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

 ex-PFC, USMC
Docket No. MD99-01190

Applicant’s Request

The application for discharge review, received 990903, requested that the characterization of service on the discharge be changed to honorable conditions.  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 000525.  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 HONORABLE CONDITIONS(GENERAL)/Misconduct-Pattern of misconduct (with administrative discharge board), authority: MARCORSEPMAN Par. 6210.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank. 

Documentation

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

None

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None
	Inactive:  USMCR(J)		870519 - 870928	COG

Period of Service Under Review:

Date of Enlistment:  870929		Date of Discharge:  891207

Length of Service (years, months, days):

	Active:  02  02  09
	Inactive:  None

Age at Entry:  17			Years Contracted:  4 

Education Level:  12			AFQT:  50

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.3 (4)		Conduct:  4.4 (4)

Military Decorations:  None

Unit/Campaign/Service Awards:  Rifle Expert Badge 

Days of Unauthorized Absence:  None 

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

UNDER HONORABLE CONDITIONS(GENERAL)/Misconduct-Pattern of misconduct (with administrative discharge board), authority:  MARCORSEPMAN Par. 6210.3.

Chronological Listing of Significant Service Events:

880322:	Counseled for deficiencies in performance and conduct.  [For failure to comply with AO P11101.5A by having a male guest in your room, an unauthorized area for male personnel]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

880322:	NJP for violation of UCMJ, Article 134: Wrongfully allowed a male guest to enter her room, Room No. 332, Bks M-430, PASCo, MCSSS, MCB, CamLej, 0015, 880310, an unauthorized area for male personnel.
	Award:  Forfeiture of $300.00 per month for 2 months, restriction for 30 days.  Not appealed.

880419:	Counseled for deficiencies in performance and conduct.  [Your violation of Articles 86, 92, and 134 of the UCMJ]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

880419:	NJP for violation of UCMJ, Article 134 (3 Specifications), Broke restriction 0900, 880402; 0700, 880409; and 0900, 880409; violation of UCMJ Article 86: Failed to go at the time prescribed to her appointed place of duty; violation of UCMJ Article 92: Wrongfully and unlawfully disobeying a lawful order by allowing a male guest to enter her room.
	Award:  Forfeiture of $300.00 per month for 2 months, reduction to     E-1.  Not appealed.

890209:	NJP for violation of UCMJ, Article 91: Disrespectful in language toward Sgt B______, a Noncommissioned Officer.
	Award:  Forfeiture of $182.00 per month for 1 month, restriction for 14 days.  Not appealed.

890828:	NJP for violation of UCMJ, Article 92: Disrespect in language toward WO  I______.
	Award:  Forfeiture of $391.00 pay per month for 2 months (forfeiture of $391.00 pay per month for 1 month suspended for 6 months), restriction and extra duty for 30 days, reduction to E-2, and to be orally reprimanded.  No indication of appeal in the record.

890920:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

890920:  	Applicant advised of her rights and having not consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

890920:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.  The factual basis for this recommendation was your nonjudicial punishments of 880322, 880419, 890209 and 890828, and your adverse page 11 entries of 880322 and 880419. 

891017:	An Administrative Discharge Board considered the matters presented and found the allegations set forth in the notice of proposed separation were supported by a preponderance of the evidence, and recommended discharge under honorable conditions (general) discharge.

891115:	SJA review determined the case sufficient in law and fact.

891116:	GCMCA [Commander, 2d Force Service Support Group], directed the applicant's discharge under honorable conditions (General) by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 891207 under honorable conditions (general) for misconduct due to a pattern of misconduct (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 introduced no decisional issues for consideration by the Board. The Board did note that the applicant believes that she received an other than honorable conditions discharge.  This is not true, she received an under honorable conditions (general) discharge.  Relief denied.

The applicant is reminded that she is eligible for a personal appearance hearing provided her request is received at the NDRB within 15 years from the date of discharge.  Representation is highly encouraged.

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6210, Misconduct, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16D), effective 27 Jun 89 until 17 Aug 95.

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