessary corrective actions explained, sources of assistance provided , disciplinary and discharge warning issued .
980622:  53 Area Branch Medical Clinic, Camp Pendleton. Physical examination for confinement. Patient [Applicant] responded “yes” to the question “any thoughts of injuring yourself.” Mental health consult diagnoses borderline personality disorder (suicidal ideation).
980722:  Special Court Martial.
         Charge I: violation of the UCMJ, Article 86.
          Specification: Unauthorized absence 980403 - 980602, [6 0 days/S.]
          Plea: Guilty. Findings: Guilty.
         Sentence: Confinement for 1 month, forfeiture of $617.00 pay per month for 1 month, reduction to E-1, Bad Conduct discharge.
         CA 980722: The sentence approved and ordered executed. The accused will be credited 30 days against confinement.
        
980812:  Applicant to unauthorized absence at 0700 on 980812.

 980 914 :  Applicant declared a deserter as of 0700, 980 9 1 1 .
990316 :  NMCCCA: Affirmed findings and sentence.

990505:  Applicant from unauthorized absence at 1404 on 990505 (264 days/apprehended).

990610 :  Appellate review complete.
990716 :  SSPCMO: Article 71c, UCMJ, having been complied with, Bad Conduct discharge ordered executed.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19990813 with a bad conduct discharge which was the sentence adjudged by a properly convened special court-martial. That sentence was subsequently approved by both the convening and appellate review authorities (A and B). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the Applicant’s issues were insufficient to merit clemency (C).

In response to the Applicant’s issue, relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts. With respect to a discharge adjudged by a court-martial case, the action of the NDRB is restricted to upgrades based on clemency. Clemency is an act of leniency that reduces the severity of the punishment imposed. After a thorough review of the Applicant’s record, issues submitted, and post service accomplishments, the Board determined that clemency was not warranted and that the sentence awarded the Applicant at his court-martial was appropriate for the offenses he committed. Relief denied.

The Applicant contends his unauthorized absence was the result of stress caused by his family situation. 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. 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 and no clemency is warranted. Relief denied.

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 1105, DISCHARGE ADJUDGED BY SENTENCE OF COURT-MARTIAL , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 950818 until 010831.

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 II, Para 205(2), Jurisdictional Limitations Authority for Review of Discharges.

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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