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

ex-LCpl, USMC
Docket No. MD00-00189 

Applicant’s Request

The application for discharge review, received 991118, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a documentary record discharge review.  The applicant listed the American Legion as his 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/VOL DIS (IN LIEU OF TRIAL BY COURT MARTIAL), authority: MARCORSEPMAN Par. 6419.

The NDRB did note an administrative error on the original DD Form 214.  Block 28, Narrative Reason for Separation should read:  “VOL DIS (IN LIEU OF TRIAL BY COURT MARTIAL” vice “CONDUCT TRIABLE BY COURTS-MARTIAL (REQUEST FOR DISCHARGE FOR THE GOOD OF THE SERVICE)”.  The original DD Form 214 should be corrected or reissued as appropriate. 

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  (EQUITY ISSUE) This former member opines that psychological problems, including an inservice diagnosed schizoid personality disorder, impaired his ability to serve and sufficiently mitigated his misconduct of record to warrant separation under honorable conditions.

Documentation

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

Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		900905 – 901016	COG

Period of Service Under Review:

Date of Enlistment:  901017		Date of Discharge:  930607

Length of Service (years, months, days):

	Active:    02  07  21
	Inactive:  None

Age at Entry:  25			Years Contracted:  4

Education Level:  12			AFQT:  63

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.5 (6)			Conduct:  3.9  (6)

Military Decorations:  None

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

Days of Unauthorized Absence:  162 

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

UNDER OTHER THAN HONORABLE CONDITIONS/VOL DIS (IN LIEU OF TRIAL BY COURT MARTIAL), authority: MARCORSEPMAN Par. 6419.

Chronological Listing of Significant Service Events:

921030:	Applicant to unauthorized absence 0731, 30Oct92.

921201:	Applicant declared a deserter on 931201 having been an unauthorized absentee since 0731, 921030. 

930411:	Applicant apprehended by civil authorities on 930411 (2312) at Buncombe County Sheriff Department, Asheville, NC.  Returned to military control 930411.

930426:	Applicant sent to medical authority for a psychological eval prior to discharge.  Applicant determined not to be suffering from a severe  psychological disorder and is fit for duty. Judged to be psychologically unsuitable for retention in the USMC.
 
930506:	Applicant, having consulted with counsel certified under UCMJ Art 27b, requested discharge for the good of the service to escape trial by court- martial.  In the request the applicant noted that his counsel had fully explained the elements of the offenses for which he was charged and that he understood the elements of the offenses.  He further certified a complete understanding of the negative consequences of his actions and that characterization of service would be under other honorable conditions.  The applicant admitted guilt to the following violations of the UCMJ, Article 86: Unauthorized absence from 0730, 30Oct92 until 2312, 11Apr93 (162 days/apprehended).

930601:	SJA review determined the case sufficient in law and fact.

930601:	GCMCA [Commanding General, 2d Marine Aircraft Wing, FMFLant, Cherry Point, NC] determined that separation in lieu of trial by court-martial was in the best interest of the service, and directed discharge under other than honorable conditions by reason of conduct triable by courts-martial.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 930607 under other than honorable conditions in lieu of trial by court-martial (A and B).  The Board presumed regularity in the conduct of governmental affairs (C).  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 (D and E).

The applicant’s representative submitted the following as issue 2: (EQUITY ISSUE) This former member opines that psychological problems, including an inservice diagnosed schizoid personality disorder, impaired his ability to serve and sufficiently mitigated his misconduct of record to warrant separation under honorable conditions. The Board found that the applicant was UA for 162 days.  Up until that time he had had no apparent psychological problems, as a review of his medical records reveals.  On 26Apr93, the applicant saw sent to the psychologist, by his command, for determination of fitness for a court-martial.  At that point the psychologist determined “At the time of the alleged criminal conduct, the accused did not have a mental disease….he had substantial capacity to appreciate the criminality of his conduct..” As a result of this evaluation, the Board determined that the applicant’s mental condition was not a factor in his UA.  Relief denied.   
Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6419, SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16D), effective 
27 Jun 89 until 17 Aug 95.
 
B.  The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article [ e.g., Article 86, unauthorized absence for more than 30 days].

C.  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.  

D.  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.

E.  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