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USMC | DRB | 2006_Marine | MD0601155
Original file (MD0601155.rtf) Auto-classification: Denied

ex-, USMC
MD06-01155

 Current Discharge and Applicant’s Request :

Application Received:                               20 060829
Characterization of Service:                      
Narrative Reason for Separation:         MISCONDUCT, due to a patt E rn of misconduct (board required but waived)
Discharge Authority :                                MARCORSEPMAN 6210
Last Duty Assignment/ Command at Discharge:       hqsvcbn 2d fssg usmarforlant

Applicant’s Request:    
         Characterization change to:              
         Narrative Reason change to:              
         Review Requested:                         
Representation:                                             


Decision:
Date of Decision:                                            20070719
Location of Board:                                  Washington D.C.
Complete Service Record:                                    YES
Complete Medical Record:                           YES
Complete Discharge Package:                        YES
Regarding propriety, the Board found the discharge:      PROPER
Regarding equity, the Board found the discharge:         EQUITABLE

By a vote of the Characterization shall UNDER OTHER THAN HONORABLE CONDITIONS
 By a vote of the Narrative Reason shall MISCONDUCT


Applicant’s Issues, as summarized by the Board:
 1. Reenlistment opportunity.
2. Immaturity and personal problems during enlistment.



Summary of Service:

Prior Service:
 Inactive: USMCR (DEP)                               19960111 - 19961006      

Period of Service Under Review:
 Date of Enlistment:                                 19961017
Years Contracted :                                  
Date of Discharge:                                  20000215
Length of Service
          Active:                                      03 Yrs 04 Mths 09 D ys (Does not exclude lost time)
Time Lost During This Period:                      29
 Days UA:                                              29

Education Level:                                   
Age at this Enlistment:                                    
AFQT:                                                 52
MOS:                                                  0151/0121
Highest Rank:                                       

Proficiency/Conduct marks (# of occasions):               3.9 (8) / 3.7 (8)

A wards and Decorations (as listed on the DD Form 214):   LETTER OF APPRECIATION




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

19970417:        Counseling: Advised of deficienc ies in performance and conduct . Unauthorized absence and failure to obey guidelines for liberty. N ecessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
19970623:        Counseling: Advised of deficiencies in performance and conduct . My inability to properly manage my financial affairs specifically my checking account and my intent to defraud a fellow Marine. This check was returned “Insufficient Funds” and the cost to the other Marine included a returned check fee and a blemish on his credit report. This counseling also involves the additional 8 returned check s written to MWR for a total of $565 plus returned check fees of $225 for a total of $790. N ecessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
19970721:        Counseling: Advised of deficiencies in performance and conduct . Driving out of the authorized boundaries during weekend liberty, being late for formations, and unsatisfactory camouflage utilities on a daily basis. N ecessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
19970729:        Counseling: Advised of deficiencies in performance and conduct . Drinking underage and making a false statement to a Staff Non-Commissioned Officer. N ecessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

 19980630:        Counseling: Advised of deficiencies in performance and conduct . On 19980627, you were UA from work, which was your appointed place of duty. Your decision to put your friends before your duties shows a lack of respect for the Marine Corps and its mission. Your inability to complete assigned tasks has resulted in your SNCOIC having to bring you into work after hours and on weekends to ensure work being accomplished. Conduct of this type will not be tolerated. N ecessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
19981013 :        NJP for violation(s) of UCMJ:
         Article 86 (2 specifications) :
         Specification 1: On or about 0830, 19980902 till 0835, 19980902 was UA from her appointed place of duty.
         Specification 2: On or about 1300, 19980902 till 1 3 07, 19980902 was UA from her appointed place of duty.
         Specification 3: On or about 0730, 19980903 till 0735, 19980903 was UA from her appointed place of duty.
          Specification 4: On or about 1300, 19980903 till 1307 , 199 80903 was UA from her appointed place of duty.
          Article 91 : On or about 19980901 was disrespectful to a NCO.
         Article 123a (2 specifications) :
         Specification 1: Did make out a check without the funds in her account to cover to LCpl W_.
         Specification 2: Did make out a check without the funds in her account to LCpl U_.
          Award: R estriction and extra duty for 14 days.
          Not appealed.

