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USMC | DRB | 2006_Marine | MD0601023

Original file (MD0601023.rtf) Auto-classification: Denied

ex-LCPL, USMC
MD06-01023

Current Discharge and Applicant’s Request :

Application Received:                               20 060725
Narrative Reason for Separation:                           MISCONDUCT
Character of Service:
Discharge Authority :                                MARCORSEPMAN PARA 6210.2
Last Duty Assignment/ Command at Discharge:       MALS-12 IWAKUNI JA PAN

Applicant’s Request:
         Narrative Reason change to:               NO NE REQUESTED
         Characterization chang e to:
         Review Requested :
Representation:                                              NONE

Decision:

Date of Decision:                                             20 070608
The Discharge shall :                      GENERAL (UNDER HONORABLE CONDITIONS)
                                                      MISCONDUCT
Regarding p ropriety , the Board found the discharge :       PROPER
Regarding e quity , the Board found the discharge :          EQUITABLE
Vot e (characterization/reason)                      UNANIMOUS / UNANIMOUS
Location of Board:                                  Washington D.C.
Complete Service Record:                                    YES
Complete Medical Record:                           NO
Complete Discharge Package :                        YES

Summary of Service :

Prior Service:
Inactive: USMC R (DEP)                               19950228-19951105 COG
Active:                                    19951106-19991012
Period of Service Under Review :
Date of Enlistment:                                 19991013
Years Contracted :                                   ;
Date of Discharge:                                  20000915
Length of Service:                                  00 Yrs 11 Mos 02 Days ^{Does not exclude lost time, if any.}

Education Level:
Age at this Enlistment:
AFQT:                                                 44
MOS:                                                   6672
Highest Rate/Rank:                                   CPL

Performance Evaluation Averages (number of marks):
P roficiency :                                         4. 6 ( 2 )
Conduct :                                              4. 1 ( 2 )

Awards and Decorations (as listed on the DD Form 214):
GOOD CONDUCT MEDAL, NATIONAL DEFENSE SERVICE MEDAL, SEA SERVICE DEPLOYMENT RIBBON, LETTER OF APPRECIATION, RIFLE MARKSMAN BADGE

Service Record Entries Related to Characterization of Service or Narrative Reason for Separation

20000405 :        NJP for violation(s) of UCMJ:
         Article 107: On or about 19991218, made a false official statement to Sgt L_, a military policeman, concerning the alleged theft of a ring.
         Award: Forfeiture of $667 for 2 months (suspended for 6 months), extra duty for 10 days, reduction to E-3 (suspended for 6 months).
         Not appealed.

20000504:        Counseling: Advised of deficiencies in performance and conduct . Frequent misconduct and violations of the UCMJ indicated by the Nonjudicial Punishment received on 20000405. Furthermore I have been counseled on my financial irresponsibility by failing to maintain sufficient funds in my checking account which resulted in my uttering 5 worthless checks that totaled $1,500.00 and my failure to pay just debt of $1,500. 00 , necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

20000510:        Forfeiture of pay and reduction in pay grade awarded at NJP on 20000405 vacated due to continued misconduct.

20000606:        Counseling: Advised of deficiencies in performance and conduct (Financial irresponsibility by failing to maintain sufficient funds in my checking account with resulted in my uttering 2 worthless checks that totaled $400.00 and my failure to pay just debts of $1,065.00 to Marine Corps Morale Welfare Recreation Office at MCAS Iwakuni, Japan.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

20000626 :        Counseling: Advised of deficiencies in performance and conduct ( Financial irresponsibility by failing to pay my hous ing rental agreement. ), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

20000707 :        Counseling: Advised of deficiencies in performance and conduct ( Financial irresponsibility and dishonorably failing to pay debt, specifically, you and your active duty spouse resided in the Temporary Lodging Facility (TLF) at MCAS Iwakuni, Japan from 20000128 until 20000315. At the same time of checkout, the balance due was $629.00. On 20000414, a payment was made in the amount of $111.00. Since then, no attempts have been made to pay the remaining balance although you received money to reimburse the TLF. The remaining balance due is $518.00 ), necessary corrective actions explained, sources of assistance provided, and advised being processed for administrative discharge action.

200707: Counseled that due to continued financial irresponsibility and indebtedness the Commandant of the Marine Corps has disapproved my request for tour curtailment due to financial hardship and directed that I be retained on station and processed for administrative discharge.

