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

 ex-PFC, USMC
Docket No. MD00-00035

Applicant’s Request

The application for discharge review, received 991004, 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 000604.  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 – Minor disciplinary infractions (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  My rate of discharge was, in my opinion, an acceptable action based on my actions in the four months prior to my separation.  I can only ask that the Board or panel will take into consideration that I was clearly making bad decisions and at the time was, not thinking of the consequences.  I can only add that I have changed my life to serving the Lord, and that I want to be in law enforcement.  My rate of discharge may keep me from acquiring employment with the FBI, and is presently keeping me from utilizing my G.I. Bill benefit to attend school to acheive a degree in criminal justice.  I have already accomplished several credits towards my degree and carry a 3.60 GPA, and I have been placed on the Dean's List.  I don't know if any of this will be relevant to my review, I can only hope that this information will help your decision.  I can furnish documentation and phone numbers if necessary.

Documentation

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

Statement from applicant
Copy of DD Form 214
Copy of transfer course evaluation report
Letter from New York State Department of Labor dated October 25, 1999

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		910529 - 911106	COG

Period of Service Under Review:

Date of Enlistment:  911107		Date of Discharge:  940722

Length of Service (years, months, days):

	Active:    02  08  16
	Inactive:  None

Age at Entry:  19			Years Contracted:  5

Education Level:  12			AFQT:  79

Highest Rank:  LCPL (not verified)

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.4 (12)		Conduct:  4.0 (12)

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, AFEM, JMUC

Days of Unauthorized Absence:  28 

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

UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct-Minor disciplinary infractions (administrative discharge board required but waived), authority:  MARCORSEPMAN Par. 6210.2.

Chronological Listing of Significant Service Events:

920604:	NJP for violation of UCMJ, Article 92:
Specification: Failure to obey a lawful written order by failing to return to a designated area on time by 2201, 1Jun92.
Awarded restriction and extra duties for 30 days.  No indication of  appeal.

920622:	Counseled for deficiencies in performance and conduct.  [Your failure to return from liberty at appropriate time and place.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940517:	Counseled for deficiencies in performance and conduct.  [Misconduct for insufficient funds, financial obligations and your involvement in a physical altercation on 26Feb94.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940613:	Counseled for deficiencies in performance and conduct.  [Your frequent involvement with civilian and military authorities of a discreditable nature is directly prejudicial to the good order discipline of the Armed Forces.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940621:	NJP for violation of UCMJ, Article 86 (2 specs):
Specification 1: Unauthorized absence from 0700, 18Apr94 to 1945, 16May94 (28 days/surrendered).
Specification 2: Unauthorized absence from 0730-1045, 940609
Violation of UCMJ, Article 123a (5 specs):
Specifications: Uttered five worthless checks between 2May94 and 4May94, totaling $141.85.
Awarded restriction and extra duties for 30 days, reduction to PFC.  Not appealed.

940627:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.

940627:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

940630:	Commanding officer recommended discharge under honorable conditions (general) by reason of misconduct due to minor disciplinary infractions.  The factual basis for this recommendation was you two 6105 counseling entries, and two nonjudicial punishments for four violations of the UCMJ. 

940711:	SJA review determined the case sufficient in law and fact.

940712:	GCMCA [Commander] directed the applicant's discharge under honorable conditions (general) by reason of misconduct due to minor disciplinary infractions.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 940722 Under Honorable conditions (General) 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).

In the applicant’s issue, the Board determined this issue is without merit.  The NDRB is under no obligation to upgrade an applicant’s discharge to allow him the opportunity to utilize the G. I. Bill or for increased job opportunities. The applicant states that he has learned form his mistakes and the NDRB has no doubt that he has, but the Board must look at the equity and propriety of the discharge to determine if an error occurred which would warant recharacterization of the discharge.  No such error occurred.  Relief denied.

 Additionally, the NDRB is authorized to consider post-service factors in the recharacterization of a discharge (D), with verifiable documentation.  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 P1900.16D), 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 view DoD Directive 1332.28 and other Decisional Documents by going online at “afls14.jag.af.mil”.  

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
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023