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USMC | DRB | 2006_Marine | MD0600251
Original file (MD0600251.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. MD06-00251

Applicant’s Request
The application for discharge review was received on 20051117 . 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 20061005 . 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

 No issues were submitted by the Applicant.
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)    20010103 - 20010108       COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 20010109              Date of Discharge: 20030925

Length of Service (years, months, days):

 Active: 0 2 0 8 17
         Inactive: None

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

Age at Entry: 25

Years Contracted: 4

Education Level: 12                                 AFQT: 25

Highest Rank: LCpl                                   MOS: 0311/8152

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): Navy Unit Commendation, National Defense Service Medal, Rifle Sharpshooter Badge, Pistol Marksman Badge

*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 :

010830 :  NJP for violation of UCMJ, Article 1 13:
Specification: In that Private First Class H_ Jr . , W_ H. (Applicant), on or about 010823 at or about 0045 at Post 3 on board the United Sta t es Naval Academy, Annapolis, MD, after having been formally posted as a Gate Sentry, was found sleeping.
         Award: Forfeiture of 7 days pay $ 273.00 , restriction and extra duty for 14 days . Not appealed.
010830:  Counseling: Advised of deficiencies in performance and conduct (Company level NJP for violation of: Article 1 13 , Misbehavior of a sentinel or lookout under the UCMJ.) N ecessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
020412 :  Acknowledged understanding of eligibility but not recommended for promotion to LC pl for the month of May due to lack of leadership . Applicant chose not to make a statement .
020909:  NJP for violation of UCMJ, Article 86: Absence without leave.
          Award: Restriction and extra duty for 14 days. Not appealed.
020909:  Counseling: Advised of deficiencies in performance and conduct (Company level NJP for violation of: Article 86, Unauthorized absence under the UCMJ.) . N ecessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
021 113 :  NJP for violation of UCMJ, Article 121 :
         Specification: At USNA, Annapolis MD, 15 O ct 02, wrongfully appropriate 782 gear valued at $607.50 prop erty of LCpl C_ M. B_, USMC and LCpl C_ V. T_, USMC.
          Award: Forfeiture of $ 619.00 pay per month for 2 month s , 30 days of CCU , and reduction to E- 2 . Not appealed.
021113:  Counseling: Advised of deficiencies in performance and conduct (Violation of Article 121, larceny, wrongful appropriation under the UCMJ.) . N ecessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
 030 702 :  NJP for violation of UCMJ, Article 86 (4 Specs): Absence without leave.
         Specification 1: In that Private First Class W_ H. H_ Jr., (Applicant), did on board the United States Naval Academy, Annapolis MD, on or about 030605, without authority fail to go at the time prescribed to wit: The First Sergeant’s Office to be officially placed on weight control.
         Specification 2: In that Private First Class W_ H. H_ Jr., (Applicant), did on board the United States Naval Academy, Annapolis MD, on or about 030621, without authority fail to go at the time to his appointed place of duty to wit: Did not show up for duty until the Corporal of the Guard found him in his room.
         Specification 3: In that Private First Class W_ H. H_ Jr., (Applicant), did on board the United States Naval Academy, Annapolis MD, on or about 030622, without authority fail to go at the time prescribed to his appointed place of duty to wit: reported to duty 30 minutes late.
         Specification 4: In that Private First Class W_ H. H_ Jr., (Applicant), did on board the United States Naval Academy, Annapolis MD, on or about 030624, without authority fail to go at the time prescribed to his appointed place of duty to wit: Fail to show up to guard duty for 0600 to 1200 relief.
         Award: Forfeiture of $ 575.00 pay per month for 2 month s , restriction and extra duty for 45 days , and reduction to E- 1 . Not appealed.
030702 :  Counseling: Advised of deficiencies in performance and conduct ( Article 86 x4 , unauthorized absence under the UCMJ ) . N ecessary corrective actions explained, sources of assistance provided, and advised being processed for administrative discharge action.
030 7 02 :  Applicant notified of intended recommendation for discharge by reason of misconduct due to a pattern of misconduct with service characterized as under other than honorable conditions . The factual basis for this recommendation is Applicant’s misconduct for which Applicant convicted at four prior non-judicial punishmen ts .

030702 :  Applicant advised of rights and having consulted with counsel, elected to waive all rights .

030702 :  Commanding Officer, United States Naval Academy Company , Marine Barracks, 8 th and I, recommended to Commanding General Marine Corps Base, Quantico, VA via the Commanding Officer, Marine Barracks, 8 th and I, that the Applicant be discharge d under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

030711:  Commanding Officer, Marine Barracks, 8 th and I, recommends that Applicant be discharged under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

 030811 :  GCMCA, Commanding General, Marine Corps Base, Quantico, VA, directs that Applicant be discharged under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

030812:  Applicant found physically qualified for separation.
Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030925 by reason of misconduct due to a pattern of misconduct (A) 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 ( B and C ).

The Applicant introduced no decisional issues for consideration by the Board.

 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 3 retention warnings, a nonrecommendation for promotion to Lance Corporal and 4 nonjudicial punishment proceedings for violations of Articles 86, 113 and 121 of the UCMJ. 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. The NDRB advises the Applicant that certain serious offenses warrant separation from the Marine Corps in order to maintain proper order and discipline. Violations of Article 113 and 121 are considered serious offenses and a punitive discharge is authorized if adjudged at a special or general court-martial. 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 P1900.16F), effective 01 Sep 2001 until Present.

B . Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

C . 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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