DEPARTMENT OF THE NAVY
 NAVAL DISCHARGE REVIEW BOARD (NDRB)
                     DISCHARGE REVIEW
                   DECISIONAL DOCUMENT

 ex-PFC, USMC
Docket No. MD99-00606

Applicant’s Request

The application for discharge review, received 990326, requested that the characterization of service on the discharge be changed to general/under honorable conditions.  The applicant requested a documentary record discharge review.  The applicant did not designate representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000410.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was 3 to 2 that the character of the discharge shall not change.  The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/IN LIEU OF TRIAL BY COURT-MARTIAL, authority: MARCORSEPMAN Par. 6419.

The NDRB did note an administrative error on the original DD Form 214.  Block 12a, Date Entered AD This Period, should read:  “97  08  26” vice “97  09  16”.  The original DD Form 214 should be corrected or reissued as appropriate. 

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

When I first talked with my Marine recruiter, I was 17 years old and had just started my senior year in high school.  He did everything to try to get me to sign up including picking me up at school and trying to influence my decision by taking me and buying me beer.  Also he told me I would get a $2,000 bonus for signing up on the delayed entry program.  After being hesitant about signing for 4 years, he told me I could always get out if it didn't work out for me.  After signing upon my 18th birthday in November 1996, he told me I had a good score on my entrance exam so I'd get to choose the occupational career I preferred.  He told me I'd more than likely be sent to MOS training in California since I chose the communications field.

After a short break after Marine graduation at Parris Island in November 1997, I was sent to Camp Geiger in North Carolina for my MCT.  I was so excited and anxious about my career so it was quite a shock when I was handed orders to go to an Army base in Aberdeen, Maryland to train as a small arms repairman.

I was to begin my MOS January 5, 1998 but it was postponed a month.  During that month my life was turned upside down.  It was awful there!  Suddenly all of the excitement and challenge of being in the Marine Corps was over.  There was nothing to do. Day after day we'd spend hours walking around picking up cigarette butts or just sitting in a big room doing nothing!  Of course we did have free time in the evenings and on weekends but things just didn't seem right there.  At first my class was postponed 2 weeks and when they started another class I begged them to let me in it but they wouldn't.  There was a lot of very unhappy Marines at Aberdeen or at least the ones I was around were.  I got so discouraged and depressed and eventually got to the point that I desperately wanted out of the Corps.  I talked to my superiors but no one seemed to listen or care about what was happening.  For my own state of mind, I felt I had no choice but to leave UA.  After leaving the base a few hours I knew I had messed up BIG but not knowing the consequences I just couldn't go back in my state of mind so I went home to Tennessee.

My parents were devastated for me leaving UA and were shocked in the change in me and that I wanted out.  After a week I went back to base with the intention of doing whatever I had to to get a proper discharge.  Things didn't work out though.  After being back on base a few days, I started talking to my superiors including the chaplain but they gave me no hope of getting out nor did they encourage me to help me through the bad situation I was in.  My commander told me there was "No way in hell he'd give me a discharge".  He told me I'd just have to leave if I wanted out.  With my desperate state of mind I felt I had no choice but to leave again.  I just couldn't get the guidance that I so needed at that time.

After a short while at home I was picked up by local authorities on request of the USMC and sent to the brigg in Camp Lejeune.  I spent two long, hot, miserable months in the brigg before receiving at my request an OTH discharge on June 30, 1998.

I'm very sorry about what happened while I was in the USMC.  Nevertheless, looking back I'll always remember the struggle and pride there was in becoming a Marine.  In my heart I'll always be a Marine and I would gladly fight for my country should I ever be needed to fight in a war.  Things could have and should have been different for me.  A combination of bad circumstances and a dishonest recruiter caused me, to make some bad decisions and caused my family unnecessary heartache.

After having left UA and by your rules and regulations maybe it's not possible for me to get a most desired honorable discharge but I am very hopeful that you'll at least consider a general discharge in my case.

Truly I am an honest and trustworthy person and I've grown up a lot in the past 8 months.  I hope you can understand what happened and not let this be held against me for the rest of my life.

Since my discharge, I've been working for a nearby Walmart Distribution Center.  I'm very happy and appreciate my home and my parents more than I ever did.

Thank you for your time and any consideration you might give me in this matter and please accept my deepest apologies.

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Copy of DD Form 214 (2 copies)

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:    None
	Inactive:   USMCR(J)		961106 - 970825	COG

Period of Service Under Review:

Date of Enlistment:  970826		Date of Discharge:  980629

Length of Service (years, months, days):

	Active:    00  10  03 (Doesn't exclude time lost)
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  40

Highest Rank:  PFC

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.2 (1)			Conduct:  2.1 (1)

Military Decorations:  None

Unit/Campaign/Service Awards:  None 

Days of Unauthorized Absence:  69 UA & 45 days confinement 

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/IN LIEU OF TRIAL BY COURT-MARTIAL, authority:  MARCORSEPMAN Par. 6419.

Chronological Listing of Significant Service Events:

961106:	Applicant enlisted for communications/electronics.  

980410:	Applicant declared a deserter on 980410 having been an unauthorized absentee since 0431, 980302 from MCDET USA ORD SCHOOL.

980511:	Applicant apprehended by Washington Co Detention Center, Jonesborough, TN on 980511 (1800).  Returned to military control 980511 (1825).

980512:	Placed in pre-trial confinement.

980603:	Applicant, having consulted with counsel certified under UCMJ Art 27b, requested discharge for the good of the service to escape trial by court- martial.  In the request the applicant noted that his counsel had fully explained the elements of the offenses for which he was charged and that he understood the elements of the offenses.  He further certified a complete understanding of the negative consequences of his actions and that characterization of service would be under other honorable conditions.  The applicant admitted guilt to the following violations of the UCMJ, Article 86:  on or about 2 March 1998, without authority absent himself from his organization, to wit: Marine Corps Detachment, U.S. Army Ordinance School, located at Aberdeen proving Grounds, and did remain absent until he was apprehended on or about 11 May 1998.

980621:	SJA review determined the case sufficient in law and fact.

980624:	GCMCA [CG, MCB, Camp Lejeune] determined that applicant had no potential for further service, that separation in lieu of trial by court-martial was in the best interest of the service, and directed discharge under other than honorable conditions in lieu of trial by court-martial.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980629 under other than honorable conditions in lieu of trial by court-martial (A and B).  The Board presumed regularity in the conduct of governmental affairs (C).  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board, by a vote of 3 to 2, found that the discharge was proper and equitable (D and E).

The Board found that the applicant was guaranteed assignment to a communications field, which the Marine Corps failed to honor.  However, the Board determined that the applicant clearly disregarded Marine Corps regulations, as evidence by his 114 days of UA.  The discharge accurately reflected the applicant’s service. Relief denied.

The following is provided for the applicant’s edification.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (E).  The applicant must be aware that 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 the civilian life subsequent to leaving the service.  Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question.  Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB.  The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at personal appearance hearing is highly recommended.
  
Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6419, SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 
18 Aug 95 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. 

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

E.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

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 obtain a copy of DoD Directive 1332.28 by writing to:

		DA Military Review Boards Agency
		Management Information and Support Directorate
		Armed Forces Reading Room
		Washington, D.C.  20310-1809

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:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		Washington Navy Yard
		720 Kennon St SE Rm 309
		Washington, D.C.  20374-5023