Period of Service Under Review: Date of Current Enlistment: 20041215
Period of Enlistment: 4 Years 0 Months
Date of Discharge: 20081030
Length of Service: 03 Year(s) 10 Month(s) 16 Day(s) Education Level: 12
MOS: 3051
Age at Enlistment: 18
Highest Rank: LANCE CORPORAL AFQT: 31
Proficiency/Conduct Marks(# of occasions): 4.2 (8) /3.8 (8) Fitness Reports: NOT APPLICABLE
Awards and Decorations (per DD 214): Rifle SS ICM WITH 2 BRONZE STARS SSDR (2) GWOTSM NDSM Periods ofUA/CONF: NONE
NJP: 2
.20050610: Article 91 (Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer
disrespectful toward SSgt)
Article 92 (Failure to obey order or regulation - violated Base Order I 0 I 0.8W by wearing PT gear in the
exchange)
Awarded: RIR FOP RESTR Suspended: FOP RESTR
- 20070314: Article 92 (Operated POV while on base driving privileges were suspended) Awarded: RIR FOP RESTR EPD Suspended: FOP
SCM: NONE SPCM: NONE CC: NONE Retention Warning Counseling: 4
-20050613: For disrespect toward a SSgt by saying to him "you tell me why" and pointing his finger in his face,
rolling his eyes, breathing heavy, and being belligerent when asked why he was wearing PT gear in the PX, and violation ofBO 1020. 8W, by wearing PT gear in the exchange. This type of behavior is unacceptable and will not be tolerated.
-20061215: For failure to obey an order or regulation. On 20061201 you were seen driving your POV on base, knowing that your base privileges were revoked on 20061107. You were in direct violation ofPMO and you failed to follow the orders given to you by your SNCOIC. Conduct such as this will not be tolerated. You need to carefully follow the rules and regulation and all orders that are given to you by your superiors.
VA- Unauthorized absence
FOP - Forfeiture of pay
CC - Civilian conviction
NJP -Nonjudicial punishment
RIR - Reduction in rank
CCV - Correctional Custody Unit
SCM- Summary court-martial
EPD - Extra duties
BW - Confinement on bread and water
The NDRB did note administrative error(s) on the original DD Form 214:
Block 24, Character of Service, should read: "UNDER OTHER THAN HONORABLE CONDITIONS" The NDRB will recommend to the Commandant of the Marine Corps that the DD 214 be corrected as appropriate.
Related to Military Service:
Related to Post-Service Period:
A. The Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective I September 200 I until Present, Paragraph 6210, MISCONDUCT.
B. Secretary of the Navy Instruction 5420.174D of22 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.
Key: NFIR -Not found in record SPCM- Special court-martiaJ CONF - Confinement
UA - Unauthorized absence
FOP- Forfeiture of pay
CC - Civilian conviction
NJP- Nonjudicial punishment
RIR - Reduction in rank
CCU- Correctional Custody Unit
SCM- Summary court-martial
EPD - Extra duties
BW - Confinement on bread and water
I.
The Applicant contends that his misconduct drug use was mitigated by Post-Traumatic Stress Disorder, which should be considered in determination of his overall characterization of service, thus warranting an upgrade.
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Docket No. MD13-00888 «
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