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USMC | DRB | 2006_Marine | MD0600397
Original file (MD0600397.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-LCpl, USMC
Docket No. MD06-00397

Applicant’s Request
The application for discharge review was received on 20060109 . 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 20061130 . 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 ization of the discharge shall not change. The discharge shall remain Under Other Than Honorable Conditions by reason of separation in lieu of trial by court-martial.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Decisional Issues
No issues were submitted by the Applicant.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19810114 - 19810707       COG
         Active: USMC     19810708 - 19840927      HON
Period of Service Under Review :
Date of Enlistment: 19840928              Date of Discharge: 20010322

Length of Service (years, months, days):

 Active: 16 0 5 22 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 41 82 day s
         Confinement:              37 day s

Age at Entry: 21

Years Contracted: 5

Education Level: 12                                 AFQT: 23

Highest Rank: LCpl                                   MOS: 1391

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4 . 4 ( 13 )             Conduct: 4 . 1 ( 13 )
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle Sharpshooter; Meritorious Mast (4); Marine Corps Good Conduct Medal; Sea Service Deployment Ribbon (2)


Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNDER OTHER THAN HONORABLE CONDITIONS/IN LIEU OF TRIAL BY COURT-MARTIAL, authority: MARCORSEPMAN Par. 6419.

 Chronological Listing of Significant Service Events :

840928 :  Reenlisted this date for a term of 5 years.

870427:  Applicant to unauthorized absence (AWOL) at 0701 on 870427.

871007:  Applicant from unauthorized absence at 1500 on 871007 (16 3 days/surrendered).
871030 :  Acknowledged understanding of eligibility but not recommended for promotion to Cpl during the Nov, Dec 87 and Jan 88 promotion periods due to my recent UA/AWOL status . Applicant chose not to make a statement.
871118:  Special Court Martial
          Charge I: violation of the UCMJ, Article 86.
          Specification 1: Did, on or about 870427, without authority, absent himself from his unit, and did remain so absent until on or about 871007 [ 16 0 days/ surrendered .]
          Findings: to Charge I and specification thereunder, guilty.
         Sentence: Confinement for 4 months, forfeiture of $250.00 pay per month for 4 months, reduction to E-1.
         CA 871229: The sentence is approved and will be duly executed, but the execution of that part of the sentence extending to confinement of two months and reduction below PFC is suspended for twelve months.
881129:  Counseling: Advised of deficiencies in performance and conduct (UA from duty section muster at 0730, 881124 due to alcohol intoxication), necessary corrective actions explained, sources of assistance provided, and disciplinary and discharge warning issued.
890206:  Counseling: Advised of deficiencies in performance and conduct (Applicant’s history of alcohol related incidents that have directly led to your being UA from duty section muster, Drunk and disorderly on two occasions, quarreling with military police, and overall disruption of the Marine Corps), necessary corrective actions explained, sources of assistance provided.
890606:  Counseling: Advised of deficiencies in performance and conduct (Failure to pay just debts in a timely manner), necessary corrective actions explained, sources of assistance provided, and disciplinary and discharge warning issued.
        
900207:  Applicant to unauthorized absence (AWOL) at 0731 on 900207.

 0 10208 :  Applicant from unauthorized absence at 1330 on 010208 ( 11 years 0 months 1 day / apprehended).
010208:  IHCA from 010208 to 010214.

010214:  To confinement.

010315:  From confinement (37 days).

010322:  DD Form 214: Applicant discharged under other than honorable conditions by reason of in lieu of trial by court-martial per MARCORSEPMAN 6419.
        
Service Record Book did not contain the Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20010322 in lieu of trial by court-martial (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 Board presumed regularity in the conduct of governmental affairs (E).
In the absence of a complete discharge package, the Board presumed regularity of governmental affairs. As such, the Board presumed that the Applicant requested discharge to escape trial by court-martial; that the Applicant had the elements of the offense for which he was charged fully explained by counsel; that the Applicant admitted guilt to the offense; and that the Applicant had a complete understanding of the negative consequences of his actions. The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. 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 6419, SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective
18 Aug 95 until 31 August 2001.

 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 .

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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction . You should read Enclosure (5) of the Instruction 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 Instruction 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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