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

 ex-LCpl, USMC
Docket No. MD00-00143

Applicant’s Request

The application for discharge review, received 991104, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000720.  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. 6210.6.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  As a result of my offenses while in the Marine Corps I served 360 days in NC Dept of Corrections.  My record as a Marine was outstanding in every way.  In my two years of active service I was meritoriously promoted out of basic training, I was a second award expert rifleman, my pro-cons were great and I was in the process of applying to Annapolis.  I graduated high school with honors and all of these positive attributes and actions were negated by my own foolish actions.
My life since my discharge has been difficult, but I have worked constantly, 60-70 hour weeks at various jobs.  I am currently employed by GNC and the Outback Steakhouse.  I would like my discharge to be made honorable or even General so I can use my GI Bill for college.  I only want to improve my life.  My mistake was horrible and I paid for it.  I know I only have myself to blame, but it is so important to not quit and advance far in life despite my one mistake.  Consideration on enabling me to use my GI Bill would be greatly appreciated.

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:   None
	Inactive: USMCR(J)		940929 - 950711	COG

Period of Service Under Review:

Date of Enlistment:  950712		Date of Discharge:  970620

Length of Service (years, months, days):

	Active:    01  11  09
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  87

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.6 (4)			Conduct:  4.6 (4)

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SSDR

Days of Unauthorized Absence:  33 

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  MARCORSEPMAN Par. 6210.6.

Chronological Listing of Significant Service Events:

970424:	Counseled for deficiencies in performance and conduct.  [Unauthorized absences from your appointed place of duty, Violation of Article 86, UCMJ, Unauthorized absence from 0700, 970402 to 0800, 970402, 0700, 970415 to 0735, 970415, 0700, 970417 to 0900, 970417.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  

970507:	Message from CG Second MARDIV to CMC: Applicant arrested by Beaufort County Sheriff's Department as a suspect for two counts of robbery with a dangerous weapon.  The first and second took place at the Sunset Bar on 20 April 1997.  Officials allege that he suspect stole, in the presence of the victim, with the use of a handgun, cash in the value of $695.25, the second count of robbery took place on 27 April 1997, and alleges that the suspect stole, in the presence of the victim, with the use of a revolver, a wallet containing $75.00 and a safe containing legal documents and having a value of $100.00.

970507:	Applicant to unauthorized absence (IHCA).

970602:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

970602:  	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.

970602:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.  The factual basis for this recommendation was your civilian arrest for two counts of theft and assault with a deadly weapon. 

970609:	Applicant from unauthorized absence (33 days).

970613:	SJA review determined the case sufficient in law and fact.

970617:	GCMCA [Commanding General, 2d Marine Division, U.S. Marine Corps Forces, Atlantic, Camp Lejeune, NC] directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970620 under other than honorable conditions for misconduct due to the commission of a serious offense (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 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 6210, MISCONDUCT of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95 until 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 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