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

ex-Pvt, USMC
Docket No. MD99-01151

Applicant’s Request

The application for discharge review, received 990830, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a documentary record discharge review.  The applicant did not list any  representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000512.  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 unanimous that the character of the discharge shall not change.  The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  I am requesting my discharge to be kindly changed from under other than honorable conditions to an honorable.  I understand that my actions that I chose when in service with MCSF Co. Patuxent River MD were out of complete stupidity.  However I've suffered, being that I was discharged when I didn't want to I was expecting a career in the corps.  I admit my mistakes, as it show in my file (s.r.b) I have not been in trouble with any law enforcement (ticket, arrested, etc), financial, employment (welder, since discharge to current date), credit bureaus etc…. I would like to request this review in that I was just careless mistaking a few decisions, I was a "squared away" and proper marine w/those bad decisions.  I would deeply appreciate it if this altercation can be made I thank you for your time and consideration.  

Documentation

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

Employment Reference Letter
Copies of DD Form 214 (2)

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None
	Inactive:  USMCR(J)		940106 - 940926	COG

Period of Service Under Review:

Date of Enlistment:  940927		Date of Discharge:  961101

Length of Service (years, months, days):

	Active:  02  01  05
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  70

Highest Rank:  PFC

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.0 (8)		Conduct:  4.0 (8)

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, MM, LOA 

Days of Unauthorized Absence:  None 

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  MARCORSEPMAN Par. 6210.2.

Chronological Listing of Significant Service Events:

960201:	NJP for violation of UCMJ, Article 92: Disobeying a lawful order from Commanding Officer by wrongfully removing his service pistol from his holster and clearing a round from his chamber.
	Award:  Forfeiture of 1/2 months pay per month for 2 months (1/2 pay for 1 month suspended for 6 months), restriction for 30 days (15 days suspended for 6 months), reduction to E-2 (suspended for 6 months).  Not appealed.

960212:	Counseled for deficiencies in performance and conduct.  [Failure to obey order or regulation] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

960408:	NJP imposed and suspended on 960201 for a period of 6 months is hereby vacated and the punishment is ordered executed.

960410:	NJP for violation of UCMJ, Article 92: Disobeying a lawful order from the Commanding Officer by wrongfully removing his service pistol from his holster and clearing a round from the chamber.
	Award:  Forfeiture of $437.00 per month for 2 months, restriction for 30 days, reduction to E-1 (suspended for 6 months).  Not appealed. 

960410:	Counseled for deficiencies in performance and conduct.  [Failure to obey order or regulation] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

960828:	NJP imposed and suspended on 960410 for a period of 6 months is hereby vacated and the punishment is ordered executed.
 
960828:	NJP for violation of UCMJ, Article 134: Wrongfully possess a false Armed Forces Identification Card at Virginia Beach, VA.
	Award:  Forfeiture of $437.00 per month for 2 months, restriction for 60 days.  Not appealed.

960829:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.

960829:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

960918:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.  The factual basis for this recommendation was the documented series of three minor disciplinary infractions during the current enlistment, of a nature which have been appropriately disciplined under Article 15, UCMJ, nonjudicial punishment to include recent nonjudicial punishment on 960828. 

961003:	SJA review determined the case sufficient in law and fact.

961021:	GCMCA [Commander, U.S. Marine Corps Force, Atlantic] directed the applicant's discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 961101 under other than honorable conditions for misconduct due to minor disciplinary infractions (A).  The Board presumed regularity in the conduct of governmental affairs (B).  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 (C and D).

The applicant states that he made careless mistakes as a Marine and states that he has not been in trouble since his discharge.  The Board found that there was not enough justification provided to overturn his discharge.  Relief denied.
    
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.  No error or injustice was found.  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 6210, MISCONDUCT, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95until Present. 

B.  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.  

C.  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.

D.  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