Elements of Discharge: [ IN VOLUNTARY]

Discharge Process :
Date Notified :                                        20000712
Narrative Reason :                                            MISCONDUCT

Least Favorable Characterization:
Commanding Officer’s Intended Recommendation :
Record Supports Narrative Reason :
Date Applicant R esponded to N otification:                 20000712
Rights E lected at N otification :
Consult with Counsel
Administrative Board
Obtain Copies
Submit Statement(s)

Recommendation of Commanding Officer (date):     ( 20000714 )
SJA review (date):                                   ( DATE NOT LEGIBLE )
Discharge directed by (date):              COMMANDING GENERAL , 1 ^st MARINE AIRCRAFT WING (DATE NOT LEGIBLE )
Narrative reason directed :                                   MISCONDUCT
Characterization directed:
Date Applicant Discharged:                         20000915

Additional Information Considered by Board

Type of documentation submitted by the Applicant and considered by the Board

        Document Type                                        #Pages
Related to Period of Service Under Review:
         Service/Medical Record:                            1
         Other Period of Service:                                    0
Related to Post-Service Period:
         Community Service:                                  0
         Education:                                           0
         Employment:                                          0
         Health/Medical:                                     0
         Character Statements:                               0
         Criminal Records Checks:                                    0
         Additional Statements from Applicant:             0
Other Documentation     (Describe Below)                 3

Total Number of Pages:                            4

D escription of Other Documentation:
Dissolution of Marriage

Applicant’s Issues, as summarized by the Board:

1. Only a few mistakes were made during my enlistment.
2. A p ersonal family problem was the causal factor in my discharge` .
3. Command help with my problems was non- existent .

Decisional Issues:
The Board accepted Issue s 1-3 for consideration.

Issue 1 (Equity) When a Marine’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. Characterization of service as general (under 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. The Applicant’s service was marred by the award of nonjudicial punishment (NJP) on one occasion for a violation of the Uniform Code of Military Justice article 107 (UCMJ) and four counseling entries for financial irresponsibility with retention warnings included. Violation of UCMJ Article 107 is considered a serious offense for which a punitive discharge is authorized if adjudged by a Special or General Courts Martial. An upgrade to honorable would be inappropriate. Relief denied.

Issue 2 (Equity) The Applicant contends that her problems in the Marine Corps can be attributed to her ex-husband’s conduct. While she may feel that his actions w ere the underlying cause of her misconduct, the record clearly reflects her willful and continuous misconduct. The evidence of record did not show that the Applicant was either not responsible for her conduct or that she should not be held accountable for her actions. Relief denied.

Issue 3 (Equity) In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge proper and equitable. Specifically, Applicant alleged that s he was pushed away by h er command resulting in h er general dis charge. The record, however, contains no evidence of any wrongdoing by the Applicant’s Commanding Officer or anyone else for that matter in the discharge process. The Board presumes regularity in the conduct of governmental affairs in the absence of persuasive evidence to the contrary. As such, this Board presumed that Applicant’s discharge was regular in all respects. Relief denied.

In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Medical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge proper and equitable.

Minority Opinion

None

Pertinent Regulation/Law

A. The Marine Corps Separation and Retirement Manual, (MCO P1900.16F ) , effective 01 Sep 2001 until Present, Paragraph 6210, MISCONDUCT.

B. 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 V, Para 502, Propriety and Para 503, Equity.

C. 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 1 07 , False Official Statement s .

ADDENDUM: Information for the Applicant

Complaint Procedures : 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 ” .

Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the 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. If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

Service Benefits: 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 and this issue does not serve to provide a foundation upon which the Board can grant relief.

Employment / Educational Opportunities : The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.

Reenlistment/ RE-code: Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.

Medical Conditions and Misconduct : DoD disability regulations do not preclude a disciplinary separation. Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons. Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended. The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct, the medical board report is filed in the member’s terminated health record. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD.” Only the Board for Correction of Naval Records can grant this type of narrative reason change.

Automatic Upgrades - There is no law or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving Naval service. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Examples of documentation that may be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.

Issues Concerning Bad-Conduct Discharges (BCD ) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief. With respect to a discharge adjudged by a court-martial, 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.

Board Membership: 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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USMC | DRB | 2006_Marine | MD0601023

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