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

ex-Pvt, USMC
Docket No. MD00-00149

Applicant’s Request

The application for discharge review, received 991104, 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 000727.  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. 6210.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  My discharch was undesirable because I have (6) six acounts (UA) unauthorized absence because I went to the hospital to be with my wife who was very sick at the time and pregnant with my daughter.  Attach doctors notes.

Documentation

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

Six medical notes re: applicant's wife dated June 3, 1997, May 28, 1997, May 19, 1997, June 5, 1997, May 30, 1997 and June 13, 1997
Copy of DD Form 214 (Member 1)

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		931116 - 940619	COG

Period of Service Under Review:

Date of Enlistment:  940620		Date of Discharge:  970818

Length of Service (years, months, days):

	Active:  03  01  29
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  00

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency:  3.8 (10)		Conduct:  4.1 (10)

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SSDR, MM, Letter of Appreciation

Days of Unauthorized Absence:  7 

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  MARCORSEPMAN Par. 6210.3.

Chronological Listing of Significant Service Events:

961213:	Counseled for deficiencies in performance and conduct.  [Failure to report to the appointed place of duty.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970411:	NJP for violation of UCMJ, Article 86:
Specification: Unauthorized absence from 0730, 26Mar97 to 0730, 2Apr97 (7 days/surrendered).
Awarded restriction and extra duties for 45 days, reduction to PFC.  Restriction and reduction suspended for 6 months.  Not appealed.

970522:	Vacate suspended restriction and reduction to PFC awarded at CO's NJP dated 11Apr97.

970529:	NJP for violation of UCMJ, Article 86 (3 specs):
Specification 1: Failure to go to morning formation on 0630, 13May97.
Specification 2: Failure to be on time at appointed place of duty on 15May97.
Specification 3: Failed to return to appointed place of duty from 1300-1400, 20May97
Violation of UCMJ, Article 121:
Specification: Defraud Home Depot of $168.88 after being given the cash to purchase a BOM for MWSG-37, applicant returned with 12 sheets of plywood with no proof of purchase on 13May97
Awarded forfeiture of $450.00 per month for 2 months, restriction for 45 days, reduction to Pvt.  Forfeiture and restriction suspended for 6  months.  Not appealed.

970701:	Counseled for deficiencies in performance and conduct.  [My continuous pattern of misconduct.  Specifically my viol of art 121 UCMJ and repeated viol of art 86 UCMJ.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970715:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

970715:  	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.

970715:	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 pattern of misconduct.  Specifically your continual violations of the UCMJ. 

970807:	SJA review determined the case sufficient in law and fact.

970808:	GCMCA [Commanding General, 3d Marine Aircraft Wing] directed the applicant's discharge under other than honorable conditions 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 970818 under other than honorable conditions 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).

In the applicant’s issue 1, the Board found that the documentation he provided does not verify his allegations.  The letters from the doctors were for events that did not occur on the days he was charged with UA.  The applicant was UA for 7 days, failed to report at the times indicated 3 times, and defrauded Home Depot of $168.88. Clearly the applicant had a problem that was not related to the illness of his spouse.  Relief denied.

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