 19990210 :        Counseling: Advised of deficiencies in performance and conduct . In accordance with Para 6104 of MCO 1900.16 (Marine Corps Separation Manual) on frequent involvement with military/civilian authorities and establishing a pattern of misconduct . This obvious pattern of misconduct is prejudicial to good order and discipline, and will not be tolerated by this command, or the United States Marine Corps. N ecessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
19990719:        Applicant to unauthorized status.

19990809:        Applicant from unauthorized status.

 19990823 :        NJP for violation(s) of UCMJ:
          Article 86 : On or about 0730, 19990719 to 1345, 19990806 without authority absent f rom her appointed place of duty.
         Award: Forfeiture of $ 538 .00 for 2 month s , reduction to E- 2 . Suspended for 6months.
         Not a ppealed.
19991101:        Administrative separation under other than honorable conditions by reason of misconduct due to a pattern of misconduct was approved by CG, 2dFSSG . Separation suspended until 20001007. During suspension applicant is required to refrain from further misconduct during the period of this separation and meet the appropriate standards of conduct and performance which will make her eligible to receive a discharge under honorable conditions at the end of enlistment. If further grounds for separation arise record of proceedings may be requested from Staff Judge Advocate, 2dFSSG, Camp Lejeune, NC in the event of subsequent vacation proceedings.

20000121:        Applicant to unauthorized status.

20000202:        Applicant from unauthorized status.
20000209:        NJP for violation(s) of UCMJ:
         Article 86: UA (AWOL) from 1301, 20000121 to 0945, 20000202 (11 days).
         Article 91: Willfully disobey a direct order given by Sgt to report to him to pick up her orders.
         Award: Reduction to E-1.
         Not appealed.
20000214:        Vacation of suspended administrative separation under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

Elements of Discharge: [ IN VOLUNTARY]

Date Notified:                                       19990902
Basis for Discharge:     DUE TO

Least Favorable Characterization:                         
Commanding Officer’s Intended Recommendation:   
Record Supports Narrative Reason:                          YES

Date Applicant Responded to Notification:                 19990902
Rights Elected at Notification:
 Consult with Counsel                               
Obtain Copies                                      
Submit Statement(s) (date)                                 
Administrative Board                               

Commanding Officer Recommendation (date):        ( 19990922 )
SJA review (date):                                  ( 19991001 )
Separation Authority (date):                       COMMANDER, 2D FORCE SERVICE SUPPORT GROUP ( 19991013 )
 Narrative Reason directed:                                  MISCONDUCT DUE TO A
Characterization directed:                                 
Date Applicant Discharged:                         20000215


Additional Information Considered by Board

 Type of d ocumentation submitted by t he 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)                      0

Total Number of Pages:                              1


Applicant’s Issues, as summarized by the Board:
 1. Reenlistment opportunity.
2. Immaturity and personal problems during enlistment.

Issue 1: The Board determined that this Issue is not an issue which can form the basis for relief for the Applicant or that the Board did not have the authority to grant the relief for which the Applicant petitioned. The Applicant is directed to the Addendum regarding this issue.

Decisional Issues:
 The Board accepted Issue 2 for consideration.

Issue 2 (Equity). The Applicant contends that h er problems were attributed to h er immaturity. While s he may feel that this was the underlying cause of h er misconduct, the record clearly reflects h er willful misconduct and demonstrated s he was unfit for further service. There is credible evidence in the record that the Applicant had a pattern of misconduct. The evidence of record does not demonstrate that the Applicant was not responsible for h er conduct or that he should not be held accountable for h er actions.

When a Marine’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. 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 conduct during the current period of service, which forms the primary basis for determining the character of his service was marred by the award of six retention warnings as a result of numerous violations of the Uniform Code of Military Justice (UCMJ) , two nonjudicial punishments (NJP) for violations of UCMJ Articles 86 and Article 9 1 . A v iolation of UCMJ Article 91, willfully disobeying 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

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. Paragraph 6210, MISCONDUCT , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective
31 January 1997 until 31 August 2001.

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 violations of the UCMJ, Article 91 , Willfully disobeying noncommissioned officer .



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.

Employmen t / 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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