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USMC | DRB | 2006_Marine | MD0600434
Original file (MD0600434.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. MD06-00434

Applicant’s Request
The application for discharge review was received on 20060125 . 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 designated CPT B_ T. H_ as the representative on the DD Form 293.
Decision

A documentary discharge review was conducted in Washington, D.C. on 20070110 . 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 di scharge 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 - ISSUES AND DOCUMENTATION

Decisional Issues :
Equity: Extenuating family circumstances

 Representative submitted no issues.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 4)
Applicant’s statement dtd September 21, 2005
 Character Reference ltr from B _ T . H _ , CPT, JA, Team 7, 213 th LSO , dtd August 31, 2005
Character Reference ltr from S_ W. S_ III, SFC, MSARNG, Operation Sergeant, dtd October 3, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20030517 - 20030706       COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 20030707              Date of Discharge: 20040412

Length of Service (years, months, days):

 Active: 00 0 9 05 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 7 3 day s
         Confinement:              None

Age at Entry: 24

Years Contracted: 4

Education Level: 1 0 ( GED )                           AFQT: 38

Highest Rank: Pvt                                    MOS: 9900 (Basic Marine)

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 2.9 (1)                                Conduct: 2.9 (1)

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

031130:  Applicant to unauthorized absence.
031230:  Applicant declared a deserter.

040 21 1 :  Applicant from unauthorized absence ( 7 3 days/ apprehended).
040223:  Applicant was found qualified for separation from active duty.
040226 :  NJP for violation of UCMJ, Article 86 : Did on o r about 1700, 031130, without authority, absent himself from his appointed place of duty, at which he was required to be, to wit: Student Administration Company, Headquarters Support Battalion, School of Infantry, Training Command, Camp Lejeune, and did remain so absent until on or about 2030, 040211.
         Award: Forfeiture of $ 596. 00 pay per month for 2 month s , restriction for 6 0 days. Not appealed.
040325:  SJA review determined the case sufficient in law and fact.

 040329 :  Command er, Marine Corps Base, Camp Lejeune, directed the Applicant ’s discharge under other than honorable conditions by reason of misconduct due to a commission of a serious offense.


Service Record Book contains a partial Adm inistrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20040412 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 Board presumed regularity in the conduct of governmental affairs (E).
Equity – Extenuating family circumstances: The Applicant contends his misconduct was the result of stress caused by being separated from his family. The Board recognizes that serving in the 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 the vast majority of these members have similar challenges and still serve honorably, earning 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. After a thorough review, the Applicant’s records did not show that he was not responsible for his conduct and therefore should not be held accountable. The Board concluded that his service was equitably characterized. Relief on this basis is denied.

The Applicant is advised that the Board has no jurisdiction over reenlistment, reentry, or reinstatement into any of the Armed Forces. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Regulations limit the Board’s review to a determination of 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 86 U nauthorized 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 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 ” .
T he 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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