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USMC | DRB | 2006_Marine | MD0600805
Original file (MD0600805.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. MD06-00805

Applicant ’s Request
The application for discharge review was received on 20060504 . 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 20070308 . 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 - ISSUES AND DOCUMENTATION

Decisional Issues
         Equity: Prior good service.
Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:
Applicant ’s DD Form 214 (Service 8)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19890428 - 19890503       COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 19890504              Date of Discharge: 19911216

Length of Service (years, months, days):

 Active: 02 07 13
         Inactive: None

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

Age at Entry: 21

Years Contracted: 4
Education Level: 1 1                                  AFQT: 58

Highest Rank: LCpl                                  MOS: 0311 (Rifleman)

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.0 ( 9 )                                 Conduct: 2 . 8 ( 9 )
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifleman Marksman Badge, Letter of Commendation, National Defense Service Medal, South West Asia Service Medal (w/2 stars), Letter of Appreciation , Sea Service Deployment Ribbon


Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct-Pattern of misconduct ( administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.3.
Chronological Listing of Significant Service Events :

900831:  NJP for violation of UCMJ, Article 92: Did on or about 1400, 900819 disobey a lawful order of Capt to wear socks on liberty in Hong Kong, failing to do so was violation of a 13 th MEU liberty attire policy.
Violation of UCMJ, Article 134 (2 specs):
 Specification 1: Did on or about May 1990 and June 1990 being indebted to ITT Financial Services in the sum of about $1800.00.
Specification 2: Did on or about 900802, made and utter 15 checks to establishments on onboard NAB, Subic Bay, Philippines for the total amount of $1,606.35 and fail to maintain sufficient funds in his checking account for payment.
          Award: Forfeiture of $ 421. 00 per month for 2 month s , restriction and extra duty for 45 days, reduction to E- 2 . Forfeiture suspended for 6 months. Not appealed. NJP held at sea aboard USS OGDEN.

901001:  Counseling: Advised of deficiencies in performance and conduct (Using poor judgment and unbecoming conduct in failing to maintain sufficient funds in your checking account to cover checks written for the amount of $523.00.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

 910523:  NJP for violation of UCMJ, Article 86: Did, on or about 0600, 910519 without authority absent himself from his appointed place of duty , and did remain so absent until 0915, 910519.
         Award: Forfeiture of $ 2 00 .00 , restriction and extra duty for 14 days. Forfeiture suspended for 3 months. Not appealed.
910524:  Counseling: Advised of deficiencies in performance and conduct (Frequent involvement with authorities and conduct unbecoming a Marine in this command. You have received two NJP’s and one page 11 entry in less than one year’s time.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

 910607:  NJP for violation of UCMJ, Article 86: Did, on or about 1700, 910527, without authority absent himself from his appointed place of duty, and did remain so absent until 2115, 910527.
Violation of UCMJ, Article 92: Did, on or about 1700, 910527, willfully and wrongfully disobey order of Captain by departing the Company area and failing to sign in as ordered.
         Award: Forfeiture of $ 350.00 per month for 2 month s , restriction and extra duty for 3 0 days, reduction to E- 2 . Not appealed.

 910621:  Counseling: Advised of deficiencies in performance and conduct (Being assigned to Level One treatment for alcohol related incidents.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

 910827:  NJP for violation of UCMJ, Article 107: Did, on or about 910711, with intent to defraud, falsely alter a certain check which said check would, if genuine, apparently operate to the legal harm of another and which was used to the legal harm of MWR Camp Pendleton, CA.
         Award: Forfeiture of $ 197.00 per month for 1 month, restriction and extra duty for 14 days. Forfeiture suspended for 3 months. Not appealed.
911004 :  Applicant notified of intended recommendation for discharge as under other than honorable conditions by reason of misconduct due to a pattern of misconduct . The factual basis for this recommendation was your four nonjudicial punishments. Applicant informed the least favorable character of service possible was under other than honorable conditions.
9110 1 6 :  Commanding Officer recommended Applicant ’s discharge under other than honorable conditions by reason of misconduct due to pattern of misconduct.

911017:  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.

911106 :  SJA review determined the case sufficient in law and fact.

 911106 :  GCMCA, Commanding General, 1 st Marine Division (Rein), FMF, directed the Applicant 's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct .
911114:  NJP for violation of UCMJ, Article 123a: Did, on or about 910824, make and utter a certain check in the amount of $50.00 and thereafter fail to maintain sufficient funds in the bank for payment.
         Violation of UCMJ, Article 123a: Did, on or about 910908, make and utter a certain check in the amount of $37.90 and thereafter fail to maintain sufficient funds in the bank for payment.
 Violation of UCMJ, Article 112a: Did, on or before 911018, wrongfully use a controlled substance, to wit: amphetamine/methamphetamine.
          Award: Forfeiture of $300.00 per month for 1 month, restriction and extra duty for 35 days, reduction to E-1. Not appealed.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19911216 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 Board presumed regularity in the conduct of governmental affairs ( D ).
The Applicant desires an upgrade based on quality of service. When a member’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. Characterization of service 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 his time in the service was not honorable. Indeed, the Applicant’s record contains 5 nonjudicial punishment proceedings and 3 retention warning counseling entries. The Board noted that the Applicant’s misconduct was further aggravated by the fact that one of his nonjudicial punishments occurred after he was directed discharged under other than honorable conditions. The Applicant’s conduct, which forms the primary basis for determining the character of his service, falls well below that required for an honorable characterization of service. Relief denied.

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 of the propriety and equity of the discharge. Since these issues do not provide a foundation upon which the Board can grant relief, relief on this basis is not warranted.

The following is provided for the edification of the Applicant. The Applicant has exhausted opportunities for review at the NDRB. If further review is desired, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning a change in the characterization of service.
Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6210, Misconduct , of the Marine Corps Separation and Retirement Manual, ( MCO P1900.16D), effective 27 Jun 89 until 17 Aug 95.

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 .

D . 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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